Orchidland Road Fee

[Obie]

Did you notice this clause in our bylaws ?

If suit is brought, the Lot Owner shall be responsible for all
costs thereof, including reasonable attorney's fees.

[My 2 cents]

Obie, it's ok if you don't want to tell us what subdivision you are in, but could you please tell us about the foundation for your assessments? Specifically, does your HOA have a judgment for the collection of mandatory road maintenance assessments similar to what OLCA has. I just want to know if we are in the same ballgame, or if it's apples and oranges.

[Obie]

http://vhca.info/

[lquade]

I think some are using the HOA term loosely. I don't know if orchid land actually has a HOA, I know Hawaiian acres does not. If a group forms and calls themselves a Community association as does the acres, they are not a HOA. you need to look at your deed. if you have CCRS that specify a HOA then you have one. Many many states have all kinds of laws governing these. Don't confuse one with the other. Now that is a separate issue than mandatory road fees within a private road subdivision. Hawaii courts, the various counties, are all trying to address this issue. They worked years ago, when people actually took responsibility for themselves and helped maintain their roads. they certainly are not working now. It will be interesting to see where this all goes, especially in orchid land with 2 groups claiming 'ownership'.

[kalakoa]

Now that is a separate issue than mandatory road fees within a private road subdivision.

Not really separate -- either your deed has CCRs that legally bind you to the HOA and/or road fees, or it doesn't.

in orchid land with 2 groups claiming 'ownership'

I wonder how that worked out for Country Club Condos?

http://hawaiitribune-herald.com/news/loc...lub-condos
http://hawaiitribune-herald.com/news/loc...lems-mount

[My 2 cents]

http://vhca.info/

Allrightythen. Our associations are not exactly the same, but they are quite similar in that neither is a “planned community association” and both have judgments for Mandatory Road Maintenance Assessments (MRMA).

OLCA got its judgment for MRMA in 1992 and for 14 years they used the “non-judicial” process for attaching liens, as provided for in their bylaws. In 2005 they began implementing foreclosure, also in the bylaws. When it was challenged, the court ruled that OLCA could not foreclose, and needed to be using the “judicial” process for filing liens. RQ was kind enough to post the court’s decision for us, here it is again:

http://www.harc4u.com/wp-content/uploads...dgment.pdf

I think this proves very clearly that bylaws don’t mean squat unless they have legal statutes to back them up. OLCA changed its bylaws to reflect the court's decision. If OLCA were to start using the “non-judicial” process again, with or without a bylaws change they would be in direct violation/defiance of the court’s instructions. Still wanna make this bylaws change?

And yes, it all comes down to whether your association is a legitimate HOA/Planned Community Association.

[randomq]

Can the judicial lien process be done against a class? For example: your honor, here are the 1023 non-paying lots for 2016, we request a lien of $100 be placed on each lot.

[Orchidlandowner]

Some people haven't paid for years or possibly ever as a community everyone should pay their fair share it is too bad some people cannot figure that out and leech off of others

[microage97]

Too bad people like the Orchidland thieves use this forum like a troll bridge to spread lies and make off with that all that money in the bank accounts.

[randomq]

microage97 please post your evidence, I'm sure people would like to see it.