Friday, June 24, 2011

Hawaiian Shores Community June Architect Committee Mtg Recap


Aloha All,

The Architect Committee met last evening at 1700 hrs at the Honu Street Facilities. There were 4 people in attendance.

The agenda consisted of a review of the May Report to the Board and a follow up discussion on items that fell within the May Agenda but needed clarification.

For the Record, the May meeting had the following Agenda Items:
  1. How to modify CCR's to change Committee name to Design Review Committee
  2. Schedule for monthly Committee Meetings
  3. Submittal, Notification, and Reveiw Procedures
  4. Guidelines for two part review process
  5. Neighbor Notification  process.
The Board of Directors returned the report for clarification. The following is a recap of the Committee's thoughts on the items.
  • Modification of CCR's to change the Committee Name to Design Review Committee
The question was asked why the name change in the CCR's has to be amended by the membership when the By Laws [#9] clearly gives the Board of Directors the authority to create and name any committee.
 

Not part of the discussion during the Committee meeting but as an answer here to the readers to the question above the Articles of Incorporation for the organization states the following: "NINTH:  The initial bylaws of the corporation may be adopted by the petitioner within thirty (30) days after the effective date of this Charter.  The Bylaws and the Declaration of Covenants, Conditions and Restrictions of the corporation may be amended or repealed by the vote of not less than two thirds (2/3rds) of the members present, in person or by absentee ballot, at the next annual membership meeting duly called and held, the notice of which shall have stated that a purpose of the meeting was to consider such an amendment or repeal." 
  •  #'s 2 and 3 of the agenda above remain unchanged from their submission.
  • #4 Guidelines for two part review process will be developed over the next couple of months with the initial draft to the Board for September Board meeting for their review. The different committee members are looking at other Homeowner Associations for language and concepts that can be used to frame the new process. 
  • #5, Neighbor Notification wound up with the greatest amount of discussion. It is an idea that is clearly held closely by the Committee members. Initially, the idea of building communication between members/neighbors when someone is about to begin construction was a welcomed intent. However, as the discussion continued there was an understanding with the dis-ease some members felt with the 45 day application review process. If you are simply notifying your neighbors a letter of notification should suffice; but, if you are allowing neighbors to have some feeling of empowerment that if they should object to something and by attending the meetings their objections may carry some weight with the Committee and could somehow impact an owner's right to build as they wish in complete compliance with the CCR's, then it changes that dynamic. The final decision was to simply notify neighbors an application to build will be considered on such an such a date. Leave it open to neighbors if they wish to attend and participate in the meeting or not. [This discussion was borne from consideration of a draft letter template the Office could use when someone brings in their application for initial design review.]   This final thought met with approval all around and so it will be submitted as part of the 'process' for approval by the Board and members.
Unrelated to the topical discussions was concern about a particular lot that had been cleared and which has some notoriety developing as a result. The Architect Committee wanted to know if there had been a letter submitted, as required by CCR #7, before the land clearing commenced. With no way to ascertain the information at 5P on a Thursday evening, the suggestion was made to the committee chair that the committee recommend to the Board to direct the Office to either email a copy of every letter submitted with the intent to clear, or, to email a letter was received by the Office with the specific information included such as lot#, etc. If and when the CCR's are finally amended by the membership the 'process' should clearly articulate the policy and full procedural application.

A particular concern of the Watchdog's is the consistent mis-recollections of one of the Directors who serves on this and other committees. When asked of there was any discussion on the 'neighbor notification' portion of the Report during the June Board Meeting, this director remarked "no, it was approved." Factually? The entire report was returned, UNAPPROVED, to the Committee for clarification; and, several members in the community present during the discussion and a couple of the directors engaged in a lively discussion wanting to better understand what the '45 days' translates to or means with regards the application for building. If it is simply to notify one's neighbors, a letter of notification seems sufficient. Why would the neighbors need to be at the meeting where the application would come up for discussion unless the neighbor's input somehow would have a bearing on the building project. The discussion lasted for awhile and under no circumstances could it have appeared as though it was 'approved'.

Also, regarding #7 of the CCR's the need seems to present itself to elaborate on 'Land Clearing' and tie it into #19 Maintenance and Repairs.

The Committee meeting was a lively discussion; an opportunity for give and take and clearly no 'agenda' being forced. Intent is beginning to take form and so far it is merely to build rapport with one's neighbors. Ultimately, so long as a member is in compliance with the CCR's objections, should there be any, would merely be part of the discussion but carry no weight in the approval process.  It took awhile to get here on this one for clarity to really be such that each of those present was on the same page. The conversation was always respectful and mostly all were in agreement. 

The next meeting of the Architect Committee is: Thursday, July 28th at 5P @ Honu Street. 

The meeting adjourned at 1831hrs.


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