Roads Are Easements Not Planned Communities Or HOAs

[Paddleman]

Patricia -The question I have asked (and so have some others) has not been answered. All this screeching about deed restrictions from you and naming the Watamulls....

Has anyone ever formally asked the Watamulls if putting the mailbox clusters on those 20 acre parcels is OK with them?

leilanidude- A previous HPPOA Board year's and year's ago where told to have their attorney draft something and to submit it the Watumull's attorney regarding the Deed Restriction changes that they wanted on these specific Deed Restricted parcels.That Board decided not to pursue this because of several reasons (for ex. costs $$$$, attorney fees etc). So nothing was done. 

So that brings us to the current situation. According to the current HPPOA Board (President) they wrote one (1) letter to the Watumull's and received NO response. So based on this ONE NO RESPONSE this Board has plowed ahead with spending over 1 MILLION dollars (by the time this is all done, it could be closer to 2 MILLION) of Restricted Road money. Would you agree that writing ONE letter and getting absolutely NO RESPONSE from the other party on the Deed Restricted (parcels)(Watamull's are the original developer who gave HPP these four 20 acre parcels) is good business sense. I highly doubt that most companies or individuals (like you or me) would want to roll the dice and spend that kind of money, but hey that's JMO.  
Some people think this isn't a big deal but for example:

Say you, your family or friends OWN a piece of property and I decide that I want to build MY house on this property. There are current Restrictions that say (and you originally agreed to when you purchased  it) that a private home  cannot be built on it. I choose to ignore the facts and build MY house on your property and say to you "Sue me I'll take my chances" in a lawsuit because I had an attorney say that it was ok. Do you think CASE LAW would agree with that or because I wanted to do that it's legal, probably NOT. 

Recently in the news (some of you may have heard about this) there is a current lawsuit that a HPP homeowner and a builder who built a home on her property is now moving through the court process now. This homeowner didn't find out that any of this had taken place until a Realtor (that had actually sold the property/house) called her because something came up in the Title process. Just an example that things like this do occur. 

HPPOA has filed a third-party lawsuit against the Watumull's and have dragged them into this current lawsuit.  The Watumull's have responded to HPPOA disagreeing with all of their arguments. So at this point they are NOT in agreement with how HPPOA is using these Deed Restricted parcels.  

Just a note the Scheduling Conference for this Lawsuit is scheduled for next month February 14 if anyone cares.
Apologies to everyone reading this for it being so long but I want to clarify what is/has actually taken place. 
Appreciate all of the different opinions and conversations here and I look forward to more and others,  Mahalo.