HO’OPILI COMMUNITY ASSOCIATION
The forgoing information is provided for general information purposes only. Please always refer to the relevant Community Documents for complete details regarding the information provided here.
Why is Ho’opili Community Association (“HCA”) important?
A homeowners association, like HCA, protects the best interests of the safety of residents, property values and trajectory of the community, and preserves and maintains the character of the community.
What is HCA?
- HCA is an association of people, consisting of (i) all of Owners in Ho’opili, and (ii) D.R. Horton Hawaii LLC, the developer of Ho’opili, sometimes referred to as “Declarant.”
- All Owners of property in Ho’opili are Class “A” Members of HCA, and Declarant is the sole Class “B” Member of HCA. For simplicity, Class “A” Members will be referred to herein as “Members,” and the Class “B” Member will simply be referred to as “Declarant.”
Declarant, D.R. Horton Hawaii LLC, includes the following people on its team who also serve on the HCA Board:
Tracy Tonaki, City Manager
Grant Nakagawa, Chief Financial Officer
Christopher Ryan Gross, Vice President of Sales and Marketing
Eric Bass, Construction/Customer Care Manager
Al Doi, Customer Care/Community Association Manager
- HCA is responsible for a large area – over 1600 acres and is expected to have over 11,000 Members. In order to facilitate the administration of the HCA, Members are organized by the Ho’opili Community in which they own a home, referred to as a “Subdistrict.” Portions of the responsibility of operating Ho’opili are delegated to individual Subdistricts.
- HCA is the umbrella governing body for all of Ho’opili and its Subdistricts. It is responsible for the protection, improvement, maintenance, repair, replacement, administration and operation of Ho’opili, the assessment of expenses, payment of losses, disposition of casualty insurance proceeds, and other matters.
- HCA is organized and created by certain documents, commonly referred to as the Master Declaration, Master Bylaws, Master Association Rules, and various Design Guidelines, among other documents (“Master Community Documents“).
- The Master Community Documents establish the administration and procedure for the governance of the community and the interrelationship between its components, and provides for the maintenance, preservation, use, regulation and enjoyment of the Property and among the Subdistricts
HCA is operated by:
- A Board of Directors and its Officers. The current directors and officers of HCA are:
Tracy Tonaki, President
Grant Nakagawa, Presiding Officer and Vice President
Christopher Ryan Gross, Vice President
Al Doi, Secretary/Treasurer
Eric Bass, Assistant Secretary
- Managing Agent: Hawaiiana Management
Marc Udoff, Director of New Development
Trudy Benigno, Development Administration Training Manager
- HCA Employees
Thomas Chernin, General Manager
Manuel “Manny” Shelley, Ass’t Operations Manager
Three additional employees (Jennifer Cabastas, Greg Houtz and Starsky Arizo) (and growing!).
- HCA controls two important committees with special authority: the Design Review Committee, and the Commercial Use Committee.
- The Design Advisory Board administers the Ho’opili Urban Design Plan, which covers all of Ho’opili and some adjacent areas.
- “Declarant Control Period“: Under the Master Declaration, HCA is initially under the control of Declarant during the “Declarant Control Period“. The Declarant Control Period allows Declarant to develop Ho’opili as an integrated and planned development, and will continue while Declarant is developing Ho’opili. Declarant Control will likely be released in stages, at a time determined by Declarant.
What does each role do?
Declarant (DR Horton Hawaii LLC)
- The Master Declaration allows Declarant to impose covenants, conditions, restrictions and easements under a general plan of development in order to provide a flexible and reasonable procedure for the incremental and overall development of Ho’opili.
- During the Declarant Control Period, Declarant controls HCA, and has the right to: (i) adopt, amend, modify and/or supplement the Articles of Incorporation, Master Declaration, Master Bylaws, Master Association Rules, Commercial Use Guidelines, Signage Guidelines, Design Guidelines, rules having the force of the Master Association Rules relating to uses permitted in Commercial Use Areas, Industrial Use Areas, Recreation Use Area and/or any other Use Area; (ii) appoint all (or a majority if so provided in the Master Bylaws) of the members of the Master Board; and (iii) appoint all members of the Design Review Committee.
- During the Declarant Control Period: Before the expiration of the Declarant Control Period, Declarant appoints all or most Directors.
- After the expiration of the Declarant Control Period: After the expiration of the Declarant Control Period, the primary role of the Members is to elect a “Community Representative” for their Subdistrict. The Community Representative represents the Subdistrict at a meeting of HCA.
- Elect the Board: At the meeting of HCA (once commenced), the Community Representatives elect a Board of Directors. From time to time there may be other issues on which the Community Representatives must vote, in addition to electing the Board of Directors — but those are intended to be rare.
Board of Directors and Officers
- The Board of Directors is the executive body with the authority to control and manages the affairs of HCA.
Managing Agent (Hawaiiana)
- General Operations: Generally, the Managing Agent manages and operates HCA and Common Areas, under direction of the Master Board, and performs each and all of the services contemplated under the Master Declaration, the Master Bylaws and the Management Agreement that are required or convenient for the operation of the Community in a manner consistent with the operation of similar newly developed properties with equivalent facilities. Except to the extent to the contrary provided in the Master Declaration, the authority and duties conferred upon the Managing Agent are confined to the common elements (including limited common elements) of HCA.
- Start Up and Formation: ln addition to the duties and powers of the Managing Agent required to conduct the general operations of HCA, including the Common Areas, the Managing Agent is also responsible for the formulation of the initial budget estimate for the operation of HCA and breakdown of maintenance costs.
- Fiscal Management: To the extent not otherwise provided in the Master Declaration, scope of responsibility includes the following: (i) collections (bill, receive and account for the common expenses, special assessments and any other fees established by the Master Board as due from Owners); (ii) disbursements (property taxes and other bills, advances, discretionary expenditures, employee salaries, taxes); (iii) books, records and financial reports (records of HCA, financial statements, budget prep, annual audit and tax return); and (iv) maintaining the appropriate fidelity bond.
- Physical Management: At the discretion of the Master Board, scope of responsibility including supervision, management and operation of Common Areas; obtaining supplies and equipment, maintaining services and utilities for Common Areas; managing contracts for utility, maintenance or repair services; managing personnel, maintaining adequate insurance; and responding to occupant complaints.
- Association Administration: Administering Master Association and Master Board Meetings(once commenced), maintaining the records of the affairs of the Master Association and Master Board, registering new owners; maintaining correspondence with all others, and maintaining the community website.
- Design Review and Consultant Services: Performing Design Review for the Design Review Committee and Master Association; providing covenant enforcement; and other consulting services
Perform day to day onsite operation and management of the Common Areas, including the pool, Common Area & Landscape Maintenance, Events, the Community Center, and Parks.
Commercial Use Committee (“CUC”)
- The CUC is intended to have jurisdiction over all commercial uses within Commercial Units located in any Subdistrict in the Community containing mixed residential and commercial use where specified in such Subdistrict’s Subdistrict Declaration.
- In residential Subdistricts that permit some commercial use, those commercial uses must be approved by the CUC.
- The CUC may be invested with jurisdiction over Commercial Units in commercial or industrial use Subdistricts and granted the power to enforce commercial use restriction provisions of any Subdistrict Declarations that relate to Commercial Units. Where the CUC and DRC have consistent membership, the DRC, acting in the capacity of the CUC, shall also be responsible for the administration and enforcement of the Commercial Use Guidelines. Additionally, the Master Board may delegate administration and enforcement of the Commercial Use Guidelines within a particular Subdistrict to that Subdistrict, which Subdistrict may elect to have the guidelines administered and enforced by the Subdistrict board of directors or a committee of such board’s choice.
Design Review Committee (“DRC”)
- DRC has overall responsibility for preserving and maintaining architectural and landscaping standards with respect to improvements to Lots within the Community covered by the Master Declaration as well as alterations and additions to existing dwellings.
- The primary objective of the DRC is to ensure harmonious aesthetic relationships between individual buildings and their sites and to ensure compatibility of each Lot and its improvements with the architectural and landscaping standards which prevail within the Community as a whole.
- The decisions of the DRC involve areas where individual impressions, personal preferences and subjective opinions may lead individual Owners to disagree with some of the standards incorporated in the Design Guidelines. Nevertheless, the DRC is charged with the responsibility of using its collective knowledge and experience to establish and maintain architectural standards that will balance the needs of the Community and those of individual Owners and residents.
- The DRC is also aware that plans and specifications do not always convey the true appearance of a particular design. The DRC will seek to be equitable, objective and consistent in the procedures it uses for evaluating construction and landscaping proposals to see that they conform to all requirements of the Master Declaration, the standards in the Design Guidelines, and any relevant design requirements. The DRC will also seek to ensure that the design and landscaping standards outlined in the Design Guidelines are interpreted and enforced in a uniform and consistent manner by the DRC for the ultimate benefit of all Owners and residents and the Community as a whole.
Urban Design Plan and Design Advisory Board
- The Ho’opili Urban Design Plan (“UDP”) sets forth concepts, standards and guidelines intended to shape Ho’opili into a unique urban environment that realizes a coming together of vision, planning and lifestyles to enhance East Kapolei. The UDP is used by D.R. Horton, landowners, developers, the City & County of Honolulu (“City”), and the Ho’opili Design Advisory Board (“DAB”) in the development and review of projects within the Ho’opili community.
- The UDP supplements existing regulatory controls, including the applicable zoning and subdivision requirements adopted by the City. Should any conflict arise between the City regulations and the UDP, the more restrictive provisions shall prevail. Individual developments and projects are subject to the review and approval by the DAB. The City’s Department of Planning and Permitting (“DPP”) will also review plans to assure compliance with the UDP. Project approval is required prior to building permit application and commencement of construction.
Where does HCA have jurisdiction to regulate?
Generally speaking, HCA has jurisdiction over all of Ho’opili.
In January 2017, Declarant recorded a “Master Declaration of Covenants, Conditions, Restrictions, and Easements for Ho’opili,” sometimes referred to as the “Master Declaration.” The Master Declaration now “encumbers” approximately 1600 acres in East Kapolei. All of the property that is “encumbered” by the Master Declaration is subject to regulation by HCA.
- From time to time, property may be added to or removed from the Master Declaration, and therefore may be added to or removed from the control and regulation by HCA.
- In addition, the individual communities within Ho’opili are designated as Subdistricts.
- Subdistricts may have their own association and set of governing documents. Those subdistricts may own and/or control certain property, and their governing documents may create their own Subdistrict association. Members of Subdistrict associations are members of two associations: HCA and the Subdistrict association.
- Subdistricts might not have their own association and separate governing documents. Those Subdistricts are controlled directly by HCA.
When can HCA require a Member to act?
- The provisions of the Master Declaration are an agreement between the Members of HCA. HCA, acting through its Board and the Managing Agent, can enforce the provisions of the Master Declaration when Owners do not act in accordance with their agreement.
- For instance, the Master Declaration requires Members to pay a monthly assessment fee. The Master Declaration also prohibits certain activities within Ho’opili (such as timeshare uses, and use of homes for objectionable uses).
- If a Member is not acting in compliance with the Master Declaration (including, in some cases, allowing a renter or an occupant of a home to act in a manner that is not in compliance with the Master Declaration), HCA may issue a notice of violation, assess a fine, and/or limit access to certain amenities. In extreme cases, HCA may also sue the Member in court for an order requiring the Member to comply with the Master Declaration.
Last Updated October 11, 2022