The Hawaii Supreme Court decision addressing one (out of many concerns) of PHH's (now HPPOA's) "innately unfair means" of carrying out their "authority," was their requirement that, "only members of Hui Hanalike are entitled to vote for officers and directors." The Supreme Court called this "utra vires."
That said, PHH (now HPPOA) and their attorneys decided to try to skirt that issue and MAKE all HPP Owners members of the PHH (now HPPOA) club. However, THAT decision was challenged and language, required by the court to advise HPP owners of their rights was ordered.
That language was to include:
1. that it be made clear that lot owners can decline to be members of the Association; and
2. that it be made clear that mandatory dues be imposed only if the court approves such a provision.
So, as per the decision of the Hawaii Supreme Court and the lower court, HPP Owners can CHOOSE whether they wish to be association members or not. But, because all HPP Owners must pay mandatory road fees (not dues) HPP Owners are entitled to vote, whether they are asssociation members or not.
Hence the reason the legislature adopted HRS 421J.
Obie, 421J has been around since July 1997. PHH (now HPPOA) was involved in court proceedings during that time and well after. If 421J would have applied back then, why was it not?
421J is not recent legislation. There were recent modifications (amendments) but these were not major (mostly having to do with proxies). Nothing "new" about 421J makes it anymore relevant now, to HPP and HPPOA, than it would have 27 years ago.
That said, PHH (now HPPOA) and their attorneys decided to try to skirt that issue and MAKE all HPP Owners members of the PHH (now HPPOA) club. However, THAT decision was challenged and language, required by the court to advise HPP owners of their rights was ordered.
That language was to include:
1. that it be made clear that lot owners can decline to be members of the Association; and
2. that it be made clear that mandatory dues be imposed only if the court approves such a provision.
So, as per the decision of the Hawaii Supreme Court and the lower court, HPP Owners can CHOOSE whether they wish to be association members or not. But, because all HPP Owners must pay mandatory road fees (not dues) HPP Owners are entitled to vote, whether they are asssociation members or not.
Hence the reason the legislature adopted HRS 421J.
Obie, 421J has been around since July 1997. PHH (now HPPOA) was involved in court proceedings during that time and well after. If 421J would have applied back then, why was it not?
421J is not recent legislation. There were recent modifications (amendments) but these were not major (mostly having to do with proxies). Nothing "new" about 421J makes it anymore relevant now, to HPP and HPPOA, than it would have 27 years ago.