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"But when Nakamura found that the deeds of the lot owners did not allow for the transition..."
The Right Not to Join
Friday, December 8, 2017, 10:05 a.m.
According to the Hawaii Supreme Court, Paradise Hui Hanalike of Hawaiian Paradise Park failed to submit a certified copy of its 1984 adapted bylaws, as amended, to the 3rd Circuit Court to append to a final judgement.
The Supreme Court gave a direct order to the 3rd Circuit Court in Hilo to deny PHH the right to collect road maintenance fees.
In 2001, Judge Greg Nakamura attempted to reorganize PHH into the Hawaiian Paradise Park Owners Association. The intention of the court was to compel all lot owners to become “automatic members” of the association.
But when Nakamura found that the deeds of the lot owners did not allow for the transition, he amended his judgment to allow the right to decide whether or not to join the association.
Janet Silva
Hawaiian Paradise Park
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Legal Update
The attached is NOT exactly what the lawsuit is about.
Some of what HPPOA does not go into is SOME of the reasons for the board's Breach of Fiduciary Duty.
As in:
Ignoring deed restrictions that were placed on land used to install mailboxes
Using hundreds of thousands of dollars in restricted road fee money for non-road projects
Violating bylaws
Adopting 421J a law that does not pertain to HPPOA
There is actually a lot more. And yes, you can find it on the kokua E-Court site (though HPPOA does not give you a link for that).
Here it is:
https://www.courts.state.hi.us/legal_ref...ailability
And once you get in, you can look up the case using Karin Hoffman...
If you want to access any of the documents, you will have to pay for them. OR you can DM me and I will share them with you.
Given the lame "break-down" of the lawsuit on the HPPOA website, it would seem HPPOA does not want HPP Owners to know much about or discuss lawsuit details. This, even though HPP Owners are footing the bills for HPPOA's attorneys.
There has been A LOT more that has happened with this lawsuit since August of 2023. Time for HPP Owners to get caught up.
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Sure is a lot of tread on these HPP tires.... they never war out.
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(11-09-2024, 03:09 AM)Rob Tucker Wrote: Sure is a lot of tread on these HPP tires.... they never war out.
Aloha Rob,
Too bad we aren't really talking about tires. 'Cause that would be great!
Personally, I am hoping that this time HPPOA throws a flat and there will be a complete change of rubber and overdue rotation.
I appreciate your tolerance. Even if you do not agree.
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Its not that I disagree..... just been listening to it for thirty years.
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(11-09-2024, 03:52 AM)Rob Tucker Wrote: Its not that I disagree..... just been listening to it for thirty years.
Understood. I have gone through a lot of the old PW threads... Maybe, this time, there will be a resolution. Fingers crossed.
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On another recent thread there was a question about Waipio Valley Road, and restricted access. On this thread it was pointed out that HPP roads do not meet minimum requirements for a County road, supposedly barring the County from accepting responsibility for HPP roads.
According to Hawaii County:
WHEREAS, Waipi‘o Valley Road is a four-wheel drive County road located on the northern Hāmākua Coast of Hawai‘i Island. The road is narrow and winds down the steep hillside of the south valley wall.
https://www.hawaiicounty.gov/Home/Compon...ley%20wall.
Does Waipio Valley Road as it now exists meet minimum requirements?
Can a County road, paid for with tax dollars be restricted from use by some taxpayers?
Does the County do whatever they find is in their own best interests, citing “rules” in some cases, making exceptions in others?
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Does the County do whatever they find is in their own best interests, citing “rules” in some cases, making exceptions in others?
How can anyone plan for the future when the rules are selectively enforced?
Do people really want to spend all their time litigating for basic infrastructure like roads and mail delivery?
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I do not think most want to spend all there time litigating, roads, mailboxes, wastewater, water, or because they are trying to get paid money they are owed (as per a contract the County agreed to). I do not think most people wish to litigate amything at all- it is costly and time consuming. Unfortunately, the way some of the road associations currently "work," the way the County has been "working," the way the state "works," people have few options but to litigate.
Until the powers that be take a hard look around, do their research, roll up their sleeves and tackle some of the above problems and more, I believe more people will be forced into more litigation. Because when you have vague and bad laws, and/or laws that can be ignored and enforced only when convenient, there is always going to be conflict.
Plan for the future, plan for change- put pressure on your government reps, who should be addressing the infrastructure and seeing that laws are fairly enforced. It is their job (as well as writing GOOD law).
Strong, proactive leaders and good law could go a long way to minimize litigation.
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Dayum...I keep running of popcorn!
