KULA KAI VIEW ESTATES COMMUNITY
ASSOCIATION
PO
ANNUAL MEMBERSHIP MEETING
FEBRUARY 16, 2008
1:00 PM
Call to order by Karen Kudlo at 1:15pm
Karen introduces officers and
directors:
Present: Don Coons, Ron Hawkes,
Rex Brumley, Paul Myers
Officers: Barb Capocy,
Secretary, Karen Kuldo, President/Treasurer
Absent: Ken Simon, Al Bowler, Rod
Frost.
Larry Hayes present via
telephone during director vote.
Members Present: Ric Elhard, Rose Herrera, K.., Ted Stanton, Gary Kneeland, Carol Simms, Elias Padilla, Dean and Karen
Hanson, Helen Donovan, Russ Appleyard, Patricia Zura, Johnny and Beth Waller, Kathy Hawkes,
Georgia Murphy, Earl Kemmer, Laura Brown, Karen Ingraham, David Williams, Bruce Dunlavy,
Danny and Carolyn Zook
Quorum established.
John Wilson – States that
this is his very first meeting as a new owner and he hopes that we will all
experience respect for one another which results in grace and sharing in Kula
Kai.
K.. – “Aloha People of Kula Kai” – see attached excerpt.
Secretary’s Report
Approval of last years membership meeting minutes: Last year’s minutes were unavailable. If anyone has any changes to the minutes that
were sent out last year, be sure to let us know.
Barb read a report listing
the tasks that she has completed and difficulties encountered in her short
tenure. It has been a hectic few months
filled with collecting files and paperwork, typing minutes, reviewing laws,
sending letters, and attending meetings.
Keeping up with members current addresses and
email addresses is a challenge so if there is an error, please let her
know. Much time has been spent trying to
gather all the files pertaining to the secretary position as they seem to be
scattered in at least three different places.
The association has not had an official secretary since Ric Elhard resigned last
June.
Treasurer’s Report:
Karen states we have two bank
accounts – Bank of Hawaii (at the end of January is $12,350) and a State Farm CD
Account is $35,000. Karen says we have
three people checking the mail and she also has checks that Barb just gave her
from memberships that need to be deposited.
Don asks who is on the
signature card for the bank. Karen says
she is on it, Johnny Waller, Al Bowler, and Paul Myers. Barb asks for a copy of the corporate
resolution stating when the current people were put on the signature card. She says there is nothing in the files. Discussion about why at the January meeting
did Karen state Paul’s name was not on the signature card and since then we have cancelled checks
that have Paul’s name on them. Karen
said she did not know when Paul’s name was put on the signature card; she does
not know who is on the signature card.
Questions raised
about a $3,000 check written at the end of the year to Arleen Myers which had
no documentation attached. Karen said
that was for reimbursement for postage and mailing out the minutes. Karen said everything is somewhere in the
files. Questions arise from the membership
regarding the financial statement that does not have the $3,000 to Arleen
broken down into categories. Karen says
this is a mistake on the financial report as she did not prepare the report -
Arleen Myers did. Clarification was made
that Arleen Myers was not secretary for the year 2007; she was authorized by
the board to send out one mailing.
Ron Hawkes
volunteers to bring a new financial statement to the board for review after he
receives the check registers, as he is the CPA that does the association’s
taxes.
Don motion to have a
committee review and double-check the checks written for fiscal year 2007. John Wilson seconded. Vote:
all Yes,
Opposed – none. Motion Passes.
Karen Ingraham
asks why the board has two insurance policies.
Karen Kudlo explains the differences between
the two policies.
Don asks why the $1,500
retainer that the board did not authorize was sent to an attorney that the
board did not authorize hiring. Karen
said because attorney David Lacy retired.
Don said we have a form from Lacy’s partner
who is taking over the firm that says all we need to do is sign a form and our
files will transfer.
Karen said that she has not
received any correspondence from members except for a letter complaining about
easement blocking.
Barb says she has not
received any correspondence from the board to any members or from the board to
the attorney. Karen says Barb should
talk to Arlene about that. Barb says that
someone else obviously needs to talk to Arleen as she has been asking since
December for the materials and she has not received them. Karen says she has asked her several times
also.
Rex discusses the road
easements. He says he was asked to look
into the easement issue of the first two roads at the top of the
subdivision. He says four easements
exist, A&B, and C&D and they are for the exclusive use of the property
owners of lots 1 through 6 since they can’t gain access to their lots any other
way. There are six lots, Lot 1 has
easement over lot 2 and 3 to gain access to their lot,
Rex makes a motion “That the
secretary or board of directors designee shall notify by way of registered mail
return receipt requested the owner of record of lots #8 that they are in
violation of covenants paragraph 2,3,5,6,7,8,10,12,14
and have ten days to remove all obstructions placed on or across easement roads
a&b and cease using the easement. The letter will further state that non
compliance will result in the board removing said items at the owners expense and immediate legal action for any further
infractions as allowed by the covenants paragraph 16.”
Discussion:
Don says that he doesn’t
understand why it is our jurisdiction to enforce anything on a private
road. Rex says that yes, they are
private property easements, but as the
board had received a formal complaint from the owner of lot #1 stating that the
person on lot# 8 which has no legal access to the roads was blocking her access
we must pursue the issue.
Karen reads letter from
Rhonda Doyle, owner of lot 1 dated December 7, 2007: “I, Rhonda Doyle, owner of KKVE lot #1 do
hereby state that I have never granted easement access to K.., who owns an
adjacent lot in our subdivision. There
have been some barriers for highway use placed on the easement. They look tacky and I did not give permission
for them to be placed on the easement.”
Barb states this letter is not asking the board to do anything.
Ric states the barrier is on lot 2 and K..
may need permission from them to use the easement, not from
K.. attempts to speak on her own behalf but Rex and Karen
state she has not provided documentation to the board that she has a valid
contract of sale. Don and Barb state
they have seen the documentation – a valid contract of sale, along with a
letter saying K.. has a contract of sale. Rex and Karen ban K..
from speaking even though she is a member of the community association. Rex says that if Don and Barb had indeed seen
a valid contract for sale why would a letter be needed saying it.
Rex stated in great detail what he considered a "valid" contract
including reference to HRS§502-83.
All deeds, leases for a term of more than one year, mortgages of any interest
in real estate, or other conveyances of real estate within the State, shall be
recorded in the bureau of conveyances/ Principles & Practices of Hawaii
Real Estate / Kula kai View Estates Covenants
paragraph 14 and followed by an attorneys legal opinion. He feels that that lot #8 where K..
resides is in violation of just about every covenant we have in no way
demonstrating a member in good standing and agrees with a legal opinion that
K.. is not allowed to participate in board functions. He feels it supercedes
regular membership standing and Karen states we will follow it because it is a
legal opinion.
Barb restates the motion and
declares she does not understand the motion; she asks for a simpler way to
state the motion.
Ric asks for an explanation of the other issues included
in Rex’s motion. Rex reads the covenant
violations corresponding to the numbers in the motion. Ric asks why he is
rolling all that extra stuff into this motion about the barrier and easement –
he feels it is extremely inappropriate for the membership to be voting on
this. Don says there is obviously more
to this than the road easement and he can’t believe that K..
is not being allowed to speak. He says
he is ashamed at this entire thing.
Rex moves that the secretary
or the board of directors designee shall notify in writing by way of registered
mail return receipt requested the owner of record of lot #8 that they are in
violation of covenants paragraph 6 and have 10 days to remove all obstructions
placed on or across easement roads a or b and cease using the easement. The
letter will further state that non compliance will result in the board removing
said items at the owners expense and immediate legal
action for any further infractions as allowed by the covenants paragraph 16.”
Paul seconds.
Discussion: Barb reads Number 6, the Nuisance Section, of
the Covenants which reads: “No noxious or offensive activity shall be carried
on upon any lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
No barn, shed, doghouse, or other structure to house poultry or animals
shall be erected within 50 feet of any property line.” She goes on to say that one complaint does
not a neighborhood make. She has 20
years experience in enforcement of codes, including public nuisance issues and
says an issue affecting one person does not constitute a public nuisance.
Don states this is being
declared a public nuisance on a place that the public cannot even go. Don says this is an issue that should be
discussed amongst the owners themselves and the board should not have anything
to do with it. Johnny Waller says to be
fair we need to include
Motion now reads: “The
secretary or the board of directors designee shall notify in writing by way of
registered mail return receipt requested the owner of record of lot #8 and #5
that they are in violation of covenants paragraph 6 and have 10 days to remove
all obstructions placed on or across easement roads a or b and c or d and for
lot #8 cease using the easement. The letter will further state that non
compliance will result in the board removing said items at the owners expense and immediate legal action for any further
infractions as allowed by the covenants paragraph 16.”
Vote:
Motion carried via yes (35),
no (18.5). Motion passed.
Karen introduces new
insurance quotes for the next year that she just found. She says it’s pricey and hopes the new board
shops around.
Rex explains K..’s copyright issue via an
attorney’s opinion. It appears that the
attorney says she cannot copyright her name.
Don and Barb have seen the copyright paperwork from K...
Old Business: Road and Signage Repairs. Work will be done as a community association
project. Date will be posted.
Speeding: Keep to the speed limit.
Picnic Area:
Discussion regarding selling
the association lot up on the top of the hill, to purchase a lot or two open
space/picnic space. Don reports that the
CCH board is in agreement in looking to help purchase open space for a picnic
area in conjunction with the KKVECA.
Karen says the new board can continue working on that.
Don moves that a committee be
assigned to look into the issue of a park.
Seconded.
Vote: No one opposed. Motion Passed.
Gate
Camera. Ted discusses issues regarding gate camera
and installation. Rod Frost is going to
install the new light for $110.00.
Abandoned Vehicles – Don
clarifies. He says 6 vehicles remain, all
on Carol Simms property, left before she bought the property. He said he has proposed a motion to help
people remove cars from their property that were abandoned there before they
bought the property. It would cost 60.00
to remove each vehicle. John Wilson
seconds it.
Carol thanks Don for taking
an interest and says she is planning on taking care of it and would love to
find out who was offering the cheap price Don found. She said the association did not have to pay
for it. Don withdraws the motion; John
withdraws the second.
Rex explains that “Standing
Rules” are general rules that a board follows that are in accordance with the
general membership and suggested voting on all of them as a block, explaining
further that any owner at any time can ask for one or more rules to be isolated
for an individual vote.
Rex read off a block of
proposed rules as a motion. Seconded and
then second withdrawn. Seconded again for discussion. Patricia Zura
points out that these rules in some cases violate or change our bylaws. People at the meeting suggested either having
a committee to look into these things or to be mailed all the suggestions. The room feels the issues are too large to
vote on without review. Late fees are
already addressed in the bylaws. Bylaw
changes require a 60% approval of the membership. John Wilson says standing rules are more
appropriate when one has a large staff who are hired
by the organization. Rex withdraws the
motion.
Don moves we move the
standing rule matter to committee. Seconded. Majority of
the room votes in favor. Motion Passes.
Fire Prevention: Be careful with fire.
Non Profit Donation Yearly
Contribution: KKVECA has in the past
given $1,000 to the Volunteer Fire Department.
Ted moves that the board make
a donation of 500.00 to the Fire Department and 500.00 to the Boys and Girls
Club of Ocean View.
Second: Paul Myers
Ron clarifies that the KKVECA
is not forced by law to make donations due to the nonprofit status.
Don amends the motion: 750 to the Fire Department and 250 to Boys
and Girls Club.
Ted restates his motion to
ask the board to give $750 to the Fire Department and $250 to Boys and Girls
Club of Ocean View. Vote: Unanimously in favor. Motion Passed.
Election for the 2008 Board
of Directors
Ron clarifies that 421J may
not apply to our organization as we are set up as a non profit organization,
not a planned community. It may be that
we are a combination of it and 501.
Don makes a motion that the
full membership decide now whether to open the
nominations again or not. Seconded. Vote: 36 in favor, zero
opposed. Motion Passed.
Ted Stanton nominates entire
current board. Rod Frost has said he
does not wish to stand for re-election.
Director nominees each stand
and tell a little about themselves.
Karen delegates three people
to serve as tellers to count the votes.
Don asks for a vote of
confidence from the membership to allow Larry Hayes to vote for directors using
his proxies via telephone as he is visiting his grandchild on the mainland. Majority vote in favor of
calling Larry Hayes. (33 yes to
17.5 no) Karen makes the phone call and
adds Larry’s votes to the total.
Results: Carol Simms 64.5
Ron Hawkes 60
Rex Brumley 57
Ric Elhard 52
Don Coons 48
Bruce Dunlavy 43
Larry Hayes 38
The above individuals
constitute our new Board of Directors for 2008.
Other vote recipients:
Al Bowler 26.5
Gary Kneeland 25.5
Paul Myers 24
Ken Simon 16.5
Gate Code:
Ted will change the gate code
today
New Web Site:
Need volunteer to update and
maintain association website.
Rex makes a motion to form a committee
to find someone to maintain website and a committee to update bylaws. Motion passed.
Karen Kudlo
announces her resignation as President of KKVECA.
Meeting Adjourned at 5:00pm
Submitted by
Barbara Capocy
KKVECA Secretary