HomeMy WebLinkAboutCOM 0203.017 2024-2026Support of Bill 38
Patti Pinto
808-430-1777
pintonian@gmail.com
COUNTY CLERK
COUNTY OF HAWA1E
2025 bUG - 4 PN 12: 26
P
Oil �8
COMM. 205
I am here to speak in support of Bill 38. 1 am not representing any organization, but I am
a board member of my Community Association, I am the coordinator of the Puna Roads
Connectivity initiative, I have served and continue to participate on the Puna Community
Development Plan and am also a staff member of the Disaster Recovery Division, part
of the Planning Department.
When I first read the language of this proposed bill I thought, "Boy, this is a long -shot",
but the more I think about it the more sense it makes.
For the past 50-60 years Community Associations have held 100% of the responsibility
for the maintenance of their subdivision roadways. Some have managed well, some, not
so much. Regardless, the responsibility of providing safe, drivable roads is actually
more than can reasonably be expected of these volunteer organizations.
Road Maintenance Fees run between $75 to about $400.00, per lot, per year. Not all
subdivisions have the legal right to assess mandatory road maintenance assessments.
Those that do have mandatory assessments do not collect all of their assessed fees.
Collections range from about 50% to 85%.
Community Associations are not Homeowners Associations. Community Associations
have a more limited ability to legally collect past due assessments. Small claims court
and property liens. There are also greater restrictions on the assessments for penalties
and late fees. While HOAs can legally foreclose on a property for unpaid dues,
community associations must maintain liens, sometimes for years, and only receive a
payout when the property changes hands through the escrow process of a title
company when the property is sold.
What this bill would do is offer homeowners a huge incentive to pay road assessments.
Greater participation in this process would significantly increase the amount of funds
available to each Community Association for road maintenance. The long-term result
would be increased public safety, better roads, increased access for first responders,
school buses, and public transit.
Additionally, the requirements of this bill will make it necessary for community
associations to improve their own organizations. The reporting burden and financial
accountability required by participation in this legislation will make it imperative that
Community Association boards and Road Corporations keep to the task of their
mandated purpose and represent the best interests of their subdivisions.
The issue of these substandard subdivision roads has been a major public safety
problem for decades. The County's policy of "Private Roads, not our kuleana" was
reasonable when there weren't so many people living in Puna. Now the population of
Puna is greater than the population of Hilo and growing rapidly. The need for safe
access is now an emergency. This approach is a viable way for the County to help �I
Comm. F lo. 103• IT
Ref. To:
Ref. mate JIU�Q E-5 025,
support the improvement of subdivision roads without taking any ownership or liability
for the roads themselves. It assists properly incorporated Community Associations in
being able to fund their own road improvements and to better serve the public safety of
their communities.
This is an exceptional opportunity for the County to join the work of providing for the
public safety, emergency access, evacuation routes, and social well-being of the
residents of our substandard subdivisions. We know the need is here and increasing
daily. This is a good and viable option.