Regular Meeting of the Board of Directors
Thursday July 8, 2021 - 6:30 PM
To be held in the Pavilion
Effective May 25th, Gov. Ige issued a new protocol that Masks are not required outdoors. Please follow social distancing protocols
The agenda will be posted the evening of July 7, 2021
The County of Hawai‘i’s Disaster Recovery Division and the County Council District 4 office hosted the first quarterly “Revitalize Puna” event on Wednesday, June 9 at the Leilani Estates Pavilion and Community Center, 13-3441 Moku St.
This undertaking by the County is an attempt to unite the various organizations within Puna to work out solutions to the rebuilding of Puna heading into the future. It’s designed to not only talk about things, but to also take action and do things correctly.
Here is a video that the county just released.
It’s our understanding that zoning ordinances were last changed in 2011, and since our CC&R’s were already in existence since 1969, they were grandfathered in as allowable restrictions running with the land in Leilani Estates. That means that the CC&R’s are still enforceable as they are written. Everyone moving into Leilani Estates should be aware of these CC&R’s since they are part of the required disclosures set forth in order to purchase property here. So, while there may be many who desire farm animals, the ability to have them cannot happen without a change to the CC&R’s. We suggest that if you believe that 75% or more of the people who own property in Leilani are for such a thing, then start working to change the CC&R’s.
New signs are installed with small changes to the logo. Thanks to Jim Penny for finding 3 local vendors to submit quotes.
As far as the roads are concerned, we are currently limited on what we can do because of what was set in motion already regarding the grant. Nevertheless, there are significant obstacles to overcome.
First, our timeline is based on the previous board’s schedule set forth and the county’s upcoming work on Pohoiki road.
Second, the SBA loan for which we all thought was open, was fully cancelled by the SBA on February 12, 2020, more than a year ago. We are currently working on trying to get this loan reinstated.
Third, the fact that we don’t own the ground that the roads are on is a hurdle we also have to overcome since we have to show ownership of the roads in order to get permits.
Fourth, permits are needed and they can take a substantial amount of time to get approved.
Fifth, before anything can be done on the Kahukai portion, the county has to complete its work on Pohoiki road and the short section of Leilani Avenue that will be attached to it. Once that’s done, then an engineering firm can evaluate and recommend what needs to be done to get the road put in to the Kipuka.
Currently, the Request For Quote (RFQ) is being worked on by the engineering firm, Okahara & Associates. They should be finalizing the RFQ by next week and then turning it over to us for review. Once this review is done, it can be sent out for bid. We are hoping that initial work on the roads can begin in June.
Recently, we had the Maintenance Manager work on the Kupono section to try and smooth that out with the tractor.
The operating budget was reviewed and approved on the May 13, 2021 Board of Directors meeting.
Minutes of the Meetings
Minutes of the meetings, as directed by Robert’s Rules of Order and by a professional parliamentarian, are to primarily record the actions taken during the meeting. This is the direction we are following. Therefore, if you would like a more detailed account of what is happening, we encourage everyone to attend the meetings that are now occurring in the pavilion or watch the videos.
The videos are/will be posted to YouTube. We have created a new LCA YouTube account since we have been unable to get access to the YouTube account the previous board set up. Subscribe to the “Leilani Community Association” channel.
We received the tabulated bid information for the road recovery project this morning (6-7-2021) from Okahara & Associates. Originally, we had asked four construction companies to bid on the project. In the end, only two did so. The bids we received were significantly higher than was originally estimated. One bid was more than 20% higher and the other bid was more than 60% higher than original estimates. Not only that, but the bids do not include work that would still need to be done on the lower end of Kahukai Street.
In the upcoming days the board will be reviewing the information in the bids and prioritizing the work that should be done. We will do our best to keep you informed.
Even though the SBA loan was officially cancelled over a year ago, it looks like we’ll be able to get it reinstated. The SBA has reassigned a loan officer to the LCA, but they are backlogged significantly, and we are awaiting on word from them.
We don’t own the TMK for the roads and this is an obstacle we’re trying to overcome in obtaining the permits required to begin work. Originally, it was decided to not pursue permits for this project. However, due to the scope of the work and the amount of material and acreage of land to be worked, permits are required. Permits normally take a substantial amount of time to acquire as well. In any event, we are doing everything we can to clear this hurdle.
UPDATE: Early this evening (6-7-2021) we received word from a County official that we will be able to obtain permits without having to have ownership of the roads.
Due to recent changes in Hawaii State and County COVID-19 proclamations, the rules for the LCA Community Center facilities have changed.
Recently, Governor Ige announced that masks are no longer mandated outside.
The latest proclamation of the Mayor extends COVID-19 protocols until July 28, 2021
The CC&Rs are enforceable as written
It has taken a while but we finally have a more definitive answer regarding our CC&Rs and agriculturally zoned land. In short, the CC&Rs are enforceable as they are written.
As you read the laws pertaining to land use, you will see that the state gives zoning authority to the counties. The state, obviously has the overriding authority to zone Hawaiian lands, but it delegates most of that to the counties. Thus the enforcement of how land is used is done primarily at the county level. In speaking with a county official the meaning of HRS 205-4.6 is that any community's CC&Rs which were in existence before July 8, 2003 are grandfathered in and are enforceable as written. Those communities who's CC&Rs came into existence after July 8, 2003 are not exempt.
The original question that brought up this argument dealt with Leilani residents having farm animals/livestock on their properties.
Thus, as written the CC&Rs state:
"ANIMALS. Only dogs, cats or other household pets may be kept on any of said lots, provided that they are not kept, bred, or maintained for any commercial purpose and are otherwise kept in accordance with zoning ordinances, rules, and regulations otherwise applicable to urban land use."
“Subject further, however, to the proviso that no commercial purpose involving the keeping or raising of cattle, hogs, or other livestock will be maintained on the above described premises. . ."
Leilani Community Association assessments for 2021 can be paid by Credit Card by calling the LCA office at 808.965.9555. Please do not send CC information to the LCA by email. Refer to your statement for payment options. Send questions only to firstname.lastname@example.org The LCA BoD reduced the assessment to $200.00 at the March monthly meeting (see meeting minutes).