Roads Are Easements Not Planned Communities Or HOAs

[leilanidude]

Easement owners. Not a planned community.
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What does a partial ownership interest in an easement have to do with a planned community? A planned community does not have to own or maintain roads. Owners of a road easement do not have to be part of a planned community.

[HereOnThePrimalEdge]

A planned community does not have to own or maintain roads. Owners of a road easement do not have to be part of a planned community.

If a person has their own narrow definitions of planned community, road easements, etc, they can pretty much fit those concepts into little boxes that will always prove their point.

If a sign says No Dogs Allowed, you just tell the officer you’re walking your cat.

[Patricia]

Okay...

So, Kalakoa  Leilanidude, and HOTPE, my family and I have lived rural (real rural) most of our lives. The kind of rural where your closest neighbor is more than a mile down the road. The kind of rural where there are no paved roads for miles, and there is open space farther then your eyes can see.

The unpaved roads here pose challenges because there is a large population, living close together, who utilize them- constantly. In addition, road base is not really intended to be used as a long-term road cover- there are reasons for this (and yes, you can look them up).

And you are all exactly right, co-owners of road easements does not a planned community make. HPP is comprised of subdivided land that would be landlocked, except for the road easements. ALL of the roads in HPP are right of way easements which enable HPP owners to get to and from their property. HPP is not a planned Community.and the HPPOA clubhouse is not a community center.

[MyManao]

HPP is not a planned Community.and the HPPOA clubhouse is not a community center.

You'd be ok if you put IMO before that statement, but as it is, an egotistical maniac stating unequivocally that she knows..

You're a joke.. a laughing stock.. raving..

IMO, of course.

Really Pat.. nobody believes you, so why are you still posting here?

[Patricia]

"nobody believes you, so why are you still posting here?"

Actually, you would be wrong. There are quite a few who believe me and even more who do not need to hear the truth from me, but are appreciative, because they KNOW THE TRUTH as they LIVED THROUGH IT. In fact, those people, who lived through it, are really happy that some of us are FINALLY calling HPPOA and their sneaky, wannabe something they are not ways, out. 

Also, do a little real estate research about Hawaii easements. Hawaii is full of them.

Lastly, MyManoa, are you still trying to schmooze the PW clique? IMO, I don't think it will work out for you. But hey, I wish you luck.

[MyManao]

There are quite a few who believe me..

Like I said.. you appear to be a danger to yourself and your community

[Patricia]

Like I said.. you appear to be a danger..

MyManao, truth is only dangerous to those who do not want others to know it, because they have something to hide.

[MyManao]

only dangerous to those..

I think mental health professions should be the ones to figure that out. You certainly are incapable of it.

[Patricia]

Regarding Road Maintenance

HAWAII SUPREME COURT 1981

"It is one thing to say that the owners without express maintenance obligations (Increment I **) have a duty to contribute, but clearly another to say about Plaintiff  corporation (PHH now HPPOA **) is fairly structured to carry out the functions of road maintenance and the setting of fees and collection.

The Articles of Incorporation and Amended By-laws of Hui Hanalike (now HPPOA **) are devoid of particular reference to powers authorizing it to engage in road maintenance."


(** added for clarification)

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The HPPOA Articles, which the Supreme Court found "devoid" and upon which HPPOA basis ALL of their actions/inactions, along with the current 2010 bylaws, are STILL DEVOID.

[TomK]

What does a court ruling of "devoid" mean? Was that the actual ruling regarding HPP, or has it not happened yet? Do you have the case no. so we can check this out for ourselves?