HB2570: Mandatory Road Dues for all?

[randomq]

Looks like Joy is trying to address mandatory road dues, you can read the full text of the bill on hawaii.gov. Opinions?

https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2570&year=2018&AspxAutoDetectCookieSupport=1

HB2570 Joy San Buenaventura

Housing Subdivisions; Road Repair and Maintenance; Assessments; County Duties
Description: Requires abutting lot owners to pay for the repair and maintenance of subdivision roads where the applicable deed does not specify that requirement. Authorizes court appointed entities to collect and assess fees. Requires counties to provide: (1) training to associations on their responsibilities; (2) services for certain subdivision assessments; and (3) assist in drafting a recorded instrument regarding the maintenance and operations of roads following the designation of a responsible entity.

[eigoya]

More questions than comments: Who does this effect, Hawaiian Acres? "Authorizes court appointed entities to collect assessments" Would that be the associations themselves? It passed through two committees, how many more to go?

[kalakoa]

Opposed by our very own Michael Yee, Director of Planning, who indicates that County would be very interested in studying the issue, if State could just provide $300K to hire a consultant.

[kalakoa]

(Not otherwise commenting because I don't want to give them any ideas.)

[Mimosa]

Would this mean H.A. need to give up 20 or more feet of road to be up to county standards of 60ft road width ?
Since Joy is not a REP for H.A. and her husband does the road maintenance - is this a conflict of interest ?
Would have to be 1st Ok'd by the land court .
Since the road lot in H.A. is owned by a silent trust in Japan and pays ZERO taxes on the road lot itself - would this entity be usurped from Joy who does not represent H.A . as far as we know ?
Do all subdivisions with sub standard road widths need to be brought up to county or state standards ?
We definitely are opposed.
Mrs.Mimosa

[Chunkster]

I'm not a big fan of SanBuenaventura, but I have to confess that there are some glimmers of hope in that bill. First, this quote from the legislation:

"The legislature believes that, because the counties approve housing subdivisions and collect real property taxes from the owners in those subdivisions, it is appropriate that counties establish rules and procedures for, conduct audits of, and act as an oversight agency of the housing subdivisions or be required to maintain and repair the infrastructure of the housing subdivisions."

While I would be the first to question the ability of the county to successfully audit or oversee anything, some sort of mechanism for such is better than none. Who knows? Maybe they would be better at forcing rules and ethical practices upon subdivisions than they are on themselves.

And second:

"If a majority of the lot owners within a subdivision have authorized an association, corporation, or other entity to assess and collect fees for the repair and maintenance of the subdivision roads, the lot owners may elect by a majority vote to instead have the county in which the subdivision is located assess and collect fees from the lot owners and expend those funds to repair and maintain the subdivision roads."

Again, I doubt the county would do a great job with this, but could they be any worse than the people running HPP? We have constant bickering and allegations of everything from nepotism to financial irregularities to serial by-law violations. And all the while, the roads get worse and we waste money on chip seal. I drove down 23rd today, and the relatively new chip seal surface continues to fall apart. It was visibly worse than two days ago.

Yes, I know we might be jumping from the frying pan into the fire if this is passed, but at least SanBuenaventura is trying to do something. For the first time in her political career, I might actually write in support of one of her proposals to the legislature. I am further encouraged that the sensible Cindy Evans is a co-sponsor. The bill has been passed out of committee with a favorable recommendation, but I think it may be an uphill struggle to passage and enactment.

[Justin]

Not to take this off on a tangent to National Politics, but rather to give context to what I'm about to say, I'm all for politicians trying something (which might not work) versus doing nothing (which definitely isn't working).

[Mimosa]

Chunkster - Cindy Evans owns several lots in H.A. that have un permitted homes on them - which she rents out .
Of course she wants the roads paved to her lots .
I am sure the real estate developers are chomping on this as future profits .
Mrs.Mimosa

[lquade]

this isn't just HA but all subdivisions with private roads. although puna seems to suffer the most, others in kohala and hamakua have the same issue. i was in pacific paradise mt. view manor for 35 years and the dues were only 15$ a year and still people wouldn't support their roads. it was a bit different because people bought into lovely paved roads that deteriorated where HA and some others, the people knew what they were buying.
i agree with justin, doing nothing isn't working and at least she is trying. and of course our own county opposed it in favor of yet another committee and study. I went to the mt. view meeting when harry first came back in office to hear about the last study and that is all the county wants to do, drag its feet talking about studies...meanwhile they collect taxes from us and don't provide any services except hilo and kona... i agree with kalakoa that the only thing that might work is all the subdivisions getting together for a class action but that won't happen either. apathy rules in puna it seems...what maybe 5 people testified?

[randomq]

I'd like to see limits on growth of dues and a mechanism for subdivisions or portions thereof to vote on the desired level of roadway.

In HA for instance, many would prefer well maintained gravel roads.