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2005-03-04 Planning Commission Minutes
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2005-03-04 Planning Commission Minutes
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SAVIO:Alili Tunnel, okay, so theyre going to abandon that source; and were <br />hoping that we can apply and get some of the water from there. Cause that is above our <br />property and to the, Alili, to the right of the property. And then condominium association, cause <br />we are giving them a reserve account over and above all the costs of $1,000,000. Wed have <br />funds, to either apply for a grant or government assistance but, to run a pipe across on top. I <br />mean weve looked at it, weve discussed it, and the community-based, we said, hey, water is <br />nice and wed like to have it, but if we put it in we cant afford it. So wed rather be able to <br />afford it, wed rather be able to plant our crops, wed rather be able to farm it; and well work <br />around these problems. I agree with you, itd be nice to have. But the decision is if we give it to <br />them, then they cant buy, whats the sense of doing the project. Were not doing it for outside <br />buyers. The project is being done for the people of Kau. <br />ALAMEDA:Okay, any further questions, Commissioners? <br />SIRACUSA:Yes,yeah. <br />ALAMEDA:Siracusa? <br />SIRACUSA:Therehasbeenreferencetothecondominiumownersassociation.Iknow <br />that in Puna we have quite a few homeowners associations in the various subdivisions that are <br />rather dysfunctional. Not everybody wants to join and be a member of but they object when <br />decisions are made by that body that affect them. Im wondering can people be forced to join an <br />association -? <br />SAVIO:In a condo -. <br />SIRACUSA:And, I mean -. <br />SAVIO:The reason were using the condominium rather than a community <br />association is a condominium is recognized in State law. A condominium is a structure that is <br />created under State law. It requires them to be a member of the association, it gives the <br />association the right to foreclose on them if they do not pay their fees. It gives the Board of <br />Directors a lot of say of how it is managed. There are requirements that reserved accounts be <br />maintained, there are requirements that the assets of the corporation, the roads, the bridges, <br />waterlines, whatever is there, be reviewed, etc. The condominium is the solution to all of the <br />problems you have in Puna and everywhere else. It amazes me that it is not a requirement for <br />agricultural condominiums, or subdivisions, or even residential subdivisions that they have this <br />type of a structure laid on top. We are going through the cost of laying the condominium on top <br />of the subdivision. Its not required, its not needed. But what it does is it takes the loose nip <br />organization of homeowners and gives them a common voice; and by law they now are forced to <br />work together, they have to be a member, they cannot withdraw. They have the right to elect <br />their own city council or board of directors, they have to maintain all their improvements. There <br />are State laws and regulations that are very clear as to what those requirements are. It is the <br />perfect solution to this type of a development. The condominium is a key part of assuring that <br />this group as it goes forward will do what needs to be done, will operate, they have to keep <br />records, they have to be audited. Theres all sorts of requirements in the law. <br />ALAMEDA:Other questions? Thank you. You may be seated. Thank you. We have <br />16 <br /> <br />
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