Legal clarification on common elements and owner responsibility for leaks

In May 2015,  the Board adopted a House Rule regarding moisture and water leaks.  Kiahuna has experienced water leaks and other moisture related events in the past couple of years. These cases of mold and water damage have been very expensive and traumatic for the Association and the owners that were effected.  In several of these cases there have been disputes as to liability between various homeowners, and between homeowners and the Association. 

In order to ensure that the Association is interpreting liability accurately and legally, the Board requested clarification from our outside legal counsel regarding the distinction between common elements, limited common elements, and individual beachhouse property. The clarification of elements and liability is attached for your review.

 The Board  is advising Owners of their obligations to maintain fixtures and lines in their units; and, their financial responsibility for any damages arising from leaks within the four walls of their units or from a limited common element appurtenant to their unit as explained in the attached legal opinion.

          We have made tremendous progress this past year in the remediation of several incidents of water and mold damage and this is a critical step toward preventing these types of problems from developing, and it will be very important for every owner to help us in our vigilance in keeping this in check.  Each owner is advised to be sure to check for the existence of moisture in your unit: under the sinks (kitchen and bathroom) as well as water lines for ice makers.  We recommend purchasing inexpensive rubbermaid bins to place under the sinks to ensure any water won't go any further than the bins.

          As part of the new House Rule, there will be annual inspections of each unit for the presence of moisture.  We also will be replacing toilet wax rings.  You will be notified of the results of the moisture testing in your unit.

          Here is the legal opinion from our counsel in Honolulu.  It basically lets owners know that you are responsible for any resulting damages that arise from leaks within your units.  That extends to your neighbors above and next door.  The AOBO will not mediate disputes between owners.  It is also critical that you are sure you have HO-6 insurance coverage which may provide insurance coverage for water and/or mold damage as well as loss of rents.

Any questions: Please direct them to me:

Randy@kiahuna39.com

I will direct your questions to the correct person.