Roads Are Easements Not Planned Communities Or HOAs

[Patricia]

Some of us have been dealing with this for 3+ years. She wants to make everyone so miserable they go away. I have texts from her saying exactly that. That’s why we don’t give in.

She has been removed from most FaceBook groups and Nextdoor, the APP. Now she’s found PW.

I’m ready for that root canal too.

This is TOTALLY terrible and untrue. Why is this dismissive, insulting behavior allowed, M2?

If you, or others, do not want to read, engage, or add anything of VALUE to the thread, then don't. No one is forcing you. 

But there is no need for you to be personally condescending, KP. OR to promote half-UNtruths.

[Moderator 2]

promote half-UNtruths.

I would simply lock up this thread, except I know it would rise again like the undead in a new thread.  With several pages of complaints about censorship.

So…
Any comments from this point on that include more than just the facts, such as but not limited to arguments, attacks, complaints, etc, etc, etc will be deleted in their entirety.

If I have to delete too many I’ll lock it up.  Too many is at my discretion.  

[kalianna]

458 comments isnʻt too many?

[Moderator 2]

458 comments isnʻt too many?

Thank you an example of grumbling and complaining without commenting on the topic.
I’m counting.

[Patricia]

Thank you an example of grumbling and complaining without commenting on the topic.
I’m counting.

Thank you, M2. I actually appreciate that. However, I do not feel that "roads" should be taken literally (JMO). As anything that has to do with substandard subdivisions in Puna, Hawaii (board overreach, county and state negligence, etc.) is probably info owners and prospective owners should know.

Thank you, again.

[Patricia]

A fact: 
If you live in Increment I, HPPOA only has a fractional interest of ownership in the roads, which HPPOA SHARES with all other Increment I owners.

3rd Circuit Court
Case 6595
(The following, according to the PHH- now HPPOA attorney)

"The usual property description granting the roadways easement in Increment I is worded as follows:

'Together with an undivided 1/5750th interest in and to Lots X, in Block X, as shown on Maps X, respectively, of said Land shown on Map X of Land Court Application No. X, of W. H. Shipman, Limited; to be used in common with all others entitled thereto, for roadway and utility purposes only;'

"The above grants each lot owner in Increment I a 1/5750th fractional interest in all the roadways, plus an easement to use the roadways, as shown by the phrase, '...to be used in common with others entitled thereto, for roadway and utility purposes only;'

Here there is no debate that the easement owners are all property owners in Increment I."

---

A fact: 
If you live in Increment I, HPPOA only has a fractional interest of ownership in the roads, which HPPOA SHARES with all other Increment I owners.

3rd Circuit Court
Case 6595
(The following, according to the PHH- now HPPOA attorney)

"The usual property description granting the roadways easement in Increment I is worded as follows:

'Together with an undivided 1/5750th interest in and to Lots X, in Block X, as shown on Maps X, respectively, of said Land shown on Map X of Land Court Application No. X, of W. H. Shipman, Limited; to be used in common with all others entitled thereto, for roadway and utility purposes only;'

"The above grants each lot owner in Increment I a 1/5750th fractional interest in all the roadways, plus an easement to use the roadways, as shown by the phrase, '...to be used in common with others entitled thereto, for roadway and utility purposes only;'

Here there is no debate that the easement owners are all property owners in Increment I."

Easement owners. Not a planned community.

[HiloJulie]

Patricia,

There is a way to add to your posts without requoting your own post.

Simply go to the post you wish to add to and select the "EDIT" button and "FULL EDIT" and add what you desire and then press "UPDATE POST."

It makes your posts so much easier to read and follow and does not give the readers the impressing of continually saying the same thing over and over and over... Oh - wait...!

[Patricia]

"It makes your posts so much easier to read and follow and does not give the readers the impressing of continually saying the same thing over and over and over... Oh - wait...!"

Apologies, does the above work for you, HiloJulie?

M2, is HiloJulie's post considered "fact?" Grumbling? Or maybe just a "complaint?" Whatever it is, it seems pretty snarky (no?) and not relevant to roads. 

"So… Any comments from this point on that include more than just the facts, such as but not limited to arguments, attacks, complaints, etc, etc, etc will be deleted in their entirety."

[Patricia]

Just to be clear, as some who do not live here may not understand or be aware, many of the roads that run through Puna subdivisions are private. They are not maintained by either the state or county and owners, residing in those subdivisions, are responsible for the upkeep and improvement if those private roads.

Also, just as many of the subdivisions in Puna Hawaii are substandard, so are their roads. So, if you are a very particular person who does not like road dust covering your car, does not like getting little chips in your car paint or the occasional crack to your windshield, then this is something to consider. In addition, if you are a person that does not like road base dust on your house, in your yard, etc., then again, something to consider.

Many of us live with the above and deal with it because we enjoy Hawaii. BUT the powers that be, who are supposed to be addressing the above issues, should be focusing SOLELY on the above issues with the money they collect that is supposed to be restricted and used SOLELY for the above issues.

Are there "natural" factors in Hawaii that create a lot of wear and tear on the roads? Of course. This is even MORE reason why money that is collected for our roads should not be spent anywhere else.

[kalakoa]

does not like road dust covering your car, does not like getting little chips in your car paint or the occasional crack to your windshield

Compared to the cost of road maintenance and the increase in property taxes that comes from improved roads, some extra vehicle maintenance might well be cheaper.

If you want paved roads, then move to somewhere that has paved roads.