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.
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