DPP

The extension to the DPP was approved by the required number of lakeside owners and it recorded on December 23, 2016.

Read the Supplemental Declaration No. 2 here.

 
Visit our DPP Library page for all the related/previous DPPs.

Below is information provided to membership in 2016.
 
 


Update:  Opportunity to Extend our lake’s Declaration of Protective Provisions (DPP)

By Greg Colbert, ELRA President

This article is an update of an earlier article entitled ‘The extension of our lake Declaration of Protective Provisions (DPP):  What is it and why should we care?“

We now have actual copies of the negotiated DPP extension and are ready to start collecting signatures on the consent documents.  All owners of the 137 lots that are included in the DPP extension (which would not apply to Kukilakila) are invited to sign a consent.  (Click for a map of the applicable 137 lots).  Please read the prior article for perspective on why we should sign consents for the DPP.  I am signing mine this week.

We will hold an additional informational meeting at the Enchanted Lake Elementary School on Wednesday August 17 at 7 PM to share more information and to collect signatures from those who are ready to sign.  If you understand the rationale and are ready to sign, your time at the school should be short as we will have a table dedicated to gathering signatures.  You are welcome to stay for any discussion or Q&A, but we will not keep you if you want to just come in and sign.  The attorney for ELRA that worked with Kamehameha Schools on the extension will be available at the meeting on the 17th to answer questions.

Please note that the Supplemental Declaration No. 2 that provides for the extension is structured so that the 14 numbered paragraphs of the initially presented II. Recitals section of the document simply reiterate information from other documents or highlighted information from the original DPP.  The actual provisions of the extension are set out in the next section III. Confirmations, Amendments and Supplements.  For instance, item #3 in the Recitals section references an indemnity for Bishop Estate that is contained in the original 1962 DPP.  Item #7 of Section III removes that indemnity for the extension.  That was one of the items that we negotiated.

Please review the entire document with special attention to the items of Section III as these are key items that are changing or being reconfirmed.  The original 1962 DPP and its 1987 Supplement are available in these referenced links.

We believe that extending the Protective Provisions for another 50 years will help insure that our property values remain high and that the lake will have foundation for better assuring its sustainability.  Please consider joining us in this confirmation.

The consent document referenced will not require a notary but does require a witness.  Husbands and wives as co-owners can also serve as co-witnesses so the amount of administration is not overly burdensome.  While it may not be fully required that all of the property owners for a given property would need to sign if there are logistical difficulties in getting signatures for older adults, etc, we are making an attempt to get all owners to sign.  Thus, it would be important for all owners to attend the meeting although people may alternatively take documents home to review and sign later.

 


The 2016 documents are available for your review below:

Supplemental Declaration No. 2 (2016 extension)  | Consent document

These are both final documents.


The original 1962 DPP and the key 1987 Supplement are available for your review below:

The Original 1962 DPP | The 1987 Supplement

The key assessment language in the 1987 supplement is contained on Liber 21156 – Page 262 of the recorded document.


Lots eligible for DPP extension vote

Click on the image above for a larger version.

Click on the image above for a larger version.