Good morning Leilanidude and Obie. I do not believe I have been screeching about deed restrictions. I have informed others of them, yes. And here is an interesting fact, the property which the third party (the Watumulls) deeded over to PHH (now HPPOA) are restricted to parks, recreation, and schools (period) and those deed restrictions agreed to by PHH (now HPPOA) are enforceable. However, the way the deeds are written, the restrictions are not only enforceable by the third party (the Watumulls) they are enforceable by ANY and ALL OWNERS in HPP. That language is in the deed (enforceable by OWNERS) in black and white.
Not only do OWNERS have the right to enforce the restrictions, as per the deeds, but any legal and attorney costs that are incurred, in any Owner's effort to enforce those deed restrictions, should they be broken, will be paid by PHH (now HPPOA). Again, this language is ALL laid out in every parcel deed.
So...
1. There was no reason for HPPOA to drag the Watumull's into the lawsuit. Except...
a) HPPOA never received a release from the Watumulls regarding the deed restrictions. Instead, and against Owner concerns, HPPOA literally told Owners (who understand the deed restrictions) to stuff themselves, that the deed restrictions were old, if HPPOA had to they would fight it out in the courts, and that if Owners did not like it (violating deed restrictions) they could "Bring it on!"
b) Because HPPOA never received a release from the Watumulls, regarding the deed restrictions, and have now made a mess of everything, HPPOA has decided to (after the fact) bring the Watumulls in to "clarify," and basically whitewash everything HPPOA has done. As in, none of this is HPPOA's fault; the Watumulls have "unfairly competed" with HPPOA; the Watumulls have "monopolized" the commercial properties- basically saying that EVERYTHING about the deed restrictions which PHH (now HPPOA) WANTED and agreed to are the Watumulls fault.
In Wyoming we had a direct to house, rural mailbox. We received mail 3 days out of the week.
In Ainaloa we had a cluster mailbox at the longhouse. We lucked out. Our neighbors had a PO box in Hilo.
In HPP there were no mailboxes when we moved here. That is just how it was AND there were no PO Boxes. For a while, we received our mail via General Delivery, before renting out a PMB (private mail box).
I am not sure how many, or if any on this forum are reading about the USPS, and Dejoy's crap plan. But rural mail services ALL OVER the U.S. are being scaled back, and slowed down. (There is a good map that shows this.) And if the new administration has its way, there is a good possibility that the USPS will undergo even more changes- as in, privatization.
The USPS is broken (ask the postal workers here, ask the postal workers in Oahu who just recently took to the streets to protest the SLOWNESS of the mail). And substandard Subdivisions in Puna, Hawaii cannot afford the "fix." In fact, if the USPS IS privatized, what then?
Mailboxes? Seriously?
Oh, and that scheduling conference... C'mon, Obie. It is exactly what it says, a "scheduling conference." Nothing is going to be litigated. BUT, interestingly enough... HPPOA has still not complied with Court order and they have not handed over the information that the Plaintiff has requested. Which is why the Plaintiff has had to request the info THREE TIMES now. Why is that? Just HPPOA behaving as they have historically ALWAYS behaved? NON COMPLIANCE UNLESS MADE TO COMPLY?
Not only do OWNERS have the right to enforce the restrictions, as per the deeds, but any legal and attorney costs that are incurred, in any Owner's effort to enforce those deed restrictions, should they be broken, will be paid by PHH (now HPPOA). Again, this language is ALL laid out in every parcel deed.
So...
1. There was no reason for HPPOA to drag the Watumull's into the lawsuit. Except...
a) HPPOA never received a release from the Watumulls regarding the deed restrictions. Instead, and against Owner concerns, HPPOA literally told Owners (who understand the deed restrictions) to stuff themselves, that the deed restrictions were old, if HPPOA had to they would fight it out in the courts, and that if Owners did not like it (violating deed restrictions) they could "Bring it on!"
b) Because HPPOA never received a release from the Watumulls, regarding the deed restrictions, and have now made a mess of everything, HPPOA has decided to (after the fact) bring the Watumulls in to "clarify," and basically whitewash everything HPPOA has done. As in, none of this is HPPOA's fault; the Watumulls have "unfairly competed" with HPPOA; the Watumulls have "monopolized" the commercial properties- basically saying that EVERYTHING about the deed restrictions which PHH (now HPPOA) WANTED and agreed to are the Watumulls fault.
In Wyoming we had a direct to house, rural mailbox. We received mail 3 days out of the week.
In Ainaloa we had a cluster mailbox at the longhouse. We lucked out. Our neighbors had a PO box in Hilo.
In HPP there were no mailboxes when we moved here. That is just how it was AND there were no PO Boxes. For a while, we received our mail via General Delivery, before renting out a PMB (private mail box).
I am not sure how many, or if any on this forum are reading about the USPS, and Dejoy's crap plan. But rural mail services ALL OVER the U.S. are being scaled back, and slowed down. (There is a good map that shows this.) And if the new administration has its way, there is a good possibility that the USPS will undergo even more changes- as in, privatization.
The USPS is broken (ask the postal workers here, ask the postal workers in Oahu who just recently took to the streets to protest the SLOWNESS of the mail). And substandard Subdivisions in Puna, Hawaii cannot afford the "fix." In fact, if the USPS IS privatized, what then?
Mailboxes? Seriously?
Oh, and that scheduling conference... C'mon, Obie. It is exactly what it says, a "scheduling conference." Nothing is going to be litigated. BUT, interestingly enough... HPPOA has still not complied with Court order and they have not handed over the information that the Plaintiff has requested. Which is why the Plaintiff has had to request the info THREE TIMES now. Why is that? Just HPPOA behaving as they have historically ALWAYS behaved? NON COMPLIANCE UNLESS MADE TO COMPLY?