House Rule on Water Leaks and Inspections

The Board voted and passed the new House Rule regarding water leaks and inspections.  Thanks to everyone who took the time to share their thoughts and comments on the proposed rule.  The Legal Committee considered every single comment and did in fact adopt many of the suggestions.

The bottom line is that the AOBO will be conducting inspections in every unit to test for the presence of moisture and/or leaks.  The AOBO will be paying for these inspections.  However, any repairs that need to be made are the responsibility of the individual owners and while the AOBO will be performing the repairs, owners are responsible for those costs and owners will be billed by the AOBO.

Please feel free to contact me with any questions.
Randy@kiahuna39.com

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            AOBO

     HOUSE RULE

MOISTURE AND WATER LEAKS

 The condominium project has experienced a number of occurrences where water leaks, spills or other moisture events within one beach house have given rise to mold in that beach house, in the common elements and in other beach houses within the building. Mold most frequently occurs as the result of moisture from water leaks and similar events.  Mold can be a hazardous material and its presence may pose a health risk to owners, guests and personnel. As a result of this, the Board of Directors had determined it is necessary to adopt a house rule to respond to these situations.

LEAKS

It is important to immediately address any leaks or standing moisture as it will quickly find its way through the ceilings, walls and floors and cause damage to surrounding units and common elements and create an environment in which mold can grow.   Each owner and their rental agent have a duty to report immediately to the AOBO’s Managing Agent the presence of leaks or standing moisture within their beach house. Upon the discovery of the presence of moisture or a leak within a unit, the owner and owner’s rental agent will be immediately notified by the managing agent.  Once the Association is notified of the presence of a leak or standing moisture within a beach house, it will conduct tests to determine the source of the leak or standing moisture, its severity, and whether it has penetrated or has occurred within the common elements, or penetrated or occurred within another beach house.  Testing may include, without limitation, moisture level measurements and testing for the presence and source of leaks.

PERIODIC INSPECTION

In addition, the Association may periodically inspect and conduct tests within beach houses for the presence of moisture and water leaks as it deems necessary or prudent. Inspections by the Association will be coordinated by the Managing Agent with notice to the beach house owner and such owner’s rental agent and will be conducted without inconvenience to guests, where practicable. The Association will pay for the costs associated with performing these periodic moisture level inspections.

REPAIRS AND REMEDIATION

The Managing Agent will arrange for the repair of the leak, the removal of the standing moisture and  will undertake remediation by qualified and trained personnel. Once the source of the moisture is eliminated, the affected area must be dried completely to prevent the growth of mold.  Depending upon its severity, this could involve a variety of methods, including removal of drywall, application of fans or heaters, and/or removal of carpet. A unit may need to be taken out of service to ensure the proper repairs.

EXPENSES RELATED TO REPAIR AND REMEDIATION

If the source of the water leak is determined to have originated within an owner’s unit, all expenses incurred by the Association in repairing the water leaks, removing standing moisture, and remediation, including but not limited to, costs associated with the use of certain equipment and the labor costs associated therewith, will be at that unit owner’s expense and shall be reimbursed by the owner upon billing from Managing Agent as provided for in the applicable Hawaii Revised Statutes (HRS) sections 514B-104(11), 514B-144(d), 514B-145, and 514B-146 and any other relevant statutes. Owners are responsible for all costs associated with repairing common elements damaged as a result of owners’ water leak and may be responsible for costs associated with other beach houses damaged as a result of leaks or moisture originating within their beach house. The Association will pay for the costs of the initial inspections.

REPORT TO OWNERS AND RENTAL AGENT

The results of all inspections, including any leaks, repairs and damages will be documented by the Managing Agent and provided to the affected owner, the owner’s rental agent, and the AOBO.