02-01-2015, 05:44 AM
Kalakoa?
going nowhere fast
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02-01-2015, 06:21 AM
If the subdivisions got together and hired some powerful attorneys, it might be possible to attack the original illegal "grant of subdivision", but this would (probably) result in a bigger legal headache: who would "own" the undivided lands?
The subdivisions could dissolve their HOAs. This might actually be an improvement. County is prohibited (by Code) from "accepting" any "substandard" road, so there's no useful way to "give" those roads to County. (Nor would this necessarily create any kind of maintenance, just look at all the fine County roads we have today.) In any case, HA is different/special, simply because ownership of a lot therein does not require membership and/or dues paid to a homeowners' association; each lot includes an undivided fractional interest in the "road-shaped private access lot". HPP includes mandatory dues/membership, and their HOA owns the "road-shaped private access", which provides a single point-of-contact for legal liability as well as a substantial monetary target. The post with which I opened this thread was meant to illustrate this difference: compare the scope and visibility of HA's problems with those in HPP. Without mandatory dues, there simply isn't as much to fight over. HARC is less than forthcoming with their budget, but their latest newsletter states that "after administrative costs each lettered road received less than $4000 maintenance in 2014". Six lettered roads * 4000 = $24000. Compare this with HPP's "greenwaste debacle". Note also that HARC reserves 10% of "all dues collected" for maintanance on Roads 1 and 8, even though Road 8 is theoretically County's responsibility.
02-01-2015, 06:27 AM
HARC is less than forthcoming with their budget
Correction: HARC publishes lovely balance sheets. The latest of these shows $34K income, $11K admin, and about $6611 spent on actual maintenance. I'm probably reading it wrong, if anyone can do a better job, please do: http://www.hawaiianacresroads.org/wp-con...5-2014.pdf Note that I found this with a simple Google search. No pulling teeth required.
02-01-2015, 06:36 AM
HARC archives also include the "grant of easement" which stipulates:
[i]3. The Grantors shall not be liable for any costs and expenses with respect to the construction, reconstruction, repair, and maintenance of the easement area... 5. The Grantee shall at all times during the terms of this grant of easment keep the easment area in a clean, orderly, and sanitary condition, and shall not at any time make or suffer any strip or waste or unlawful, improper, or offensive use of the easement area. Grantors are Robert and Julie Jacobson; Grantee is the County.
02-01-2015, 06:38 AM
Yes, there are additional Grantors, but somehow a small handful of people were able to inflict this on all 4000+ landowners in HA.
02-03-2015, 05:39 AM
kalakoa - going nowhere fast - finally, an agreement point. And isn't this the goal of all Puna, to go nowhere, fast, slow, glacial?
"Mahalo nui Pele, 'ae noho ia moku 'aina" - kakahiaka oli
*Japanese tourist on bus through Pahoa, "Is this still America?*
02-03-2015, 05:56 AM
isn't this the goal of all Puna, to go nowhere, fast, slow, glacial?
I think this goal could easily be accomplished with a much smaller budget.
02-08-2015, 06:40 PM
quote: This is one way to spin it.
02-09-2015, 03:48 AM
This is one way to spin it.
Open to suggestions. I see lots of time and effort wasted on pointless arguments about "can we regulate this" or "that's not compliant with my idea of compliance", and I know there are endless committees and working groups trying to decide what the regulations mean, but ... I don't see any of the actual work getting done. Either Puna is supposed to evolve into something more than a bedroom community (and that's failing to happen) or Puna is supposed to be exactly how it is (and the rules are not supportive of this). I just need to know which one, so I can plan accordingly. |
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