Hawaiian Shores -- Busy Work

WATCHDOG © 2012

Aloha Watchdog Readers,

The regular monthly meeting of the Board was Saturday, April 21st. It was attended by 1% of the Membership; or a little higher percentage if you base it on those who live locally full time. Fairly traditional numbers for Board meetings. The board was comprised of 2/3rds of their membership or 6 out of 9 directors. The weather was spectacular for most of the meeting but the late morning convection moisture blew in and chilled the air, both figuratively and literally!

The Agenda was straightforward. No surprises and decisions were not unreasonable. Members commented on the use of private social media to discuss Board assigned responsibilities and the way the community is being represented by the personal bias of those who are malcontent over what they perceive as 'woes' to the Association or 'extravagant indulgences' by former directors or staff.

  The Board of Directors does not support, is not affiliated with nor directs any commentary, opinion, rhetoric, cartoons, graphics, illustrations, disinformation, misinformation, etc contained on any medium, social or otherwise, regardless of the title or topic, including this BLOG!

Now that we have the obligatory statement out of the way, which by the way the Board basically acknowledged during the regular monthly meeting, what is read here and what is read elsewhere relevant to Hawaiian Shores Community Association is really personal opinion from individual 'members' of the Association -- some factual, some conjecture, all suspect to personal bias and those that seem most outlandish likely FALLACIOUS and SPECIOUS. 

While there was business conducted most of which was just business and done well, there were a few hot button topics: 

• Financial Statements and Audit as posted on the official website
• Distortion of information via a specific Facebook Group with a dalliance in large quantities of hyperbole that has some in the community concerned about 'perceptions' from those not full time residents but who read the information.
• Cell Tower
• Bylaws

Financial Statement: Concern has grown over the first quarter Legal Fees of approximately $20k. The President stated it was anomalous due to a 'large payment' that was made, though not identified, that would not be matched for the remaining 3 quarters of the year. One member was concerned the financials reflected a trend of overspending, or over budget spending, if continued as trending may require an infusion of funding. 

Internet Distortions: While it is generally accepted that people will speak freely within the safety of their own home there was a grey area of concern for some who noted that a member who was assigned the 'responsibility' of researching alleged bylaws issues was allowing information his research discovered to be reported on group FB page [which he and his partner are members] in near 'real time' but before the entire Board of Directors could review his written report. In addition, instead of the research to determine the veracity of the bylaws from a procedural perspective it appeared a private interpretation of the information the responsible party was putting together was being shared with his partner who then appears to have engaged in extrapolation and spin apparently based on a private agenda lobbing questionable allegations and accusations which caused some to wonder if the Board might be complicit in what in the 17th century would be tantamount to a 'witch hunt'! The Board quickly moved to ally concerns by members. They denied involvement in any personal opinions expressed. They did not seem to grasp that information they approved to be accumulated and reported to them as a body was being released through a third party medium to the world before they even had a copy of the report to collectively review. 

Cell Tower: Perhaps one of the sadder parts of the day was when a member who has for years consistently expressed opposition to the erection of a Cell Tower was interrupted during his expressions of concern with insults that he was spewing 'hot air' and his opinion was not based on 'scientific' evidence. He was respectful of the floor being immediately taken from him and only responded thereafter to statements made of a personal nature at him. While the Cell Tower seems to be an inevitability and most understand the benefits to them/and the community, it is still permissible for members who do not share that opinion to express it when the topic of the Cell Tower is under discussion. It has been historically noted by regular attendees to the Board meetings that a dissenting voice is eviscerated immediately instead of respectfully acknowledging the difference of opinions. This does not promote a healthy and diverse discourse between members, directors or otherwise.

Bylaws: Finally, the big reveal! Yes, the final summation of the research into the alleged illegal bylaws stands at this:

• 2005 major overhaul passed according to report with the proper percentage though it included a conflict law #11.01 specifically which upon its passage was immediately in direct conflict with the Articles of Incorporation [written about here on this blog in a couple of articles from last fall and earlier this year].
• 2008 changes met the legal percentage of 66% to pass.
• 2009 changes -- no tally sheet discovered no 'obvious' way to tally and state emphatically one way or another if they passed with 66%. However, there may still be proof in the record box of that election year on ledger sheets. 
• 2011 changes passed with the required percentage.

The President acknowledged the 2009 changes were sealed and done. Changes were made to a couple of those bylaw changes in 2011 - especially to #11.01 to make it compatible with the Articles of Incorporation.

The bottom line is -- excepting for not having a ramseyer version of the bylaws as they existed before the 2005 changes and the proposed changes -- there was only one year that an easily accessible tally was not available to determine the percentage yet the report to the Membership noted 'passed' referencing the bylaws changes for 2009/2010. It appears, absent malice as expressed by some through personal opinion and perhaps a bit of projection, the bylaws are in order, there was not egregious usurpation of Membership rights and yes, a bylaw was rectified after being on the books for 5 years that should not have been passed without changing the Articles of Incorporation as well.  The Association has not been compromised and the lack of proof for the few changes in 2009, 2 of which were nearly identical in verbiage, has not ill affected the corporation nor the Membership never giving anyone 'power' to commit some nefarious or dastardly deed/s. 

Beyond the meanderings of a minority of members who have a penchant for dramatic license the health of this Association, at least on the 21st of April, excepting of course for the 1st quarter expenditures which as the year pans out may absolutely disappear as over budget, or not, is solid and good. Things are on path to move in healthy directions so long as members gather together during the appropriate times to observe the business of the Board on behalf of the Association. 

A side note, to the title of this article, it appears the management technique for the current leadership is to indulge the squeaky wheel with 'busy work'. The whole public display in allegations that former Boards had somehow abused power by ramming through bylaw changes for personal gain [though the wise and intelligent among the members will wonder how a volunteer gains anything unless it is through conflict issues where money is paid to the volunteer] alleging initially they were to be REGISTERED with the State Bureau of Conveyances, which was easily disproved with a series of phone calls; that there may be some 'hint of impropriety' in the bylaw changes by the same boards because the bylaws were never registered and then finally the indulgence of two members who have created a web of imagined deceit and ill gain by previous boards based on a single bylaw that was drafted and passed and not supported by the Articles of Incorporation. One of the two was discharged with the responsibility of determining whether or not there were 'real' issues with the bylaws. Busy work. The reality? Exacerbation of an already profound rift between polarized sides of issues membership who live locally are exposed to. The report was accepted and approved but no positive statement was made to overturn the suspicions cast upon certain members through the process.

To this end, the Community Relations Chair did beseech the Board on a couple of occasions to call the community to civility and healing and to lead in that direction. Time will tell if those words fell on deaf ears or will grow by nurture being revealed in future interaction with the members who take time from their Saturday morning to be responsible owners showing up and participating at the monthly board meeting.  

Hawaiian Shores -- April Bod Meeting

WATCHDOG © 2012

Greetings Watchdog Readers,

A friendly reminder this Saturday is the regular monthly meeting of the Board of Directors. The meeting should be shortened in that the only committee who met and who might have a report is the Design and Review Committee -- formerly known as Architect Committee.

With only 2 business days remaining before the Board meeting it seems nearly unconscionable that an Agenda has not yet been posted . Yet, here it is 118P on Wednesday and no way does a member who conscientiously prepares for the meeting by doing due diligence have sufficient time to do so. 

Watchdog cannot stress it enough, Members need to be involved in what is going on with their association, especially if you see your investment tied to having an 'Association'. There has been grumblings in the past about 'dissolving' the Association and for many reasons that movement has never really taken off but it is an idea whose time has apparently ripened and it may be the low hanging fruit picked up and contemplated by many if there is a continued lack luster display of leadership at least on the committee levels. 

Recently, an old complaint has begun to recycle ... the 'road shoulders' are not getting mowed!  In the past the fact that Association dues were allegedly so high and the 'services' were less and less obvious created a vacuum in the community which contributed to an outright mandate vote for 6 new directors. Here is an interesting factoid: The assessment this year was exactly the same as the year before -- $300. We are now down to 2 employees working the subdivision. The work is going to slow down. It isn't weather related because we haven't had that much day time rain. So, what is the problem? Why is one portion of the subdivision not getting the 'services' they are paying for? With the old problems still rearing its head with a 'new board' the 'dissolution' of the Association is now gaining new interest. Same problems; different directors. 

Add the surly and disrespectful treatment [pardon the redundancy] by the office manager and 'dissolution' is looking better and better. If you are really monitoring your investment in this down economy you should be attending the meetings that do transpire and making sure you have a say in the direction your investment is going. Traditionally, the Board allows Members a few moments at the beginning of the monthly Board meeting to address Agenda Items. At some point, the Agenda will be posted and when it is it will be linked here. Nonetheless, Members may wish to apprise themselves of every opportunity to share their thoughts. 

As promised: The link to the Agenda

Hawaiian Shores -- Rash of Cancelled Committee Meetings!

WATCHDOG © 2012

Hello Watchdog Readers,

Watchdog has attended each of the committee meetings scheduled in the graphic and NOT A SINGLE ONE transpired! Watchdog is even a member of one of the committees and showed up for the meeting as the only member present. 

There are a number of troubling issues for members who feel it prudent to be involved in their Association meetings as an obligation to their property and monetary investment. The idea that Committee Meetings are scheduled and even noticed on the 'COMMUNITY' calendar though cancelled with no notice to each of the members of the various committees is absolutely unprofessional and unacceptable. It shows no respect for the volunteer who is not noticed. Further, having an ineffective community calendar shows disrespect for the Membership. The 'COMMUNITY' calendar has been useless as a tool yet for months the first thing one sees upon entry to the community  is the recommendation to see the 'Calendar' at the Association's website. Watchdog has asked this question here before, "Why?" "Of what use is it if it is not current?"

The Finance Committee was the latest to not meet as scheduled on the Community Calendar. Watchdog was told by the office manager [at 3:55p] that because one of the members 'called in the morning to say she would not be attending and two other committee members would not be able to make the meeting the chair cancelled the meeting.' Of course, it was not noticed on the COMMUNITY CALENDAR! Further, apparently the actual reason for the 'cancellation' was because the chair had been hosting a party at the Stables for the volunteers and decided he could not break away to meet a scheduled obligation. ALSO, the meeting was not CANCELLED it was RESCHEDULED! That meeting too is not reflected on the community calendar! This is the second Finance Committee meeting which has not convened as scheduled and noticed on the calendar. 

The Infrastructure Committee was scheduled to meet on Monday the 26th of March. Watchdog showed up. No one else did. Watchdog received no notice of cancellation or rescheduling. Watchdog wrote a letter to the chair of the Infrastructure Committee it contained the following requests:

• ·        Copy of the report/minutes from the February meeting.
•    Notification/confirmation of the next scheduled and committed meeting of the Infrastructure Committee
• ·        Email response as to why I wasn’t noticed; why the community calendar wasn’t noticed – as to last night’s meeting.

The letter was written the 27th of March. This is the 13th of April and Watchdog has not yet received a response.

Though 2 committee members showed up for March's Community Relations Committee meeting, 1 showed up ahead of time and left a few moments after the appointed time for the meeting and another showed up 15 minutes after the meeting was to begin. Thus, no Community Relations Committee meeting.

A Board of Directors is best served and consequently serves better when the appointed committees have a function, have members and meet regularly. Communication is an essential. The lack of leadership for this year's committees bodes poorly for the community at large. Last year, the Board came in with their agenda set, adopted, executed. Not so this year. Aimless and irresponsible is more to the point.

This is what is written in Roberts Rules of Order regarding committees: "It is the duty of the chairman to call the committee together, but, if he is absent, or neglects or declines to call a meeting of the committee? it is the duty of the committee to meet on the call of any two of its members. In small special committees the chairman usually acts as secretary, but in large ones and in all standing committees, it is customary to elect a secretary, who keeps a brief memorandum of what is done, for the use of the committee. Members of the society have a right to appear at the committee meetings and present their views on the subject before it at such reasonable times as, upon request, the committee may appoint... " The chair does not serve as a unilateral member of the committee. For a committee, the chair should look for consensus between its members before making any changes. To act arbitrarily works to defeat the purpose and progress of a committee, and indirectly the Board and by default the Membership!

Watchdog is confident the attitude of the Board of Directors is to operate with transparency and as the authority over and of all Committees should require all committees to operate in like fashion!

WATCHDOG © 2012