Remodel Rules, Remodeling Checklist, and Contractor Agreement

During the last three years, I have experienced a significant increase in the number of unit remodels. A good number of these unit modifications were initiated without proper approvals, by new or maverick owners who, more often than not, did not fully understand that they own a condominium and that there are rules that must be followed.

Clearly, such owners need to be made aware that there are rules are in place for a number of reasons, including promoting the cohesiveness of the condominium community as well as protecting the value and integrity of each individual’s investment. Some owners do balk at such rules, but they need to understand that communal living differs significantly from the individualism that can be practiced by owners of single-family homes. The Hawaii Court of Appeals stated it succinctly:

“The uniqueness of the condominium concept of ownership has caused the law to recognize that each owner must give up some degree of freedom of choice he might otherwise enjoy in separate privately owned property.”

As a manager, one tries to be proactive to circumvent unnecessary melodrama and to help owners understand and follow rules before they are broken. Having said that, the following guidelines were developed after discovering several remodel projects well under way and where in one case I received a phone call that the electricity was out. Apparently a contractor was jack-hammering the concrete floor (of a ground floor unit) and hit an electrical conduit: no permission to remodel had been requested, no one seemed to know that it was required and, finally, this was a Board member’s unit.

These guidelines are simplistic and can be adapted for most properties. I trust they will be a springboard for other managers to customize and improve. In addition, I encourage Boards to add these as an Appendix to an Association’s House Rules to further educate and define unit modification requirements for owners.

REMODEL RULES

1. Advise Board of Directors of scope of work and anticipated time frame to accomplish said work. (Checklist attached)
   
   
2. Submit plans to Board of Directors for approval if plumbing, electrical or structural alterations are included in the scope of work. Await Board approval prior to commencing work consistent with XXXX of the Governing Documents.
   
   
3. All permits, schematics, and signed contractor agreement (attached) must be on file with the Resident/Site Manager prior to commencing work.
   
   
4. All sawing and power tool operations must be accomplished either in the unit or off property. Contractors are not permitted to utilize common areas, such as sidewalks or the parking area, for work areas, unless otherwise authorized by the Resident/Site Manager, provided there is no unreasonable disturbance to, or objection from, adjacent residents.
   
   
5. Contractors shall be permitted to work from 8:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. No work on Sundays.
   
   
6. All demolition material shall be disposed of off property. Association dumpsters are for everyday garbage only. No drywall, carpet, tile, cement sacks, plumbing remains or discarded furniture can be disposed of in the on-site refuse containers.
   
   
7. Tool clean up is permitted only in the designated area. No cement or grout waste can be disposed of in the plant material, sidewalks or parking area.
   
   
8. All contractors are required to check in and notify Resident/Site Manager of the unit number and type of work to be accomplished that day, whereupon Management will advise the contractor of parking, set-up location and designated areas for tool clean-up.
   
   
9. Should the association require outside consultants (engineers, architects, etc.) in order to evaluate/approve an owner's alteration to common elements, the owner will be responsible for contracting and/or paying for such services.
   
   
10. Owner is responsible that proper insurance is in place that will Hold Harmless from any and all claims related to the proposed work, the AOAO, and any other unit of the association.

REMODEL CHECKLIST

1. Write a letter to the Board of Directors requesting permission to undergo remodeling. Please provide the following materials. Omission of any of the following may delay the start of your project.
   
   
   1. Schematic drawings of the unit and planned changes.
   2. Name of contractors, their license numbers, and copy of their insurance.
   3. Signed agreement from each contractor(s) regarding our rules for contractors. See attached agreement form.
   4. Anticipated length of work
      
      
2. Await board approval prior to commencing work consistent with XXXXX of the Governing Documents. AFTER receiving written approval from the Board of Directors, obtain permits from the County for electrical and plumbing work.
   
   
3. Submit permits to the Resident/Site Manager. Work can now begin.
   
   
4. Upon completion of the work, you must place on file with the Resident/Site Manager the following:
   
   
   1. Signed-off permits from the county
   2. Updated schematic drawings detailing all work as completed.

CONTRACTOR AGREEMENT
WITH ASSOCIATION REMODELING RULES

Contractor Name and Type (i.e. plumbing, electrical, general, etc.) and License #:

______________________________________________

1. All County permits, schematics, and this signed agreement must be on file with the Resident Manager prior to work commencing.
   
   
2. Contractors shall be permitted to work from 8:00 a.m. to 5:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. No work on Sundays.
   
   
3. All contractors are required to notify Resident/Site Manager of the unit number and type of work to be accomplished that day. The Resident/Site Manager will advise the contractor of parking, set-up location and designated areas for tool clean up.
   
   
4. All sawing and power tool operations must be accomplished either in the unit or off property. Contractors are not permitted to utilize common areas, such as sidewalks or the parking area, for work areas, unless otherwise authorized by the Resident/Site Manager, provided there is no unreasonable disturbance to, or objection from, adjacent residents.
   
   
5. All demolition material shall be disposed of off property. Association dumpsters are for everyday garbage only. No drywall, carpet, tile, cement sacks, plumbing remains or discarded furniture can be disposed of in the on-site refuse containers.
   
   
6. Tool clean up is permitted only in the area indicated by the Resident/Site Manager. No cement of grout waste can be disposed of in the plant material, sidewalks, or parking area.

My signature below indicates that I have read and agree to compliance with the rules listed above:

Patrice Asuncion, CMCA, AMS, PCAM
Vice President of Kauai Operations
Certified Management, Inc.
Kauai, HI