KO'OLANI

Homeowner beware of causing delays

Below in red are two unclear items causing some confusion

III. Community Rules Amendment

Please be informed that in order to avoid Owner-caused delays that may cripple the good progress of the Ko’olani repipe program, the Board of Directors has approved an amendment to the Community Rules for Ko’olani, to add a new Section 14.5 to the Community Rules for Ko’olani as follows

14.5 Fines and Fees for Owner Delay during Repipe Project: Due to the danger of potential leaks, the Board of Directors has mandated that the Ko’olani shall undergo a repipe consisting of replacement of the currently installed PEX potable water supply system to a copper potable water supply system.

14.5.1 During the course of this repipe, any owner having their Unit repiped by Sagewater, but delaying the Sagewater repipe schedule or making remobilization necessary, shall be fined a Delay Fine for remobilization of $300 per hour for the first three (3) hours of delay, $2,000 for any delay exceeding three (3) hours per day, and a third party observer fee of $750 per any additional day in excess of five (5) days that the third party observer is required to be present due to owner’s delay. If forced entry becomes necessary through the use of a locksmith, due to continued non-cooperation of the Owner, the fees and costs of doing so will be assessed against the Owner.

“Delaying the Sagewater repipe schedule or making remobilization necessary” is defined as:

.1 the Unit owner or Unit owner’s designated representative not being present and on time to attend the pre-repipe walkthrough;

.2 the Unit owner or Unit owner’s designated representative not being present and on time to provide access to the Unit on the first scheduled day of repipe work in their Unit;

.3 the Unit owner or Unit owner’s designated representative not being available during the entirety of the time period from noon until 5:00 p.m. on the fourth or fifth day of work in their Unit in order to create a punchlist;

.4 the Unit owner or Unit owner’s designated representative not being present and on time to inspect post-punchlist work; or

.5 the work for the Unit being postponed or delayed in order to allow the Unit owner or Unit owner’s representative to move Unit items which are in the way of Sagewater’s work.

Please clarify the following, below it looks as if a homeowner can have their unit re-piped by another contractor before and / or during the SageWater schedule?

14.5.2 In any of the above instances, if repipe must go forward in the absence of the Unit owner’s participation due to Unit owner’s non-cooperation, Unit owner shall be deemed to have waived all rights to provide input into their Unit’s repipe process and/or dispute any aspect of their Unit’s repipe process.

14.5.3 During the course of this repipe, any Owner having their Unit repiped by their own selected contractor shall be charged a daily fee of $750 for any and all repipe working days (complete or partial days) in excess of five (5) days to offset additional third party observer fees.

14.5.4 If any owner, regardless of with which contractor they are repiping, wishes to change the scheduled date of their Unit repipe, Owner will be required to pay a $5,000 change fee for additional professional, construction and administrative costs associated therewith and obtain the authorization of the Ko’olani Repipe Committee. No changes to the scheduled date will be permitted less than two (2) weeks before the scheduled date of owner’s Unit repipe.