Seven years ago, less than six months after moving in, quite by accident I became president of my HOA. It was at my first board meeting, volunteering only to fill a vacancy. The night before someone asked me to be president. There seemed to be a constituency that wanted me, and so why not? Apparently the only other willing member already had a full plate.
The board had recently hired professional management to do the complex and tedious work, leaving the president to chair meetings and provide leadership. There were many challenges, but it is gratifying to be the person people could call for help. Though later replaced, (deposed for not enough fining!) some people still consider me the go-to-guy. It helps to be involved in other organizations like the Kona Crime Prevention Committee.
As with any political position there are conflicting points of view. Some say that we have rules so that we can enforce them. There is a better reason than that. The rules are a shield not a sword. You have rules so that when someone does something rude or dangerous there is a clear line he has violated and you don’t have to figure out some original way to deal with it.
For example: alcohol on the beach. Many places it is illegal. Do we really want the police checking every picnic basket for contraband? What we do want is a law that makes it more efficient for the police to deal with problem drinkers. Drunkenness can be hard to prove, disorderliness can be vague, but possession is clear. Possession is the one offense that probably won’t be dismissed, or involve endless litigation. The same logic applies to dog-off-leash, or inconsiderate parking. No harm, no discipline.
Community bylaws have many covenants. Things you may or may not do. The point of such rules is to maintain a safe, healthy, orderly and attractive community where people want to live and to maintain property value. The goal should not be to punish members as often as possible. When a violation is perceived, the first question might be whether any harm has been done.
Many HOA rules require foliage to be trimmed to preserve views. Sounds simple, but this is Hawaii. Everything grows really fast. Is an owner entitled to the view he bought, or the view he might have if all his neighbors cut their landscaping down to his specification? What about landmark or historic trees? What does view-plane really mean? A Norfolk pine can enhance the view by providing reference. Some tree species are considered sacred and might be hundreds of years old. Cut the top off a palm and it dies. Trim it properly and it hardly blocks the view. Would you rather look at scenery or roofs? Not everyone agrees. Some rules become obsolete. Satellite dishes have shrunk from size of a dining table to a dinner plate. Solar panels are new, but revising bylaws is tedious and in some cases nearly impossible.
The state and county have codes and laws with serious legal power to enforce them. They can actually arrest people. An HOA has limited power and can only use the civil courts to enforce rules when a consensus does not work. Diplomacy is important. Encourage people to negotiate or mediate their differences. You do not ingratiate yourself with the neighbors by fining them for trivialities. Collecting fines is even harder than collecting the operating fee. Some say, “I don’t care. Put a lien on the property and you can collect it when I die.” This is grossly unfair to the neighbors who pay their obligations timely to keep the association functioning. The association will not get its fair share under Hawaii’s delinquency laws so not paying amounts to stealing from the neighbors, like not paying taxes that pay for civilization and public works. Peaceful resolution ends better than brute force.
Ken Obenski is a forensic engineer, now safety and freedom advocate in South Kona. He writes a semi monthly column for West Hawaii Today. Email obenskik@gmail.com.