Kuau Bayview Annual Report 2020
2020 noteworthy occurrences:
- Rampart Removal: The large rock rampart to the right of the Retention Basin gate was knocked down in April 2020. Since 1996 homeless people and thieves had been using the private area behind the rampart as a place to sleep and hide stolen goods. Removing the rampart improved security for the neighborhood, opened up the lighting, increased visibility for cars turning onto Hana Hwy, and gave us a whole new garden area.
- Rocks: The rocks released from the rampart were re-purposed mostly to prevent further erosion of the north side of the access road into the Retention Basin, and the rest to provide an edging along the gardens.
- Insurance Settlement: Extreme efforts over two years produced an insurance settlement of $11,198.02 to compensate the Association for the July 22, 2018 car crash into the KB front entrance garden. Some of this money will be distributed to the owners by lowering the 2021 annual dues to $80 for all Green List owners whose accounts are in good standing. Snail mailers in good standing will pay $126. The rest of the money will stay in the bank and be used to upgrade the front entrance as needed over time.
- School: On August 17, 2020, a tenant started operating a school with 6-8 students in a garage at 42 N Laelua Place causing much disruption to the owners in that cul de sac. Intensive research was done to determine what laws governed such operations. Owner feedback indicated that a substantial number of owners wanted DCCR 10(a)(i) enforced which restricts the lot usage to "single-family residential purposes." A Notice of Violation letter was sent to the owners on Sept 16th resulting in an eviction notice being posted on Sept 18, 2020 requiring the school to be relocated. This would have been the end of it but the [former] President unilaterally rescinded the Letter of Violation enabling the school to continue. A second Notice of Violation letter was sent to the owners on October 5th. The County and DHS may be fining them for violating County Ordinances and running an unlicensed child care, and the HOA will be fining them for the DCCR violation.
- Board Changes: Since 2012 the KB Association has been successfully self-managed. Our annual dues are probably the lowest in the country and all aspects of the HOA have been run more efficiently than ever before. In September 2020, an internal Board conflict arose, whereby the apparent intent of the three newest Board members was to scrap our great system and return Kuau Bayview to the same "professional" property management which had failed KB in the past, cost more than three times as much, and rendered the Association dysfunctional. Original owners refer to that period as the "Lord of the Flies" era. The two minority board members felt that the annual dues should be lowered for 2021, and resisted the majority's proposal to use the settlement money to pay an "assessor" $4000 to evaluate the state of the Retention Basin. The Retention Basin committee felt that this proposal was premature and a waste of money. The newer Board members seemed to think that being "the Board majority" meant they could do whatever they wanted, disregarding state law, the Board Mission Statement, KB policies & procedures, DCCRs, Bylaws, and at times neglecting to even inform the older and more experienced Board members of the actions they were taking. A negative and defining moment occurred when the president unilaterally rescinded the Grievance Committee's legitimate action that would have forced the school to relocate. This rescission favored the tenant against the grieved KB homeowners and was not in the best interests of the community as a whole. The three rogue Directors were asked to step down which they did on Sept 29, 2020, but filled their resignation letters with malicious, false allegations blaming the other Board members. If they had not resigned, a special meeting was being planned to remove them from the Board as their illegal and bad faith actions were putting the HOA at risk. Bonnie McCrystal gave Sydney's resignation letter to the tenant's lawyer and he used their false statements as evidence when he threatened to sue the Board in an attempt to pressure the remaining Board members into allowing the school to continue. Since his threats scared off two of the three new Board members, the Board will operate with three Directors until the school issue is resolved. After the lawsuit threats are gone, the new Directors will resume office.
- KB House Sales: There have been 5 house sales so far in 2020: Lot 65 for $975,000, Lot 57 for $950,000, Lot 86 for $770,545, and Lot 8 for $975,000. Lot 57 sold a 2nd time 8 months later for $977,000. Both sales for Lot 57 were record highs for a one-story home.
- Baldwin Beach Erosion: Here is a slideshow showing the damage inflicted on the pavilion at Baldwin Beach during the months of August & September 2020 by powerful ocean waves. The County had to cut off the front third of the structure.