2022 Annual Meeting Agenda & Committee Reports

  1. Introductions & Welcome to New Owners Lots 43, 51, 82
  2. Determination of Quorum
  3. Call to Order
  4. Proof of Notice of Meeting
  5. Approval of Minutes of 2021 Annual Meeting.
  6. Kuau Bayview 2022 Annual President's Report
  7. Financial Report: We are in very good shape financially. Cash assets of the HOA as of Nov 1st total $95,180.22 which is amazing considering we reduced the revenue for 2022 by giving $2760 back to the owners this year and $4600 last year. We will be giving another $2760 back to the owners for 2023. The only unusual expenses this year were $2578 for Retention Basin fence repairs, $206 for a body-cam & harness, $145 increase in the insurance premium, 2 replacement solar spotlights, and a few supplies. All owners are paid in full except one delinquent owner (Lot 35 Bouchers) who owes the HOA over $5000.
  8. Design Committee Report: Mahalo to all owners who are investing in their homes thereby increasing property values for everyone. This year brought our neighborhood a second swimming pool, several new paint jobs, three beautiful rock walls, and a new fence. Lot 63 applied to erect a carport, but DCCR 10(b)(vi) forbids carports. That type of carport was not approved, but we would like to ask the membership how they feel about higher quality covered, open-sided structures as a possibility. Only certain lot layouts such as flag lots that are level and set back from the street (including Lot 63) would be able to accommodate such structures. We would like owners to be able to make the best use of their properties as long as the aesthetic quality of the neighborhood is retained. View examples here.
  9. Grievance Report:
    • A truce has been achieved between Lot 19 and 20 whereby the cameras and the signs and shields on Hoe Place have all come down.
    • The Lot 27 leaning fence has been fixed and the trench along Lot 28 has been filled. The drainage violation on Lot 27 has been remedied. Tensions between Lots 26-27-28 have eased.
    • Several owners on Lae and Laenui were bothered by dogs barking non-stop for days while the Lot 83 owner was away. The barking stopped as soon as the owner got home.
    • The problem with the two blonde Labs who have been escaping regularly for the past year has been solved. The 6 foot privacy fence has been completed and just yesterday I blocked the gap under the fence through which they were escaping.
    • A dog got out and scared neighbors by jumping up and scratching the leg and arm of an owner. This has been resolved amicably.
    • Lot 27 called 911 in June bringing a fire truck to Hoe Place when a professional landscaper sprayed Remedy (safe for pets and children) on some weeds in the Retention Basin. The firemen said they found some dead plants, a mild smell, but nothing to be concerned about; it was a false alarm.
    • We are trying to get the County to address the tripping hazards caused by tree roots lifting the sidewalk panels. Some pedestrians have fallen.
    • Weeds, wasps, and unsightly items on one lot were causing problems on an adjacent lot, but as soon as this was pointed out, the issues were addressed.
    • For the past two years there have been some VERY loud booms (like pipe bombs) heard in KB at odd times. The sound is very distressing to some owners and their pets. The sound seems to be coming from somewhere near Lot 14 but there have been no admissions in response to queries. Let's just hope that whoever is responsible grows out of it soon.
    • Negative Externalities: In Kuau Bayview we believe in 'live and let live' as long as what you are doing doesn't infringe on other people's rights. While it may be legal for licensed individuals to smoke medical marijuana, please be considerate of neighbors who are downwind. Studies have shown that secondhand marijuana smoke has effects even worse than tobacco smoke. There are better options for CBD pain relief that do not involve smoking. CBD is available in CBD oil, lotion, ointment, gel, cream, or transdermal patches. Likewise, while some owners may be licensed to grow marijuana, the smell is very strong and does not respect property lines. Out of respect for everyone's right to breathe clean air, we are suggesting growers consider a Hydroponics Indoor Growing System available on Amazon. This will produce as much as you could possibly smoke without bothering anyone. Smokers please consider smoking next to an air purifier.
    • One landlord discovered that his tenant had been living in Mexico for a year while sub-leasing his house for a $2000 profit! And that was with a property manager. We suggest landlords keep a closer eye on their properties.
    • The HOA had a grievance against Lot 27 when it was discovered that Ed Vares Contracting had dumped his excess cement, garbage, and fill onto HOA property. He then covered it with dirt which raised the ground level 8" making it impossible to replace the chain link on the fence until the original ground level was restored. Darlene did some of the work, but was harassed by G&R so much in July that a contractor had to be hired to finish cleaning up the mess. The HOA paid him and then was reimbursed by Lot 27.
  10. Retention Basin & Landscaping Report: The wall of Haole Koa along the PCC is gone. We are no longer a bad neighbor to the Parks Department. No Haole Koa is visible in KB anymore when viewed from Hana Hwy or the Paia Community Center. The Haole Koa is being chopped out by the roots so it can be replaced with Bestill, Plumeria, Agaves, and groundcover to stabilize the slopes. In October the drainage channels under the Retention Basin fence along Lots 27-28-29 were completed. These ditches will channel runoff from these lots toward pipes that carry the water down the slope to prevent erosion. Lately the focus has been on clearing along the PCC fence to enable replacement of the chain link fabric in early December. The Hau Bush and Bestill that were planted last year in the strip inside the rock wall along Hana Hwy running from Lae St to the PCC are doing well.

  11. Security Report: In February the cedar gate behind Lot 29 was stolen by Gary Petersen (Lot 27). Thanks to video surveillance, he was forced to return it. But then he vandalized it repeatedly until we finally removed it. Too much drama. Since January, Gary has stolen 3 'No Trespassing' signs from the Retention Basin. In March an owner's eBike was stolen from the entrance to the Retention Basin. In June a woman was assaulted on Hoe Place. Luckily the entire incident was caught on video. There were three cars broken into on July 31 on Kaiea Place. Security cameras and lights have since been installed at these homes.
  12. Election of 2 Directors: Our President Darlene Aaron Brothers (Lot 7) and Treasurer Samantha Spurgeon (Lot 37) are both running for re-election.
  13. Old Business: Two large trees on Lot 17 were removed to improve views for owners above. The removal was paid for by the neighbors. Many thanks to the Knoxes. The lawyers who attacked the Board last December and tried to extort money out of the HOA insurance backed off when their demands proved to be fraudulent. The Design Rules were updated and renamed Design Rules & Guidelines. A policy adopted in 2021 has been implemented whereby Buyers are required to sign a statement during escrow confirming that they have read and agree to abide by the governing documents.
  14. New Business:
    • Ratification of 2023 Budget: A $30 Christmas Bonus will be given to owners in 2023 by keeping the fees at $100 for another year for all owners who are in good standing with the HOA. We will soon be spending $2800 to replace 111 feet of the Retention Basin fence along the PCC. This repair is absolutely necessary and a good use of the money. Thousands will be saved by our preparing the site, and removing/disposing of the old fencing ourselves.
    • Ratification of Actions & Decisions of the Board over the past year: There were two actions in 2022. The one dated Feb 7, 2022 increased fines for Retention Basin violations on the advice of MPD. The action dated Nov 15, 2022 approved expending $2800 for the fence repair mentioned above.
    • Zoom: We would like the membership to consider the idea of having all Zoom meetings for the nextgoing forward without requiring the Board to provide a physical location. These days all owners have computers or phones that enable them to access Zoom, so even without Covid, it is much easier and less time-consuming for both the Board and the owners to use Zoom. Of course we can always have an in-person meeting if there is a reason or desire for one. We'll ask for your feedback on this right before the Owner's Forum.
    • Coqui Frogs: Thanks to the great work of Maui Invasive Species Committee (MISC), KB dodged a bullet when 3 Coqui frogs were eliminated from Lot 43.
    • Birds: Please try not to run over the doves on Lae St. There have been more killed in the last two months than in the last 20 years.
    • Lot 27: We prefer to focus on all the positive things that occurred in KB during the past year but, unfortunately, last year's problem with Lot 27 continued to worsen and eventually culminated in an assault on our Board President by one of the Lot 27 owners. Judge Dunn's own words describe it best: "The video shows Mr Petersen aggressively approach Miss Brothers while she is on the front porch of a neighbor. After aggressively approaching her, he calls her multiple foul names and threatens to fill her face with Raid, wrenches a phone out of her hand as she attempts to film the interaction, aggressively backs her up against a wall. She's cowering in a defensive position. He then grabs her by the back of her head and punches her in the face and throws her to the ground. The relevant statute HRS 604-10.5 indicates harassment means physical harm bodily injury, assault, or the threat of imminent physical harm... The video manifests both physical harm, bodily injury, & assault, and the threat of imminent physical harm ...threatening specifically to fill her face with Raid and then wrenching the phone from her hands, throwing it, away from her at distance, ultimately grabbing her by the back of the head and then punching her, all constitute physical harm, bodily injury, and assault. It is certainly demonstrated by clear and convincing evidence... the petition for injunction against harassment is granted." In accord with the Board's policy of 100% transparency, the 3 minute video of the assault can be made available for those who are interested. Gary Petersen has already violated the TRO and the injunction twice which is why the Board President has to wear a body cam when outside in Kuau Bayview.

      To clarify what led up to this unpleasant incident, I'll present some details concerning the Lot 27 construction project. First let me establish that all of our interactions with the Lot 27 owners, Gary & Robyn Petersen (G&R), were in official roles as Design Committee Chair, Board President, or Retention Basin Committee members. In Jan/21, Robyn's mother (Gladys Heck, Lot 24) had asked the Board President if she knew any rock wall builders, so she introduced them to Naki, whom she considers to be the best rock wall builder on Maui. After hiring Naki to build a 7 foot blue rock wall for $16,000, G&R kept pushing Naki to build prior to receiving the plans. G&R ignored Design Committee advice to stop work until the plans & permits were ready. How could Naki follow plans he had never seen? When the Inspector finally showed up with the plans, the wall naturally did not match the plans. G&R blamed Naki for the failed inspection and were so abusive that Naki walked off the job after spending $8000 on materials and labor. G&R demanded their money back, but it was gone. They have stated in writing that they hold the Board President responsible for the loss of $10,000 because she introduced them to Naki. They expected Aaron to prevent anyone in Kuau Bayview from hiring Naki until they got their money back. G&R had to hire Ed Vares Contracting to build a 6 foot high by 68 foot long CMU retaining wall for $80,000. The wall was back-filled to create an elevated, flat extension of the back yard. Ed Vares' bulldozer did major damage to both Lot 26 and Lot 28, whose owners were very upset and immediately requested the Board's help. Robyn refused to provide architectural plans to the Design Committee until 7 months after the wall was completed. As soon as we saw the plans, we had the draftsman visit the wall and confirm that the County-approved plans regarding drainage had not been followed. Instead of coming out of 15 two-inch weep-holes at the base of the wall, ALL water from Lot 27 was concentrated into one 4" pipe that discharged like a fire hose onto HOA property. Rain on Dec 5/21 resulted in a 12" deep gully and massive erosion on the Retention Basin slope. One storm! We quickly installed a 100' drainage hose, but Gary sawed off the pipe and threw the hose & the pipe down the hill. All subsequent efforts made by the RB Committee to prevent further damage were sabotaged. We pleaded in vain with Lot 27 to hire a drainage engineer. In the end a County Plumbing Inspector forced G&R to disconnect the roof downspouts from the 4" pipe. Today the project stands unfinished, as the large cinder-block retaining wall has yet to receive a veneer, as required by KB Design Rules. In order to underscore the burdensome expenditure of time required of Board and committee members in fulfilling their duties, let me just state that there have been well over 300 emails dealing with Lot 27 during the almost two years since G&R became KB owners.

  15. Owners' Forum
  16. Adjournment
Lot 88 swimming pool
Lot 88 swimming pool
Lot 38 rock wall
Lot 38 rock wall
Naki building Lot 29's rock wall
Naki building Lot 29's rock wall
Aerial view of the Retention Basin on 2021-08-08
Aerial view of the Retention Basin on 2021-08-08
View of the Retention Basin SW corner
View of the Retention Basin SW corner
Holes in RB fence along Paia Community Center
Holes in RB fence along Paia Community Center
Gary Petersen assault on the HOA President
Gary Petersen assault on the HOA President
Lot 27 4 inch pipe sawed off
Lot 27 4 inch pipe sawed off
Lot 27 drainage ditches
Lot 27 drainage ditches