Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
HISTORY AS PROMISED
#1
Since some of you asked.

HISTORY

HPPOA (formerly Paradise Hui Hanalike) Timeline

1959-1960's

1) David Watumull makes a trade with the Shipman family, swapping a warehouse on Oahu for land on the island of Hawaii that will eventually become Hawaiian Paradise Park
2) David Watumull forms a corporation, Hawaiian Paradise Park Corporation, and petitions the County of Hawaii for a subdivision permit, which the County grants him with ONE stipulation- that roads (and only roads) must be provided.
3) David Watumull breaks his subdivision-offering up into two "Increments." Increment I (the upper portion of Hawaiian Paradise Park) where land owners collectively own their roads (and still presently do). And Increment II, where the Hawaiian Paradise Park Corporation (David Watumull's company, based in Oahu) retained ownership of the roads.
(Roads in Hswaiian Paradise Park are referred to as "easements." A right held by one property owner to make use of the land of another for a limited purpose, as right of passage.)
4) Hawaiian Paradise Park Owners in Increment II, pay David Watumull's company a fee to maintain Increment II roads. This "contract" is part of the Increment II land Owner's deeds. Increment I does not pay David Watumull's company for road fees, as they have no stipulation to do so in their deeds.
5) David Watumull creates a road maintenance company (based on the island of Hawaii) whose job it is to maintain the Increment II roads of Hawaiian Paradise Park.
6) David Watumull sets aside several 20-acre Hawaiian Paradise Park parcels, which his company retains ownership of. Of these parcels, it was thought that some could be set aside for future recreational and educational purposes.

1970's through 1980's

7) More lots have been purchased and "improved" by Hawaiian Paradise Park Owners.
8) Some Hawaiian Paradise Park Owners become unhappy with the state of Hawaiian Paradise Park Roads. They also want electrical lines to be brought farther down, into the subdivision, and they are concerned the park and recreational parcels, which David Watumull still owns, are going to be sold off or commercially developed. They are concerned about the park and recreational parcels being sold off or developed because Hawaiian Paradise Park Owners do not have a contract with David Watumull that requires him to keep, maintain, or develop those lands for Park or reational purposes.
9) A voluntary community association is formed in Hawaiian Paradise Park. This association approaches David Watumull, telling him they would like to establish a community fire department. David Watumull deeds them a portion of property. This voluntary community association never follows through, sells the property, and dissolves.
10) Four Hawaiian Paradise Park Owners get together at a dinner party and form another voluntary community association (nothing to do with the first) which they name Paradise Hui Hanalike. This voluntary community association is a "benevolent charity" that promotes "recreational and social activities." Paradise Hui Hanalike files their charter and bylaws, which state their charitable purposes with the state of Hawaii. Paradise Hui Hanalike is a membership organization that collects voluntary membership dues and has its first meeting in 1972.
11) The Paradise Hui Hanalike membership hires an attorney because they are concerned about the poor state of the Hawaiian Paradise Park Roads, the lack of electricity, and they want to be able to put together an actual club with a golf course, club house, pool, and park. They ask the attorney about suing David Watumull for all of these amenities they want. They also ask the attorney about suing the County of Hawaii, which approved the subdivision and has done nothing about the roads, even though Hawaiian Paradise Park Owners pay County taxes. 
The attorney tells them that David Watumull has no obligation to build them a golf course, a club house, pool, etc. But that David Watumull does have obligations regarding Increment II roads. The attorney also tells them they can try suing the County and that it is possible, though he seems it is unlikely that the County might take over responsibility of the Hawaiian Paradise Park roads.
12) Paradise Hui Hanalike sues David Watumull and the County.
13) David Watumull settles with Paradise Hui Hanalike, giving them control of the road maintenance company and the funds they collect from Increment II land Owner's. David Watumull also deeds several 20-acre parcels to Paradise Hui Hanalike with deed restrictions stating the land cannot be developed for anything but recreational or education purposes (this is in agreement with what Paradise Hui Hanalike wants). David Watumull also agrees to pay for the paving of Paradise Rd and Makuu.
The County of Hawaii offers nothing. And does nothing. As the County of Hawaii courts rule the County is released from any responsibility regarding roads in Hawaiian Paradise Park, "for perpetuity."
14) After getting just about everything they want, Paradise Hui Hanalike begins to worry about their liability. They now have assets that can be used against them and/or taken away from them.
They do not feel it is fair that owners in Increment I do not have to pay road maintenance. They ask owners in Increment I to contribute. Some owners (quite a few) are willing to pay for road maintenance even though they are not members of the Paradise Hui Hanalike club. Other owners do not want to pay a voluntary association at all because they are concerned their road fee money will be used for club business.
15) Paradise Hui Hanalike goes to their atrorney again. This time, to see about forcing Hawaiian Paradise Park Owners in Imcrement I (over 5,000 of them) to contribute toward road maintenance. Paradise Hui Hanalike also asks the attorney if there is a way to make owners become members of Paradise Hui Hanalike.
The attorney states that Paradise Hui Hanalike is not a mandatory association. That when David Watumull put the subdivision together, he did not envision a planned community. And that Paradise Hui Hanalike cannot force Hawaiian Paradise Park Owners to join their club. However, because Paradise Hui Hanalike was given the roads in Increment II, which they must maintain, it is possible they could sue the 5,000 Owners in Increment I to "compel" them to contribute to road maintenance.
16) Paradise Hui Hanalike sues the Hawaiian Paradise Park Owners in Increment I. Many of these owners do not even live on island and have no idea what is going on. Many owners never receive any kind of notification from the Hawaii court or the Hawaii attorneys, informing them of the lawsuit and what it is about. Many Increment I Owners are denied any kind of legal/self representation because of the lack of information.
17) Paradise Hui Hanalike wins the lawsuit against Increment I owners. Paradise Hui Hanalike is given the right to "compel" Increment I owners to pay Road Maintenance Fees to Paradise Hui Hanalike.
Paradise Hui Hanalike is also given the right to attach liens to any Hawaiian Paradise Park Owners property if they do not pay the billed road maintenance fees to Paradise Hui Hanalike. Paradise Hui Hanalike is not allowed to foreclose on Hawaiian Paradise Park Property Owners.
18) A group of Hawaiian Paradise Park Owners file an appeal with the higher court (the Hawaii Supreme Court). These owners feel their rights are being violated. They do not have conditions in their deeds which require them to contribute to road maintenance and they do not understand why they must pay a voluntary community association, especially as they do not wish to be members of the voluntary association. The higher Court then rules that property owners whose property borders subdivision roads have a legal duty to contribute to their maintenance. However, the issue regarding being a voluntary community association and membership are a concern, as owners cannot be forced to be members of a voluntary club if they do not wish to be. The higher court sends the case back to the lower courts to work out an "equitable solution."
19) Paradise Hui Hanalike is in and out of court several times through the 1980's. And while the voluntary community "amends" its bylaws several times, it never amends its charter.

1990's through 2010

20) Paradise Hui Hanalike, the voluntary community association (membership club) becomes a  "parent company" to the "Paradise Hui Hanalike Road Maintenance Committee." The "parent company" collects the club membership dues and engages in club business (the building of the clubhouse, the golf course plans, the social functions). The Paradise Hui Hanalike Road Maintenance Committee collects the road maintenance fees and is tasked with performing the road maintenance work on Hawaiian Paradise Park roads. Again, none of these changes are reflected (amended) in the Paradise Hui Hanalike charter).
21) Bylaws are drawn up showing the responsibilities and limitations of each part of the Paradise Hui Hanalike Corporation. The parent company's responsibilities/limitations are defined in Articles I through X (pages 1-7). The Paradise Hui Hanalike Road Maintenance Committee's responsibilities/limitations are defined in Article XI (pages 7-11). Still no changes to the charter.
These bylaws will eventually create a power struggle between Paradise Hui Hanalike (the club) and Paradise Hui Hanalike Road Maintenance Committee, with each feeling they have power and control to decide where and how road maintenance fee money (which has become A LOT) should be spent.
22) The Paradise Hui Hanalike Club and the Paradise Hui Hanalike Road Maintenance Committee return to court. The Paradise Hui Hanalike (club) objects to the now "infamous" Article XI, as the parent company no longer feels the Road Committee should have their own power to decide where and how to spend road maintenance fees or make road maintenance decisions.
23) Paradise Hui Hanalike (the club) and Paradise Hui Hanalike the Road Maintenance Committee are placed under receivership. During this time, a property manager is tasked with the day to day operations of running the corporation, including road maintenance.
24) The plaintiff, who filed the lawsuit which involved the power struggles betweenParadise Hui Hanalike (the club) and Paradise Hui Hanalike Road Committee, dies.
The receiver petitions the court to end the suit, stating there is no one else who will be stepping in for the deceased plaintiff and that all conditions requested by plaintiff have been met (which they have not).
The receiver and property manager assist Paradise Hui Hanalike (the club) in consolidating with Paradise Hui Hanalike Road Committee. This consolidation now makes Paradise Hui Hanalike the ADMINISTRATOR of Hawaiian Paradise Park road maintenance. Paradise Hui Hanalike, the club, is instructed to manage road funds and the cost of needed maintenance separately from the club. Paradise Hui Hanalike agrees to this, and much to their relief no longer have to deal with a "rogue Committee." (In future, Paradise Hui Hanalike will make sure that it is understood that all committees are only advisory.)
25) Paradise Hui Hanalike changes their name to Hawaiian Paradise Park Owners Association. They "amend" their bylaws, which their "members" approve. The Court accepts the Hawaiian Paradise Park Owners Association's amended bylaws but the Court also states (it is documented) that the Court and Hawaiian Paradise Park Owners Association understand that while Hawaiian Paradise Park Owners CAN be members of the voluntary club (Hawaiian Paradise Park Owners Association) which will now serve as the administrators for road maintenance work and funds, Hawaiian Paradise Park Owners ARE NOT required to be members of Hawaiian Paradise Park Owners Association.
26) Paradise Hui Hanalike (now Hawaiian Paradise Park Owners Association) amends and files a name change with the State Of Hawaii. But they never restate or amend their charter- even though their organization, governance, and purpose has drastically changed.
27) Hawaiian Paradise Park Owners Association amend their bylaws numerous times 2004 and 2010 being recorded). Unfortunately, the amendments they make are not in keeping with the mandates handed down from the Hawaii Supreme Court- some of these amendments being (but not limited to) the blurring of road maintenance fees for "compensation" with non-road activities and not allowing owners, who do not wish to be members, voting power.

The result of history.

28) Hawaiian Paradise Park Owners Association (Paradise Hui Hanalike) is still a voluntary club. Unfortunately, and for reasons unknown (maybe because there was so much road fee money) the voluntary club stopped soliciting and collecting membership dues.
29) The parcels deeded to Hawaiian Paradise Park Owners Association do not belong to Hawaiian Paradise Park Owners. The parcels belong to the voluntary club, which is supposed to have voluntary members that have a common vision in how they wish to utilize that land (which used to be education and parks). Any improvements the voluntary club makes to their land is whatever the voluntary club AND its members decide, as long as those decisions adhere to the deed restrictions and are financed with voluntary club membership dues. However, ANY Hawaiian Paradise Park OWNER may challenge the voluntary club and its members if the deed restrictions are broken (This is stated in the parcel deeds).
30) Hawaiian Paradise Park Owners Association owns some of the roads in Hawaiian Paradise Park (Increment II, the main roads). But they do not own all of the roads outright. Hawaiian Paradise Park Owners Association JOINTLY owns other roads in Hawaiian Paradise Parks with more than 5,000 Hawaiian Paradise Park Owners. Hawaiian Paradise Park Owners in Increment I are servient owners of the easements in their districts, the SAME as Hawaiian Paradise Park Owners Association.
31) No Hawaiian Paradise Park Owners, no matter which Increment they own property in, have stipulations in their deeds which encumber them to pay for anything more than joint road maintenance of Hawaiian Paradise Park roads.
So, Hawaiian Paradise Park Owners, while "compelled" to pay Road Maintenance Fees to Hawaiian Paradise Park Owners Association and allowed to vote on matters pertaining to how these fees are spent/managed, are not required to be members of the ADMINISTRATIVE corporation and voluntary club (Hawaiian Paradise Park Owners Association) which collects their road fee money, are not required to contribute to any other activities (non-road) the voluntary club and its members wish to fund.

The above is the history as it is documented and can be researched and read by anyone who wishes to take the time and effort to do so. So, please do not just take my word for it. Do your own investigating. While some documents may not be as readily accessible as others, there are still copies out there. In fact, Hawaiian Paradise Park Owners Association should have some, if not all, of this information on file and in their climate-controlled storage facility.

Aloha, HPP Family.
And please remember, Kindness is Key-
Patricia
Reply
#2
OK. Thanks. I gave up reading that very quickly; it's lawyer talk. So what happens next? If possible, could you do that in two or three sentences? I'm not even going to ask what happened after 2010.
Reply
#3
I appreciate the time and effort to post all of this, Patricia.

I don't live in HPP, but I find the history of Puna interesting.
Wahine

Lead by example
Reply
#4
(11 hours ago)Wao nahele wahine Wrote: I appreciate the time and effort to post all of this, Patricia.

I don't live in HPP, but I find the history of Puna interesting.
----------
Mahalo nui. There is a lot more about HPP (not just subdivision talk and politics). 

Puna is such an interesting and beautiful place.
Reply
#5
(Yesterday, 12:47 AM)Patricia Wrote: Since..

Damn, girl, you need an editor.. a publisher.. and a therapist. Good luck in your search.. I hope you find the attention you're looking for.
Reply
#6
(Yesterday, 10:13 AM)TomK Wrote: OK. Thanks. I gave up reading that very quickly; it's lawyer talk. So what happens next? If possible, could you do that in two or three sentences? I'm not even going to ask what happened after 2010.
--------
Apologies. The timeline is a simplified retelling of almost 70 years of history. If I had the time to illustrate it and then caption the illustrations, or set the account to music, the history might not feel so verbally long. But I do not have that kind of time.
Reply
#7
Thank you Patricia for the concise timeline and quality content. Welcome to Punaweb. Ignore the ignorant. The rest make it worthwhile.


I will be happy to share HPP/HPPOA information and discuss. Hopefully, it will not cause unnecessary angst for some who would rather not know it. - Hawaiian Paradise Patricia


thought surely the reference to HPP combined with demonstrably German etymology would rouse one of our more respected members...  
I wish you all the best.
Reply
#8
(6 hours ago)Punatang Wrote: Thank you Patricia for the concise timeline and quality content. Welcome to Punaweb. Ignore the ignorant. The rest make it worthwhile.


I will be happy to share HPP/HPPOA information and discuss. Hopefully, it will not cause unnecessary angst for some who would rather not know it. - Hawaiian Paradise Patricia




thought surely the reference to HPP combined with demonstrably German etymology would rouse one of our more respected members...  
---------
Aloha. Nice to meet you, and thank you for your kindness.
Reply


Forum Jump:


Users browsing this thread: 2 Guest(s)