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Hawaiian acres roads/community association
#51
we have asked to volunteer

Obviously it's polite to ask, but I don't see where any landowner needs HARC permission to maintain their own property.

There is no county council allowed to Signs over a road without HA permission

Four landowners were able to grant the easement, the other 3940 (per title) or 4002 (if you count the "legal nonconforming" sub-subdivision lots) either were not asked or were not allowed to object. I don't see how this is strictly legal, but apparently Hawaii has special "local rules" about that. If any of the Grantor Four were serving on (or near) the extant Council, there could be a "conflict of interest" (again, subject to interpretation by "local rule"). As far as I know, the legality of this Grant has not been tested in court.

Related issue: County doesn't "own" Road 8; they were granted an Easement, which agreement sets forth terms and conditions. Entirely possible that County is in violation, but again, not tested in court.

we will be paying $120.00 on our lot and the buyers also paying another $60.00 on the same lot for the same one year

Triple-dipping is another Fine Local Tradition....
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#52
tom true dat , no aloha , biggest part of the problem . people just cant seem to nicely debate an issue , they go straight to the hate and name calling and sometimes retaliation . it makes such a hostile environment for discussion. the fact that more people have moved into the subdivision with expectations for their vision of how they want things to be has added to the mix. many property owners are so fed up with the current state of affairs that they no longer pay into HACA or HARC . at some point things will have to change for the betterment of the community either thru mediation,or a court appointed trustee that would step in to put things in order.
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#53
quote:
Originally posted by Mimosa
Birchl - In the past both my husband and myself have served on both boards,along with some very highly respected others in our community.
We have been told in no uncertain terms that our local ohana is NOT welcome at any of their meetings.Meaning - No locals allowed .
Time and time again,we have asked to volunteer,we have bought equipment,gotten the necessary insurances needed,submitted our business plans and fee schedule to each organization - only never to be called or contacted .
I am sure Birchl there are many things you may be unaware of in regards to the secret ways of each organization.
Mrs.Mimosa .

it is sad that you believe that whatever you were told then still applies now. it does not.
i was unaware of the need for insurance and fees when volunteering.
Once again the organizations are changing and the need for secrecy hopefully will end.
once again, i do think you have a point about the transfer fees. perhaps going to the office for an explanation, or even calling them on the phone would be more efficient then a message sent via an obscure web forum?

#10048;
#10048;
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#54
Willy or Birchl - can either of the two of you please drive Rd D from Road 1 to Road 11 and back up to Road 1.
Can you please note for this group discussion the condition of each 1/3rd mile section and report back to this forum on your findings.
Then can you please research for us and the group what has been spent in the last 3 to 4 years on each 1/3rd mile section and who over saw the work done.
Let the group know please if any spots along the whole road,may need mowing,gravel,paving repair or anything else needed for safe ingress and egress .
A weeks time should be enough to do us this small favor.
Thank You both in advance for this simple task .
Mrs.Mimosa
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#55
Birchl - We have gone to the office on numerous occasions.
A woman who is the office staff,says every time since we are not paid dues members according to her computer she can not help us.We have shown her our canceled check that they did cash and she said we must again repay as she has no record OR pay with pay pal or pay her cash.
She is the one who chain smokes and is constantly on her cell phone outside the door.
We have called and even FAX'd and no calls have ever been returned.
We have asked this member of the staff to please refrain from smoking around us as it aggravates our medical conditions and also cell phones make my husbands pace maker go crazy.
She has informed us personally we are not welcome there,so instead of going through all the drama and distrust of dealing with the office staff,we made the conscious personal choice not to further any drama's they have approved amongst themselves as to what is acceptable when dealing with the elderly and local residents.
We read the Hilo Trib waiting yearly for their ad's placed seeking contractors and others to help each organization and for several years there have been none.
Do you Birchl have any suggestions for us as to communicate more clearly with the office staff as you have mentioned?
It is not just us or our ohana,but many other local long time lots owners and residents who are just fed up.
Back when over the $100K a year was coming in for roads,the volunteer dues fee structure was only $30.00 a year.Prior to that it was $25.00 a year and never any problems.
In addition, Road 9 is part of pavement,from the "T" to almost Road C .Yet nothing has been done to that pavement or shoulders for over 4 years.

Mrs.Mimosa
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#56
According to HRS 414D-182 the charter (articles of incorporation)amendment to remove HACA's interest in the roads was done correctly and accepted by DCCA:
§414D-182  Procedure to amend articles of incorporation.  (a)  Amendments to the articles of incorporation shall be made in the following manner:
     (1)  If any members are entitled to vote on an amendment, the board of directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at an annual, regular, or special meeting of the members.  Notice setting forth the proposed amendment or a summary of the changes to be effected by the proposed amendments shall be given to each member entitled to vote at the meeting within the time and in the manner provided in this chapter for the giving of notice of meetings to members.  The proposed amendment shall be adopted upon receiving at least two-thirds of the votes that members present at the meeting or represented by proxy are entitled to cast; and
     (2)  If there are no members or no members entitled to vote on an amendment, an amendment shall be adopted at a meeting of the board of directors upon its receiving the vote of a majority of the directors in office.
     (b)  Any number of amendments may be submitted and voted upon at any one meeting. [L 2001, c 105, pt of §1; am L 2011, c 37, §12; am L 2012, c 58, §9]








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#57
[/quote]there is no money being spent on 8 road and only a few pennies being spent on 1 road . there use to be alot , and i mean alot of money $ 100,000.00 + a year for roads . where did all that money go??? for years it came in , enough that the roads atleast the lettered ones could have been paved. Transparency ??? laughable

justthefacts, more like just-NOT-the-facts! even with a membership of 1400 in one year there was never the kind of money you seem to think there was. And road 8 has a mile of unpaved road where funds need to be used as it is ingress-egress for many folks. Weed-eating around the poles on 8 was the other part of needed monies. This maintenance establishes our ownership of the paved portion. Most importantly, there has always been transparency except during your own time as Treasurer when you withheld info from even the board!!
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#58
the county has been doing the grass cutting on the road since it was paved by the county a few years back . gosh the only information i can recall hearing about being withheld from the board was when the secretary at the time did not inform the board that the internal revenue had subpoenaed records from HARCs files.or maybe when the taxes were not filed for 10 years ? ?
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#59
quote:
Originally posted by justthefacts

the county has been doing the grass cutting on the road since it was paved by the county a few years back . gosh the only information i can recall hearing about being withheld from the board was when the secretary at the time did not inform the board that the internal revenue had subpoenaed records from HARCs files.or maybe when the taxes were not filed for 10 years ? ?

IRS needed info on a vendor, not anything about HARC. No info withheld from anyone, just privacy for the vendor. All taxes were filed every year: GE and 990. Your "facts"are wrong.
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#60
quote:
Originally posted by justthefacts

the county has been doing the grass cutting on the road since it was paved by the county a few years back . gosh the only information i can recall hearing about being withheld from the board was when the secretary at the time did not inform the board that the internal revenue had subpoenaed records from HARCs files.or maybe when the taxes were not filed for 10 years ? ?

the county does maintenance and holds liability.the original agreement with the county was for HARC to coordinate residents to volunteer clearing around the poles, or pay for such. this also was to avoid herbicide spraying by making it easier for the county mowers.
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