Hawai’i Revised Statutes
Volcano Cymbidium Acres Road Maintenance Corporation (VCARMC) is a 501(c)(4) not-for-profit Association regulated by the State of Hawai’i under sections 414-D and 421-J of the Hawai’i Revised Statutes.
§414-D regulates not-for-profit entities. There are sections for ‘General Provisions,’ ‘Organization,’ ‘Purposes and Powers,’ ‘Names,’ ‘Office and Registered Agent,’ ‘Members and Memberships,’ ‘Members Meetings and Voting,’ ‘Directors and Officers,’ ‘Amendments of Articles and Bylaws,’ ‘Mergers,’ ‘Sale of Assets,’ Distributions,’ ‘ Dissolution,’ and ‘Records and Reports.’ You can access HRS §414-D here.
§421-J was created for Planned Communities, Homeowner Associations, and Owner Associations. VCARMC fits the definition of Homeowner Associations because the private roads are owned in fractional shares by all subdivision owners, the roads are for the common good of the community, the Association is required to maintain the private roads, and Assessments are collected for the costs of road maintenance. You can access HRS §421-J here.
Articles of Incorporation
The Articles of Incorporation for the Volcano Cymbidium Acres Road Maintenance Corporation (VCARMC) are available here, as a pdf document. Free pdf viewers are available for all software platforms.
Association Bylaws
The Bylaws for the Volcano Cymbidium Acres Road Maintenance Corporation (VCARMC) are available for viewing here, as a pdf document. Free pdf viewers are available for all software platforms.
The current bylaws have been reviewed to ensure they comply with HRS §414-D and §421-J, to the best of our information, knowledge, and belief. Revisions are now incorporated into the Bylaws based on membership approval of the proposed changes in the ballots of December 31, 2024. Changes in the Bylaws sections are noted by footnotes.
In the future, any, and all, proposed changes to the bylaws will be presented to the association members for review and voting. Approval requires at least a two-thirds ‘yea’ of those voting to pass.
Resolutions
From time-to-time, the Association Board may debate and vote on Resolutions that are necessary to comply with changing rules and regulations. These actions may, or may not, involve future action by the general membership.
At the July 11, 2024 Board Meeting, RESOLUTION 2024-01 was presented, debated, and approved by the Board. This resolution concerned the Board acting in accordance with HRS §414-D and §421-J to the best of their information, knowledge, and belief, while certain of the Bylaws are revised to comply with those laws. The approved resolution can be reviewed here.
Roadside Maintenance Exemptions
For members who want to maintain private plantings within the VCARMC rights-of-way, please submit the form linked here. Members choosing this option shall maintain and be responsible for the cutting of grass, weeds, ginger, and invasive plants growing in, and overgrowing the rights-of-way adjacent to their property.
For members who do not want any herbicide to be used within the VCARMC rights-of-way adjacent to their property, please submit the form linked here. Members choosing this option shall maintain and be responsible for the removal of grass, weeds, and invasive plants growing in, and overgrowing the roadway adjacent to their property. “No Spraying” signs must be posted.
The forms may be submitted to the Board via email Board@vca-rmc.org or by postal mail at VCARMC, PO Box 574, Volcano, HI 96785.
Choosing either one or both of these roadside maintenance exemptions does not relieve any member of paying the required annual assessment.
Kaleiwahea Subdivision
This subdivision is located along the northern boundary of Cymbidium Acres, and includes lots 13-B-4 to 13-B-9 inclusive. A ‘Notice to Owners of Property Interests’ for a water system variance for the proposed subdivision was mailed on February 22, 2011, and can be viewed here. Note that the site map was not included with the Notice of Variance. The County Planning Department issued a Tentative Approval for subdivision on May 3, 2011. You may view this correspondence here.
There were several correspondences between Board Members, as well as with the County of Hawaii Planning Department prior to the Tentative Approval. The email on March 3, 2011 is here. The email on March 4, 2011 is here. The letter to the County of Hawaii Planning Department on March 7, 2011 is here. The email on March 20, 2011 is here.