04-04-2009, 03:04 AM
Jeff
Thank you for sharing this letter with this forum. It was a real eye opener but I'm afraid put more questions in my mind:
1. You quote text from the bond:
“The priority order in which roads will be paved will be determined by the avoided cost of road maintenance, the amount of vehicular travel and the number of residences adjacent to the road.”
Does this mean the bond issuer decided the basis on which roads are to be paved and in what order, and there was no room at all to modify this plan by the BOD, or paving committee?
If the bond issuer did determine the terms, why? Was this to prevent endless argument about which roads would be paved by the paving committee and/or BOD?
2. Is there somewhere we can see the full terms of the bond's paving criteria including the full list of what roads must be paved and in what sequence?
3. Where do 1st and 16th streets fall in the priority list?
4. Does the bond give any weight to spacing, so that all paved roads are not clumped in one area? 4 of the 5 roads on top of the priority list cover just over one mile:
27th Paradise to Shower
23rd Makuu to Paradise
18th Kaloli to Paradise
19th Makuu to Kaloli
7th Makuu to Paradise
5. If we were strictly tied by the terms of the bond, was there some attempt by the previous board or paving committee to go against the terms, by selecting different roads based on their own criteria?
6. What happened after you issued this letter - did the paving committee resign? If so was a new committee formed and did they follow your guidelines/instructions and terms of the bond?
7. Where do we stand contractually/legally now with the bond issuer?
8. With regard to non road fee paying owners, I have heard mention at some of our meetings that our association intends to go after non payers of road fees - the Orchidland case demonstrates foreclosing is not an option so how are we handling it? Unpaid fees are recoverable when the property is sold so doesn't that give the same outcome as a lien, i.e. a lien is often only cleared when the property changes owners? Is there no other way to collect unpaid fees sooner?
Once again I think you are a breath of fresh air on the board, and we are finally getting to hear what is going on! Thank you for all the hard work. Perhaps to save time you could post some of the documents you refer to which might help answer some of these questions.
Thank you for sharing this letter with this forum. It was a real eye opener but I'm afraid put more questions in my mind:
1. You quote text from the bond:
“The priority order in which roads will be paved will be determined by the avoided cost of road maintenance, the amount of vehicular travel and the number of residences adjacent to the road.”
Does this mean the bond issuer decided the basis on which roads are to be paved and in what order, and there was no room at all to modify this plan by the BOD, or paving committee?
If the bond issuer did determine the terms, why? Was this to prevent endless argument about which roads would be paved by the paving committee and/or BOD?
2. Is there somewhere we can see the full terms of the bond's paving criteria including the full list of what roads must be paved and in what sequence?
3. Where do 1st and 16th streets fall in the priority list?
4. Does the bond give any weight to spacing, so that all paved roads are not clumped in one area? 4 of the 5 roads on top of the priority list cover just over one mile:
27th Paradise to Shower
23rd Makuu to Paradise
18th Kaloli to Paradise
19th Makuu to Kaloli
7th Makuu to Paradise
5. If we were strictly tied by the terms of the bond, was there some attempt by the previous board or paving committee to go against the terms, by selecting different roads based on their own criteria?
6. What happened after you issued this letter - did the paving committee resign? If so was a new committee formed and did they follow your guidelines/instructions and terms of the bond?
7. Where do we stand contractually/legally now with the bond issuer?
8. With regard to non road fee paying owners, I have heard mention at some of our meetings that our association intends to go after non payers of road fees - the Orchidland case demonstrates foreclosing is not an option so how are we handling it? Unpaid fees are recoverable when the property is sold so doesn't that give the same outcome as a lien, i.e. a lien is often only cleared when the property changes owners? Is there no other way to collect unpaid fees sooner?
Once again I think you are a breath of fresh air on the board, and we are finally getting to hear what is going on! Thank you for all the hard work. Perhaps to save time you could post some of the documents you refer to which might help answer some of these questions.