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HPP Special Assessment Proposal
#1
I attended what I thought was going to be a routine Neighborhood Watch meeting last Saturday, and the HPPOA Board President June Conant was given the last few minutes to speak to us. She told us of a proposal to assess all property owners in HPP $500 per lot for five years. This would raise over $20 million which would be used to pave the rest of the roads over those five years. A lottery system would determine which would be paved first. This is just a proposal at this point, and it is on the August 15 HPPOA board meeting agenda as item VI., section D, Finance Committee - Special Assessment. According to June, if approved by the BOD, this would be put to a vote of the property owners. It should be noted that the threshold for enactment would be a majority of a minimum of 600 mail-in votes returned. Thus, as few as 301 votes our of over 8,000 possible could get this enacted. Apathy could really bite us this time.

The rationale for this proposal is the dust issue which has resulted in the State threatening to fine HPP for "fugitive dust." If HPP puts this to a vote, they can say they tried to do something about the dust. There was some lively discussion at the meeting, with most there voicing skepticism on several levels. Given the wildly inaccurate projections of paving costs given at the time of the $12M bond election, some of expressed doubt as to whether we could be sure the proposal would cover the cost. Others have expressed a lack of confidence in the present BOD and management to competently oversee such a big project.

A possible alternative is to contest in court the legality of applying a regulation designed to be applied to construction sites and industrial locations to a subdivision. This would allow HPP to bring up the fact that there are county, state, and federal roads with dust issues. We should at least get a consultation with an attorney who specializes is such cases before we spend $20M, IMHO.

The proposed assessment could cause the delinquency rate on association fees to skyrocket from the current level of 12-15% and actually reduce the association income. That could theoretically force a default and put HPP back in receivership. Of course, I know people who think that would be just fine. Let a judge run the place. Democracy, as practiced in HPP, is not a pretty thing.
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#2
Thanks for the heads-up, Jerry.

Tom
http://apacificview.blogspot.com/
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#3
I'd pay it. But I think most won't.
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#4
I would pay it also..


“It is no measure of health to be well adjusted to a profoundly sick society.” " Krishnamurti "
“It is no measure of health to be well adjusted to a profoundly sick society.” " Krishnamurti "
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#5
I'm pretty sure our neighbors living on fixed retirement income couldn't pay the extra $1500 for their three lots that they bought for $10,000 apiece, and built their house on the middle lot 20 years ago. Lots that would be very hard to sell in the current market with an extra $500 a year road fee.

The side roads in Nanawale are all unpaved (and I think I remember they are even county roads), and they have dust issues too, is the state going to assess fines on every single unpaved road in the state for occasional dust issues when it is dry and people speed? If one subdivision is held accountable for dusty roads by a state agency, all subdivisions in the state should be held to the same standard.

Carol
Carol

Every time you feel yourself getting pulled into other people's nonsense, repeat these words: Not my circus, not my monkeys.
Polish Proverb
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#6
The state is likely only responding to written complaints.
Assume the best and ask questions.

Punaweb moderator
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#7
Good work, Jerry. Paving all the roads in HPP is one (very expensive) thing; maintaining them until Pele reclaims HPP is quite another. What strikes me is that this appears to be a huge overreaction to the dust complaint. What HPP needs to do is to expend a great deal of energy extinguishing that complaint so that it can decide on the future of the roads in a non-crisis mode, calmly and rationally. Speaking strictly from a lay point of view, now that I am retired, I have to say that the dust has been a known issue since time the beginning of time and we all "came to the nuisance" -- like moving next to an airport and complaining about the planes. This seems like something you could knock over with a feather. At worst, there is a duty to mitigate. No one can compel HPP to pave ALL roads in the subdivision because of dust on one street or even on all unpaved streets-- no one, that is, except a Board intent on doing precisely that.

In any case, this seems like deja vu all over again, as Casey Stengel said. Let me know what I can do to help.
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#8
As I noted in another thread, the complaints filed about dust were part of an effort to blackmail HPP into paving the road of the complainant(s). Forcing a high-level court decision on the validity of applying the dust regulations under these circumstances impresses me as more prudent and probably less expensive than charging everyone $2500 over five years. Carol's neighbors are just one example of a significant number of property owners who would find this to be unaffordable. Also, the projection of the special assessment being adequate to pave all the roads is subject to being swept away at any time due to a spike in oil prices or other factors. I've watched this hui too long to believe this sort of promise.
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#9
even if that isn't a violation of the court decree. there would be rioting
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#10
Jerry et al.,

When I moved to HPP a long time ago I was made aware of the road maintenance fee, and the annual increase, but don't remember anything about possible assessment fees. I'm not saying I didn't sign up for them, but don't remember them being mentioned at all. Is there something online that HPP residents can all see that shows they would have to pay such a fee? I'm sure there are people like me that are so busy things like this just don't appear on the radar and also people who have bought places that might not have had this explained to them (if it exists) or even understand a commitment they were not aware of.

I'd like to see it if there is one. I'm concerned because I'm sure most people in HPP, those that aren't lawyers, are a little surprised by this and what is to stop us being told we have to pay several thousand dollars per year if someone decides that's the way it has to go?

And a sore point with me - an extra $500 a year while we're taxed to drive on private roads?

Tom
http://apacificview.blogspot.com/
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