Why the KCA should be replaced
This article provides facts about the structure of the Koa'e Community Association (KCA).
The KCA board meeting notes of 9/17/22 begin with,
The KCA board meeting notes of 9/17/22 begin with,
"KCA is a non-governing, non-mandating body, a place where people in a [prescribed] geographical location can come together to share concerns and interests, find each other, and form committees to get things done."
Community associations typically provide governance, and the KCA is no exception.
The KCA board is a governing body. If it wasn't, there would be no need to address the many problems that exist with the structure of the KCA.
What's in question here is the KCA board, because it governs the "association". The board has a small following that shows up for meetings. Although the KCA board has the intention to represent the residents of an arbitrary geographic area, it actually only represent a relatively small number of residents.
Here's why the KCA board is a governing body:
- When the outside world has dealings with "our area," they interface with the chairperson of the KCA board. When a letter is sent to the postmaster, or a government official, it is on KCA letterhead and signed by the chairperson.
- When our area has a debate about anything, that debate is overseen by, and influenced by, the KCA board. Case in point: the mailboxes. Case in point: crime. Case in point: dealing with government officials during times of disaster or crisis.
- By its mere existence, the KCA board is the default governance for our area. A side effect of this is to block the emergence of better forms of governance.
- The KCA is a non-profit corporation registered with the state of Hawaii, with officers and a board of directors, calling itself a "community association". A non-governing body doesn't need this degree of official/legal status.
Problems with the KCA functioning as a governing body:
THE BOARD IS AUTHORITARIAN: The KCA board operates with authority, and autonomously, regardless of how the majority of local residents may feel about any given issue or concern.
YOU HAVE NO VOTE: As an owner-resident, you have no vote on any issues of concern. The KCA board's bylaws were written to give all power to the KCA board. Don't believe it? Read the bylaws. (Hint: saying you have a vote is not the same as you actually having a vote.)
THERE ARE NO ASSOCIATION MEMBERS: There are no actual "members" of this supposed "association". There's no membership process. The board maintains no list of members and their contact information. No members have signed-on and given their consent to be called "members," or to recognize the authority of the KCA board. In the board's bylaws, references to the "general membership" are referring to something that doesn't exist.
THE EMAIL LIST: "KCA Announce" is the megaphone of the KCA board. By subscribing to this email list, you are signing up to listen to the KCA board, but subscription doesn't make you a member of anything – except an email list.
THE BOARD ITSELF IS NOT LEGITIMATE: The KCA board's bylaws state that new board members may be nominated from the general membership, and the election of them is by a majority vote of the general membership, at the annual general meeting. But how can a vote of the general membership be taken when THERE IS NO MEMBERSHIP – i.e. no membership process, no list of members and their contact information, and NO WAY TO TAKE A VOTE? (There are about 140 properties in the geographic area, and a typical turnout at the annual meeting would be maybe 25 residents.) What does this all mean? It means that none of the current board members were legitimately elected, as per the rules in the bylaws.
BYLAWS SET IN STONE: The KCA board's bylaws, as written, essentially cannot be changed. They have not been changed in 18 years. This means all the problems inherent in the bylaws are set in stone.
NOT A COMMUNITY ASSOCIATION: The KCA board does not represent an actual "community association." They are a small group of people – a private, informal club – with a small following who show up for meetings. Anyone is welcome to participate, but you have no voting power. Only board members have voting power.
NO WEBSITE, NO TRANSPARENCY: The KCA board doesn't have a website, so there's no way for local residents to know what they are up to. This has been the case for 20 years. Virtually all community associations will have websites so that residents can get news and information – things like a list of the board members and officers, their contact info, membership info, documents and records, financial records, etc.
MISLEADING NAME: Using "Koa'e" in the name is misleading. Koa'e is the name of an historic ahupua'a. Papaya Farms Rd apparently does fall within the boundaries of the Koa'e ahupua'a. Beyond that, the rest of what the KCA board calls "Koa'e" is actually in the Pu'u'a ahupua'a and the Kula ahupua'a. So, it's completely inaccurate to call our area "Koa'e". On the map and on the road signs – we are Kapoho. [source: Map of the Ahupua'a of Puna, 2019, Kaylyn Ells-Hoʻokano and Drew Kapp.]
SUMMARY OF THE KCA
It's a small group of non-elected board members, no legitimate association members, no way for association members to vote on issues or concerns, arbitrary geographic area, no website, no financial records, etc. This fits the definition of an authoritarian body.
If you have any comments about the above facts, please email: This email address is being protected from spambots. You need JavaScript enabled to view it.
It's a small group of non-elected board members, no legitimate association members, no way for association members to vote on issues or concerns, arbitrary geographic area, no website, no financial records, etc. This fits the definition of an authoritarian body.
If you have any comments about the above facts, please email: This email address is being protected from spambots. You need JavaScript enabled to view it.