Several of us on the AOBO Board have been working on these proposed new House Rules regarding High Risk Items. In principle, they are being proposed to ensure there is a formal procedure for the inspection and/or repair/replacement of any items which may constitute a danger to owners, guests and the property. Notice to owners regarding the inspections' findings is also included.
Please review them, think about them, talk about them and formulate your comments. You may send them to Marianne (marianne.thesken@outrigger.com) or bring them to the meeting in Kauai in May.
PROPOSED
RULES AND REGULATIONS
RULE I (7)
UPKEEP OF
CONDOMINIUM: HIGH RISK COMPONENTS
OF UNITS AND COMMON
ELEMENTS
Except to the extent provided by
the Declaration or Bylaws, the Association, “the Board”, is responsible for the operation of the
property, and each unit owner is responsible for maintenance, repair, and
replacement of the owner’s unit. The Board has determined that certain portions of the units, or certain
objects or appliances within the units, may pose a particular risk of damage to
other units or the common elements if they are not properly inspected,
maintained, repaired, and/or replaced by owners.
These items are determined by the Board to pose a particular risk and
are called “high risk components” for the purposes of this Rule. Such designations and rules are
consistent with the relevant sections of the Hawaii Code.
Such high-risk items include:
A. Clothes
washer and/or dryer machine installations, including but not limited to washing
machine hoses, venting equipment, and water heater components.
B. Water
heaters and water heater closets
C. Common
Element crawl spaces and other spaces appurtenant to and between units
D. Plumbing
and sewer drains
E. Electrical
lines utilizing common elements and/or common meters.
F. Improper use of circuit breakers within the
beachhouse
Certain rules are required
regarding these high risk components, as follows:
1. In order to
identify the maintenance necessary for the safe operation and performance of
the above-described high risk items, the
Board, through its general manager, shall perform an Inspection of such
items at least annually, or more frequently as may be required, where
reasonable to address specific concerns that have been identified by the
General Manager or management staff.
However, the venting equipment of high-risk components shall be
inspected and/or cleaned on at least a semi-annual basis, or more frequently if
considered prudent under the circumstances. The General Manager shall provide
owners at least ten (10) days notification that an inspection will be
performed.
2. Inspections
and repairs may be required whether or not the component is deteriorated or
defective. Such Replacements or Repairs may include additional components or
installations specified by the Board or
its General Manager.
3. The owner
and its on-site agent shall be notified
within fifteen (15) days of the results of the inspection and the items that
need maintenance or repair, unless the condition requires immediate action for
safety reasons and/or to protect the common elements or other beach
houses. Generally such maintenance or
repairs must be completed within one (1)
month of notification unless more immediate attention is required for purposes
of safety, as determined by the Association’s General Manager.
4. The
owner may arrange for the maintenance or repairs necessary for the proper
operation and performance of the high-risk components as detailed in the inspection results . Owner shall notify the
General Manager of owner’s undertaking the repairs within five (5) days of receiving
the inspection report. Such Replacements or new addition of such components
must be approved by the Board or its General Manager. Upon the completion of
such maintenance or repairs, owner shall notify the General Manager within five (5) days of the work’s completion.
5. General
Manager shall inspect the owner’s
replacement or repair to such high risk items.
Such replacement or repair must comply with all other rules regarding
installation or upgrade of such equipment.
6. If
the owner does not arrange for such maintenance and repairs within one (1)
month of receipt of the results of the inspection, the Board, through its
General Manager or designated agent, shall perform the required maintenance or
repairs at the owner’s expense. Notice
of such repairs shall be given to Owner within ten (10) days after completion. All such costs and expenses incurred by the
Board on the owner’s behalf shall be paid by owner and, if not, will become a lien on the unit.
7. All
Replacements or Repairs must meet particular standards or specifications
established by the Board. Such standards
must meet all safety requirements and County Code requirements, as well as
established standards and limitations, including Capacity Limitations,
considered prudent for utilization of common elements and for communal units
adjacent to other such units.
8. The Board or its General Manager may include requirements regarding the
licensing, training, or certification of contractors who are going to perform
such Replacements or Repairs.
9. When
personalty in or on the common elements of a project has been abandoned, the Board may sell the personalty in a commercially reasonable manner, store the
personalty at the expense of its owner, donate the personalty to a charitable
organization, or otherwise dispose of the personalty in its sole discretion
sixty (60) days after the following actions are taken:
(a) The Board shall notify the owner in writing, by
certified mail, return receipt requested, to the owner’s designated address or
last known address , or if an address is unavailable, advertise the
sale, donation, or disposition at least once in a daily paper of general
circulation within the County of Kauai. Such notice shall include:
(1) The identity and
location of the personalty; and
(2) The Board’s
intent to sell, store, donate or dispose of the personalty.
(b) The net
proceeds of any sale or disposition of personalty shall be held for the owner
for thirty (30) days. Any proceeds not claimed
within this period shall become the property of the Association.
11. These
requirements shall not relieve the unit owners of obligations regarding
high-risk components as set forth in these Rules established under the AOBOKP
By-laws including, without limitation, the obligation to maintain, repair, and
replace the components. Nothing in this
Rule shall be deemed to limit the remedies of the Board for damages, or injunctive relief, or
both.
Randy Danto Nordstrom
randy@kiahuna39.com
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