Hawaiian Shores -- Rational discussion Bylaw Changes

WATCHDOG © 2012

Watchdog wishes you a good 2012. 

The Members who own property in Hawaiian Shores Recreational Estates are in receipt of their year end packet with matters which must be considered and if so inclined, voted upon. This particular article will cover Propositions 7 [Bylaw 11.01] and 8 [Proposed New Bylaw].

A couple of things: Writing any sort of documentation which must be scrutinized by larger numbers of people can be daunting. So many things can go wrong. One's self editing often sees the same thing regardless the amount of times it is read. Having a second critical set of eyes reviewing the material -- ostensibly, one who has a keen eye -- adds a level of protection one may feel when the documents are ready for mass production and the mass mailings are out the door. Kudos to the President for authoring the piece on the various Bylaw updates/changes/additions. Watchdog empathizes from personal experience the level of embarrassment the Board of Directors may experience when it is pointed out to them the difference between 'rational' and 'rationale' is subtle in spelling but different altogether in definition. Been there! Done that! Know the feeling all too well. Watchdog was privileged to serve on a board with several excellent and professionally trained editing eyes and almost everything approved by the Board for release had been reviewed with many a fine tooth comb. As Watchdog's spouse has said always 'You knew what I meant, right?' And the brain no doubt saw 'rational' and in context understood it as 'rationale'. It was actually only when arriving at Prop 7 that Watchdog even noticed and it was because there is misrepresentation in the 'rationale' behind the change. A perfect segue to the discussion of this article, Bylaw changes and rational discussion thereof. 

Prop 7 is wisely changed. Please note, Watchdog addressed this here in November. In fact, had the information been considered less 'spewing vitriol' and more 'informative' the fallacy now in print 1280 something times plus would not be an issue. This is what your copy of Prop 7 says in the area beginning: "Rational: This by-law was changed 3 years ago without changing the Articles of Incorporation which stipulate that a 2/3rds majority vote by Members is required to change the Bylaws. ..." Actually, this was changed back further than 3 years ago. It may have been done in 2005 at the last previous overhaul of the bylaws but may have happened before then.  The Board that recommended those changes was an altogether different Board than the one who recommended changes in 2008. Watchdog is pleased s
to see the proposed change as it is a right change for the right reason; to bring the governing documents into agreement where they should agree. Editorially, the alleged history lesson portion of the 'rational' introductory sentence should have been left off; or, at the very least researched for the correct date. 

Proposition 8: Mediation. Because we are talking about 'agreement and governance' Watchdog wanted to assert that while this is a great idea, mediation, it is already there for any member to avail themselves regardless of its placement in the bylaws. The Rule of Order too has its own hierarchy: Federal, State [unless the state defers to the organization's bylaws] the organization's governing documents and whatever form of 'parliamentary' rule it follows; in this case Robert's Rule of Order, Current Edition. Hawaii Revised Statutes posits that a Member can seek mediation in its 'Planned Community Associations' section 421-J. It currently does not defer to the organization's own bylaws. It's being proposed is a VERY POSITIVE step. 

While the proposed bylaw changes/additions/corrections are primarily favorable changes and additions the CCR's [Covenants, Conditions and Restrictions] are another story. They will be discussed in the near future.

Please read each of the changes for all of the propositions with care. Imagine how they affect your property values but more to the point, how they seek to promote a community whose overall interests are being addressed and not to appease or promote any single agenda or special interest. The future bylaw changes may not be so benevolent towards all. There have already been suggestions made that did not make the cut this year but will need much in the way of input from a much more aware community than is currently active. 

The propositions for consideration this year did not come from thin air. The process was a year of committee meetings and during those meetings different perspectives brought to bear on the discussion. There needs to be more involvement at this level as a member of the committee or a member in the audience whose right to participate should be secure at all times. Please plan to choose a committee to serve on and bring your perspective to the discussion.