MANDATORY FEES – BOARD MEMBERS – ROAD REPS

In 2025 the Hawaiian Acres Road Corporation (HARC) Board managed to raise enough direct donations to hire a lawyer to begin the process of transferring rights to collect road due to HARC (Hawaiian Acres Road Corporation) and with enough continued contributions hopefully finish this legal process properly once and for all.
Harc is already the operating entity registered with the DCCA to legally collect dues for road maintenance, and has been since 1999. However technically within county records the legal name in place in charge of Hawaiian Acres roads (Nishimura Mitsushi Trustee) and entity the original developers set in place, whom unfortunately has long been deceased. Transferring that title to HARC within the county records has been a huge challenge since the original developers never named any entity to the courts to be in charge of the roads. 26 years later, this legal process is finally looking possible as more people are realizing the need and donating generously to help make it happen.

Haw. Code R. § 19-170-182, states that the subdivider or property owners are responsible for maintaining these streets, including making improvements and ensuring adequate access for emergency and utility vehicles. Alternatively, If the maintenance is inadequate to permit access for “fire, police, health, and public utility vehicles,” then public services may be withheld until that is remedied. Letting our roads get to this severity could mean more than higher home insurance costs, but the difference between life and death for a medical situation. None of us are immune to injuries, and the extra time it already takes an ambulance to traverse our roads impacts safety already.
In a 2017 bill (HB 1275), the legislature proposed requiring special improvement districts for subdivisions with private roads and no maintenance mechanism in place, to levy assessments for road maintenance. These assessments would then be charged by the county to the property owners and would be far greater than the current $88/ year road dues. This would be the worse case scenario which would require the county to mandate improvements. Financially for lot owners it could mean no longer being able to afford the county imposed fees that would be assessed to every lot to pay for the necessary rehabilitation. Yes the county did take over Moho ( 8 Road) many years ago after a horrible accident occurred and the attention was brought to the condition of the road. Because Moho is used publicly for city transit and as an evacuation route, the county agreed to be responsible for the original paving and now maintenance costs. The lots residing on Moho are still considered as part of our subdivision and still required to pay dues.
More recently, in 2025, SB 321 was introduced to clarify that ownership (fee-simple) of the private road may shift to homeowners or to a homeowners’ association if the developer no longer exists. (our situation) That bill is set to take effect in 2027, But HARC must file with the 3rd circuit court to obtain a judgement with the support of lot owners to recognize HARC as the proper organization to be legally mandating fees.

This year HARC volunteers managed to raise peoples awareness of the situation we face, the need for mandatory dues and raise funds separately to retain a lawyer to begin the legal process.
There are several steps necessary to take through court and that will take time to ensure its done correctly and HARC becomes to listed entity within county records. In the meantime we will continue functioning as our subdivisions road corporation, so long as road dues continue to be paid.
Many people have already donated generously and we are counting on more contributions towards this legal fund so we can complete this process once and for all. Unfortunately we’ve been told it could take anywhere from $20-$30K to complete this process. Our goal is to keep 100% of road dues directly towards our roads maintenance costs. Because this is the situation were faced with in Hawaiian Acres, and having an HOA or county imposed fees is not what our community or HARC is interested in having, its more imperative now than ever to enforce road dues and so we can afford to keep them maintained.
With legal guidance and community support, HARC volunteers are working hard to establish a fair, transparent and enforceable system of maintaining our roads that ensures everyone is contributing their share all while keeping dues affordable. These volunteers are all just members of our community whom understand the situation regarding our roads and the need to act before things get worse.

when its complete is that we will legally be able to say the dues are mandatory rather than voluntary. Although HARC has been registered with the DCCA since 1998, as the legal entity recognized and responsible for collecting road dues as well as the authority in place to post liens for unpaid dues, there remains some confusion within the land court division along side with how HARCS bi-laws defines dues and the process for of handling unpaid dues.
Unfortunately that simple distinction has ultimately resulted in less than 10% of lot owners paying their dues regularly, and those numbers continue to drop as our members refuse to pay because our roads are only getting worse with time.
This has ultimately left HARC with little to no budget to actually maintain the roads properly and to the point our roads are at the point of requiring rehabilitation. As soon as the legalities are cleared with confidence and legal backing, Harc will be able to officially send the lot owners bills instead of newsletter reminders to pay dues.
By raising dues to similar rates of our neighboring communities, Harc will also be able to afford a 3rd party billing agency, and avoid any possible mis management of dues paid. If people still do not pay their dues, a lein will be placed on the property and the dues paid upon the sale of that property. HARC will not be able to force sales of anyones property and is also working toward creating an alternative way people can contribute their fair share if they cannot afford the dues.
We value all our community members understand the financial struggles as we are community members that live here too. We simply just need to collect enough dues to actually afford a billing agency so our board members can focus on the work ahead to rehabilitate our roads to ag lot standards. This means graveled, graded and well draining roadways that are safely accessible for emergency services, school bus routes and most importantly for all whom reside here.

With consistent road dues being paid in full, we will not only have much more pleasant daily drives but the peace of mind that Emergency services will be able to get to our loved ones in time and the county wont be enforcing their own assessed fees on lot owners in order to bring our roads up to accessible standards for said services.

The best way to keep our dues and taxes low, keep our roads privately owned and maintained, accessible to emergency services while not being an HOA, is to support HARC in all their efforts to be a properly functioning road corporation for our community. This is truely your land here, thus they are your roads. Malama da roads!

Failing to have a properly functioning Road association for our community is not an option. We are already getting refused emergency services and the response times are devastating.
If you understand why mandatory dues are essential to our roads survival, and your able to contribute to the legal fund, please send your donation (check or money order) to: HARC P.O. Box 1261, Kurtistown, HI  96760, with “Legal fund” in the memo.

If you’re interested in volunteering to help out in any way your inspired to, please email us directly  HawaiianAcresRoads@gmail.com and we are always grateful for the help saving our roadways from impending doom

Each board member is also a Hawaiian Acres Resident. To qualify to be on the board they must get voted in as well as be current in paying their road dues. Once elected through the yearly board member election process, the current board members will collectively decide the new members position based on their skill set and motivation. Each member may serve a 2 year term, and up to 3 consecutive terms. If they happen to serve for 6 consecutive years, they are required to take a 1 year break before becoming a board member again.

I was born and raised here in Hawaiian Acres and have spent most of my adult life here as well. With so much time spent here and no real plans to leave anytime soon, I feel that contributing a little of my time and energy to our roads will greatly improve our lives and transportation needs in the acres. As my first full term on the HARC board is nearing its end I realize that I’m really just now getting to understand how the board works and operates, I would like to continue serving this neighborhood by continuing to make improvements to our roads and the corporation that supports them. I ask for everyone to please consider re-electing me to be on the HARC board for 2020.

I have lived in the Acres off of F road since 1997. I’ve been on & off of the HARC Board a number of times and experienced both good & difficult times. We currently have a really good working Board; the members interests are improving the roads within the subdivision. I own the little blue farm tractor, BloosieLou, and volunteer the time scraping out potholes when can. I’ve learned that proper drainage is essential to any repairs lasting any length of time. And, having an adequate amount of gravel. I was told years ago that a minimum of 6 loads per block would be needed to get above water level during heavy rains to keep roads drivable. As it is now, we’re lucky to have funds for 1-2 loads per block at best. I’ve found that unless we put rock down after scraping out potholes, they simply return in very short order. It gets discouraging when for the price of a single tire or brake job; we could have driveable gravel roads, and so few
contribute. As I’ve gotten older, emergency response times are a constant issue too. If reelected I will continue to volunteer to improve the roads through Board participation and with the tractor. Thank you Devra Dynes

My name is Marie Baird.  I have lived all over Hawaiian Acres since 1990.  I knew when I first came that I was “home” and in 1996 I was finally able to purchase my own property on 5 Road near G. I have been living my life here happily since.   I started out by getting to know our children by becoming a school crossing guard in Keaau Elementary School.  It was wonderful.  I loved working with and adored talking to all our keiki on the corner.  I was also selling real estate at the time and helped to build our Puna neighborhoods.  

In 1999, I decided to say goodbye to all the children and go back to school and become the RN I had always wanted to be.  After graduating I worked at Hilo Medical Center in the medical unit.  I loved working with patients but eventually age took over and I retired in December of 2019. Being retired, I had some free time and was able to donate some of my time by volunteering.  After attending a HARC meeting, I saw how devoted Geneva the current president was and decided to help out how ever I could that didn’t take manual labor.  I am older with a bad back.  

I added my name to the ballot for the 2020 election and became secretary pro-temp I also now volunteer to help moderate the Facebook page and have been part of the HARC board for a couple of years. Currently Secretary. 

I have lived in the mountain view area since 1979 and in the acres since 2008.  I previously served on the board of HARC as secretary and One road rep.  I was also on the county Connectivity committee until its completion. 

Our roads are in desperate need of funding and believe everyone should be helping to make that happen. although our board and road reps are all volunteers I strongly believe funding should be mandatory…

the island has seen phenomenal growth and our roads cant withstand the wear and tear with its current maintenance.

Job History: Of Gary Davis
General Contractor in Oregon 1977-1980
Real Estate Broker/Loan provider/ Owner and Manager Ca 1980-2005
Real estate investor Single family, apartments, Mobile Home Parks 1980-2016
I’ve had many different type of employment over years the from manager to ownerships.
I’ve retired starting from 2016 to present.
I’m a Trustee for the local Elks in Hilo and a member for the past 4 years.
Mission statement
Collect funds for our road lower D and grading it has made our road one of the best in the Hawaiian Acres for the past 5 years. I hope I can help the corporation rebuild our road to safe and passable at all times. More lots are being sold this means more traffic for everyone. We must working Mandatory dues as only small proration of the owners contribute 8-12 percent this is not enough to keep rock on the letter even. I hope this gives you some insight

Aloha, my name is Alex Hebeisen and I bought property in April 2020, and I’m happy to be working with the land, and the community.

Since I’ve moved to the acres, I have been volunteering with the roads whenever I can. I have worked labor intensive jobs in the construction industry since 2005, and I’m not afraid of hard work. I have thick skin, I’m a good listener, and I love where I live. I knew what the roads looked like before I moved here, and I embraced it, but I also have volunteered to fill potholes and assist with Fallen trees when needed.

I hope to become a more active member of our community, and to continue to help whenever needed.
Mahalo, Alex H

Aloha fellow resident’s of Hawaiian Acres.
My name is Brad Simone.
I’ve lived in the Acres since the late 90’s. I have been on the Harc board a couple of times. I try to do my best with the little funds we have to work our roads.
My wife and I and a few good neighbors rake and shovel gravel into the potholes. As we only have a small amount of material to work with.
I try to benefit as many people as possible by putting gravel where the most traffic is on our road .
If we had more contribution’s more of the road could get materials.
Please help anyway you can.
I would like to continue on as a board member so I humbly ask for your vote. Mahalo, Brad Simone

I’m Shannon Matson and I was born in Honoka’a and grew up in Kona. I have been living in Hawaiian Acres since 2018, after purchasing our place on B and 7 a.k.a. Kea Rd. and  ‘Ōpe’ape’a Rd.

I am very familiar with the conditions of our roads having driven extensively throughout the Acres in 2020 doing food deliveries to neighbors in need during the pandemic shutdowns. I also help manage/keep track of donations for our little slice of 7 Rd. Through the collaboration of our neighbors we keep this part of our roads drivable and relatively pothole free. I have served on many County and nonprofit boards and commissions, most recently the Cost of Government Commission  and am currently helping on HACA’s Kitchen Committee to rebuild the community center and use grant funding to build a certified kitchen that will create new entrepreneurial opportunities in our neighborhood. I organized a weekly food distribution with my husband and children during the pandemic and managed it monthly for over a year and look forward to continuing to build relationships that will help address food insecurity and increase resiliency.

I believe that many of our residents would greatly benefit from better/safer driving conditions in Hawaiian Acres and want to continue to do my part to improve our roads. I have been honest with prior HARC members that I have very limited time to contribute to this position and am hopeful that more members of our community will step up into leadership so all of the burden of road management and maintenance doesn’t fall on a few dedicated folks. I believe we all must do what we can, when we can, and now is a time I am willing to try to serve our community in this role.

Mahalo for considering me for this position. 

Aloha neighbors, having lived my entire life on private rural roads subject to flooding, landslides and neglect, I understand what it takes to maintain them from years of hands on labor.
Ive been a resident of B road here in the Acres over 15 years. If you live on B road, then you likely have seen me patching asphalt, laying gravel or opening up drainage to prevent more potholes.
Im so happy and grateful for the road board we have developed now and especially for Geneva Jackson and her efforts to unite everyone who cares in a way that is most productive. When she saw me putting in a lot more than my yearly dues, she helped connect me with other neighbors to work together whether it was hands on shoveling or machine work, she also encouraged me to become a part of the board as well as a road representative. So here I am, still shoveling gravel, operating machines, hauling asphalt and digging drainage, but doing it all as part of the team, and it feels good to know my efforts are even more effective by working together with HARC.

I have been volunteering road work on F Rd and 2 Rd for several years and believe that until HARC develops a viable income, young energetic volunteers are necessary. I propose to encourage more energetic people to join our efforts. I have attended nearly every HARC business meeting the past few years, and already have familiarity with HARC policies and procedures. HARC is facing several crisis now, and I believe I can be an asset to the board in finding solutions.