01-25-2025, 06:29 PM
Knowing full well that I am in no doubt stepping into a crater full of red-hot lava here by posting this, but the ONLY Hawaii Supreme Court Case dealing with HPPOA (and its predecessors) is from 1983 and not 1981, in which the court found that:
"The court below (lower court) entered findings of fact and conclusions of law, holding that the lot owners in Increment I, whose deeds did not contain road maintenance clauses, nevertheless had a duty to contribute to road maintenance where their lots abutted on the private subdivision roadways. However, the court (lower court) dismissed the action because the proposed relief, by way of a mandatory injunction requiring payments to Paradise Hui Hanalike, a non-profit corporation, was inappropriate. The court (lower court) held that road maintenance by that corporation was ultra vires; that the corporation by-laws deprived out-of-state lot owners of a right to vote for officers and directors of the corporation; and that the proposed means of carrying out the assessments by requiring payments to that corporation were innately unfair."
The Hawaii Supreme Court upheld the duty of Increment 1 residents to pay road maintenance fees but reversed and remanded the method of remedy to enforce that legal obligation back to the lower court.
"We hold, as did the court below, (lower court) that the lot owners whose lots abut on subdivision roads have a legal duty to contribute to necessary maintenance of the roads in the subdivision even though their deeds are silent on the matter. Accordingly, the case is remanded to the circuit court to fashion, by decree, an appropriate remedy to enforce that duty."
Paradise Hui Hanalike v. Hawaiian Paradise Park Corp., 66 Haw. 362 | Casetext Search + Citator
"The court below (lower court) entered findings of fact and conclusions of law, holding that the lot owners in Increment I, whose deeds did not contain road maintenance clauses, nevertheless had a duty to contribute to road maintenance where their lots abutted on the private subdivision roadways. However, the court (lower court) dismissed the action because the proposed relief, by way of a mandatory injunction requiring payments to Paradise Hui Hanalike, a non-profit corporation, was inappropriate. The court (lower court) held that road maintenance by that corporation was ultra vires; that the corporation by-laws deprived out-of-state lot owners of a right to vote for officers and directors of the corporation; and that the proposed means of carrying out the assessments by requiring payments to that corporation were innately unfair."
The Hawaii Supreme Court upheld the duty of Increment 1 residents to pay road maintenance fees but reversed and remanded the method of remedy to enforce that legal obligation back to the lower court.
"We hold, as did the court below, (lower court) that the lot owners whose lots abut on subdivision roads have a legal duty to contribute to necessary maintenance of the roads in the subdivision even though their deeds are silent on the matter. Accordingly, the case is remanded to the circuit court to fashion, by decree, an appropriate remedy to enforce that duty."
Paradise Hui Hanalike v. Hawaiian Paradise Park Corp., 66 Haw. 362 | Casetext Search + Citator
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