I read with some dismay the article from Olga Alford and would like to extend my sympathies for her experience with her AOAO. While she is correct for the most part, concerning the trials we all go through with developers who many times must sell one building in a project in order to complete it while sales have already begun for the next one, all owners associations are not alike. Covenants, Conditions and Restrictions (CC&Rs) are almost boilerplate with the names just changed to reflect the new development. They are necessarily written in legalize because they have to address all the language in 514 A&B Hawaii Revised Statutes Hawaii, Condominium Property Act. Now I have to say that anytime in life that someone is about to sign a document they don’t understand the only logical (if painful) thing to do is have it explained by an attorney.
I read with some dismay the article from Olga Alford and would like to extend my sympathies for her experience with her AOAO. While she is correct for the most part, concerning the trials we all go through with developers who many times must sell one building in a project in order to complete it while sales have already begun for the next one, all owners associations are not alike. Covenants, Conditions and Restrictions (CC&Rs) are almost boilerplate with the names just changed to reflect the new development. They are necessarily written in legalize because they have to address all the language in 514 A&B Hawaii Revised Statutes Hawaii, Condominium Property Act. Now I have to say that anytime in life that someone is about to sign a document they don’t understand the only logical (if painful) thing to do is have it explained by an attorney.
As to Common Property, first observation of the property should be enough to identify common areas and they are almost always described in the CC&Rs. Even before our complex was complete it was obvious that there was going to be a great deal of landscaping, a swimming pool, hot tub ,workout center and barbeque area. Depending on how the CC&Rs are written, some maintenance of the buildings can also be common responsibilities.
I have been an owner at our community since before it was built and on the board of directors since its inception. Our board has always worked to make the management of the property as transparent as can possibly be. Our board meetings are always announced in advance by notice on the trash enclosures and by email, and owners are always encouraged to attend. Our newsletters are sent to owners after board meetings and financials are always available on our website and distributed at the annual meeting. Directors are elected on rotating terms and nominations are always available from the floor. If someone feels the need to change the way the association operates they have the opportunity annually to run for the board and get themselves elected.
Let me just sum it up and say again, it is apparent that all AOAO’s are not the same!
With Aloha from my home in Kona,
Tom Walton
President
Kona Sea Villas
