Since the time the building was built the Association was under the assumption that the easement area on the Ewa side of the building was not the property of Holiday Parkway. We have recently discovered that this assumption was incorrect. The easement area is part of the Holiday Parkway Common Area.
The Board, on advice of both its legal, and insurance, counsel, has decided to clean up the area. The use of the area for resident gardening, and other use, is prohibited by our Governing Documents, and thus will no longer be allowed. The Board will evaluate options to enable future use, but this will require a modification of the Governing Documents and a vote by all the owners, and thus this will take time.
The Board is taking the following action immediately:
1. All personal items MUST be removed by Monday June 18, 2012, otherwise they will be disposed of.
2. A contractor will come in to remove all of the items and rubbish in the easement area after June 18, 2012.
3. The Board will landscape the area once the debris is cleared and the sink hole is repaired.
The Board apologizes for any inconvenience this will cause the current users of the area. The Board must take these actions not only to be compliant with our Governing Documents, but also to be fair to all of the other residents that do not have use of the area.
If you have any questions regarding this matter please contact Michael Otsuji at 497-5001 or email firstname.lastname@example.org.