House and Contractor Rules apply to all Contractors and their employees/workers/subs.
Violations will lead to fines being levied against the owner for whom you are working.
All Contractors must meet with Resident Manager prior to start of Project.
1) All Contractors and their employees/workers/subs must register at the office every day they are on site, giving their license plate number, apartment where they are working, and the nature and duration of the work to be performed.
2) Except for holidays, Contractor is allowed to work from 8:00 a.m. to 5:00 p.m., Monday to Friday. NO WEEKEND WORK ALLOWED
3) All job materials and equipment must be unloaded at the loading dock in the basement, not via the lobby. Grocery carts are not for the use of contractors or workers.
4) After unloading supplies, vehicles are to be parked in the parking stalls along the street side of the parking lot. If there is not sufficient space there see the Front Desk for alternate parking approval.
5) Contractors are liable for damage and/or waste (dirt or debris). The management is the sole determining agent as to what is dirty or damaged. Corridors, entries, lanais and elevators must be cleaned throughout the day and at the end of the day before Contractors leave the property.
6) All work will be conducted within the confines of the apartment or in the basement area. No work areas are to be set up in the corridors, the parking lot or on the lawn.
7) Material, tools, cabinets, debris and any other items may not be left sitting in the hallways at any time.
8) No construction debris is to be put in the Association’s dumpsters. Please haul your work debris away with you.
9) Water and electrical shutoffs will require a minimum of 24 hours notice. No electrical shutoffs are permitted during the last two weeks of the second month of any quarter in order not to interfere with the electrical submitter system.
10) Loud radios and any other audio devices may not be used in such a manner as to be audible outside the apartment where work is being done.
11) Contractors and their employees are to remember that elevators are for the convenience of the owners and guests. Holding or blocking the elevators or leaving items in them unattended is prohibited.
12) Only licensed contractors are to be used when the work interfaces with any electrical or plumbing of the common element. All work done to plumbing and electrical requires a final inspection to be performed by the Resident Manager prior to closing up walls. Contractors must abide by the house rules and the specifications / procedures contained in appendix A- H.
13) There will a $25 per day charge for use of the Association electrical power payable by either the contractor or the owner if the contractor does not pay. This charge will be made for any day, or part thereof, that a contractor uses an outlet in the corridor.
14) A deposit of $500 will be required to cover potential damages and/or additional cleaning caused by the remodel. All or part of the deposit will be returned after the remodel is completed. Any repairs or cleaning beyond the $500 will be billed to the owner and the owner will be notified of major charges as they are incurred. The Resident Manager, without prior board approval, can fine a contractor up to $50 for each violation of a House or Contractor Rules and up to an additional $50 if the violation is not corrected in a timely manner. Such fines should be reported to the Board and the unit owner via email in a timely manner. The Resident Manager will also require a contractor, as stated above, to either repair or pay for the repair of any damage they caused in addition to any fines. With approval of the Board President, larger fines can be levied for violation of Contractor Rules.
RELEASE AND INDEMNITY AGREEMENT CONTRACTOR (S) WORKING FOR UNIT OWNERS OR THE HOMEOWNERS ASSOCIATION AT THE ROYAL MAUIAN
RECITALS
The Royal Mauian located at 2430 S. Kihei Rd Kihei HI 96753("the Project"} is a condominium project created under Hawaii Revised Statutes. The Association of Apartment Owners of the Royal Mauian ("the Association"), through its Board of Directors ('"The Board") is responsible for the management and operation of the project.
____________________________ ___________________________
Contractor Name (Print) Phone
_______________________
Mailing address (Print)
(“Contractor") provides a remodeling service for an owner of a unit _____at the project.
To protect the association members and the board from liability and claims arising from Contractor’s operations at the Project, The Association and their Board require the Contractor to confirm that he (she/they) will meet all building code and other legal requirements for the services they provide at the Project. In addition the Association and the Board require the Contractor to both (1) release them from all claims, which the Contractor may make against them (2) indemnify them against alt claims and liabilities arising from Contractor’s operations at the project.
AGREEMENT
In consideration of being allowed to provide its services at the Project, the Contractor agree to the following:
1.) Contractor will at all times maintain property and liability insurance sufficient to insure Contractor against any claims resulting from Contractor’s operations at the Project. Contractor will place the Association as an additional primary insured on their policy. Contractor will also maintain workmen’s' compensation insurance for all employees.
2.) Contractor will assure that employees and agents of Contractor who come into the project, are qualified for the work they perform, and to the extent permitted by law, have been screened to insure that they represent no unreasonable risk of harm to anyone else at the project.
3.) Contractor, on behalf of Contractor and Contractor’s heirs, personal representatives and assigns releases the Association and it's officers, directors, agents insurers employees successors and assigns from all claims, actions, causes of actions, liability, demands or damages of any type including, but not limited to all claims for delay damages, consequential damages, inconvenience, breaches of contract and warranty, mental and emotional distress, lost profits or for any other additional losses, damages or injury to person or property resulting from any action or non action by the Association and it's officers, directors agents insurers, employees.
4.) Contractor, on behalf of Contractor and Contractor's heirs, assigns, and personal representatives agrees to indemnify, defend and forever hold harmless the Association and it's officers, directors, agents, insurers, employees, successors and assigns, from and against all liability, costs, and expenses (including attorney's fees) resulting from any claim demand suit action or cause of action which may be asserted by or on behalf of any person (including the Association's members) for injury, or damage to person or property (including the Project) arising from Contractor’s operations at the project.
5.) Contractor admits that neither the Association, the Board nor anyone on their behalf has made any agreement to do or to omit to do anything not mentioned in this agreement; that no representation of fact or opinion has been made other than as expressed here; that Contractor has full knowledge of the facts and has consulted with Contractor’s own attorneys, or has had ample opportunity to do so; and that this document contains the entire agreement between the parties.
6.) Contractor understands that to avoid interfering with or controlling, the Contractor's operations at the project, The Board and the Association are relying on the Contractor's representations in this agreement and not undertaking any independent investigation of those representations. Nevertheless, the Contractor agrees that, upon request, the Contractor will provide the Board with appropriate documentation to confirm the Contractor’s representations made in this agreement.
7.) In executing this agreement, the Contractor specifically understands and agrees that this release shall be a complete bar to all claims by the Contractor for injury or damage to person or property or for loss or expense of any type resulting from the operation of the project by the association or the board.
8.) Interpretation of this agreement shall be governed by Hawaii law. The prevailing party in any dispute concerning the interpretation or application of this agreement shall be entitled to collect reasonable attorney's fees. Any of the provisions, which are ruled invalid shall be deemed severed, and the remainder of its provisions shall remain in effect.
Executed at Kihei, Hawaii, this _____day of _________________ _____
Month Year
________________________ _______________________ ______________
Contractor’s Signature Print Name Title
________________________ _______________________ ______________
Witness Signature Print Name Title
APPENDIX A - RESPONSIBILITIES
Owner Responsibilities:
All windows, sliding glass doors, hot water heaters, appliances, garbage disposals, air conditioners, plumbing including the unit’s shutoff valve and electrical fixtures including circuit breakers, fans, and front door hardware (locks, peep holds, closures, door knobs, etc.) are part of the unit. Therefore, owners are responsible for the cost of maintenance and replacement of them. Structural and watertight integrity of all walls, ceilings, floors, doors and windows must be preserved.
Royal Mauian Association Responsibilities:
Front doors to apartments, but not their hardware (locks, peep holds, closures, door knobs, etc.), unit entrance way lights and carpets, lanai railings, plumbing pipes up to, but not including, the unit’s shutoff valve, electrical sub-meters, electrical conduits and wires up to, but not including, the unit’s circuit breaker box and water shut off valves serving more than one unit. (i.e. the main lines) are part of the Common Elements and therefore a responsibility of the Association. Replacement of front doors for termite damage but not their hardware (locks, peep holds, closures, door knobs, etc.), unit entranceway lights and carpets, hallway dryer vent covers and lanai railings are an Association responsibility. When replacing a door for termite damage the staff will install or reinstall simple doorknobs and locks only. Owners must arrange for the installation or reinstallation of peep holes, digital and other complex locks, etc.
APPENDIX B - VENTING OF DRYERS
Owners are required to vent their dryers to the outside hallway, not to the kitchen stack or roof. The only exception is those owners that have installed a vent-less (condensation) dryer. Venting of dryers into the stack is prohibited due to the fire hazard. The Association will maintain the hallway vent cover.
APPENDIX C - LANAI FINISHED AND WATERPROFFING
Lanai wall finishes must be either mirrored or painted the building color. No paneling, carpet, stone, tile, etc. maybe affixed to the lanai walls.
When replacing the lanai carpet you must apply water proofing to the lanai concrete surface before installing the new carpet. The Resident Manager will provide the water proofing at no cost, however the application is the owner’s responsibility.
Painting of the lanai is an owner’s responsibility and the Resident Manager will supply the paint.
APPENDIX D - FLOORING
If a hard surface floor (tile or wood) is installed or replaced in a unit sound-reduction material needs to be installed under the flooring. This material must be non-toxic and have an Impact Insulation Class (IIC) rating of at least 68 as measured by ASTM E989 and a Sound Transmission Class (STC) rating of at least 72 as measured by ASTM E492-90 or the equivalent rating using the then current ASTM standard.
APPENDIX E - WINDOWS AND DOORS
Overall rule: Replacement of all windows and doors shall comply with the Maui County Code and any other applicable code.
Louver Windows: Existing louver windows shall be replaced with the following 102 mm clear anodized aluminum louver window frame mechanisms and one of the following types of ¼ inch glass: a) clear, b) medium gray tinted clear, c) obscure un-tinted, or d) medium gray tinted obscure glass. All screens must be interior clear anodized aluminum framed screens. All shower louver windows must have tempered glass.
Awning and Awning/ Fixed-glass Window Assemblies: Awning and Awning/fixed-glass window assemblies shall be replaced clear anodized aluminum framed windows in a configuration matching the existing being replaced, with ¼” (minimum) medium gray tinted glass, except for the ground floor which may have 1- way mirrored glass. The assemblies at a minimum shall comply with the requirements for a C40 window. The awning window portions of the assembly shall be provided with interior clear anodized aluminum framed screens. All anodic coatings shall be commercial grade Architectural Class 1 Anodic Coatings. Glass to glass, and glass to outside of aluminum frame, measurements shall be as noted in the following table. The sealant-filled gap between the replacement window aluminum frame and the surrounding supporting structure shall be 1/8” (maximum). All awning/fixed-glass bedroom window assemblies shall have a minimum width of 86-1/2” from outside of aluminum frame to outside of aluminum frame. The aluminum frames in the fixed glass portion of these assemblies shall be 35-1/2" apart horizontally. The three awning windows to either side of the fixed-glass in these assemblies shall all be of equal size.
Maximum Glass to Glass or Glass to Outside Frame Distances
Owner Responsibilities:
All windows, sliding glass doors, hot water heaters, appliances, garbage disposals, air conditioners, plumbing including the unit’s shutoff valve and electrical fixtures including circuit breakers, fans, and front door hardware (locks, peep holds, closures, door knobs, etc.) are part of the unit. Therefore, owners are responsible for the cost of maintenance and replacement of them. Structural and watertight integrity of all walls, ceilings, floors, doors and windows must be preserved.
Royal Mauian Association Responsibilities:
Front doors to apartments, but not their hardware (locks, peep holds, closures, door knobs, etc.), unit entrance way lights and carpets, lanai railings, plumbing pipes up to, but not including, the unit’s shutoff valve, electrical sub-meters, electrical conduits and wires up to, but not including, the unit’s circuit breaker box and water shut off valves serving more than one unit. (i.e. the main lines) are part of the Common Elements and therefore a responsibility of the Association. Replacement of front doors for termite damage but not their hardware (locks, peep holds, closures, door knobs, etc.), unit entranceway lights and carpets, hallway dryer vent covers and lanai railings are an Association responsibility. When replacing a door for termite damage the staff will install or reinstall simple doorknobs and locks only. Owners must arrange for the installation or reinstallation of peep holes, digital and other complex locks, etc.
APPENDIX B - VENTING OF DRYERS
Owners are required to vent their dryers to the outside hallway, not to the kitchen stack or roof. The only exception is those owners that have installed a vent-less (condensation) dryer. Venting of dryers into the stack is prohibited due to the fire hazard. The Association will maintain the hallway vent cover.
APPENDIX C - LANAI FINISHED AND WATERPROFFING
Lanai wall finishes must be either mirrored or painted the building color. No paneling, carpet, stone, tile, etc. maybe affixed to the lanai walls.
When replacing the lanai carpet you must apply water proofing to the lanai concrete surface before installing the new carpet. The Resident Manager will provide the water proofing at no cost, however the application is the owner’s responsibility.
Painting of the lanai is an owner’s responsibility and the Resident Manager will supply the paint.
APPENDIX D - FLOORING
If a hard surface floor (tile or wood) is installed or replaced in a unit sound-reduction material needs to be installed under the flooring. This material must be non-toxic and have an Impact Insulation Class (IIC) rating of at least 68 as measured by ASTM E989 and a Sound Transmission Class (STC) rating of at least 72 as measured by ASTM E492-90 or the equivalent rating using the then current ASTM standard.
APPENDIX E - WINDOWS AND DOORS
Overall rule: Replacement of all windows and doors shall comply with the Maui County Code and any other applicable code.
Louver Windows: Existing louver windows shall be replaced with the following 102 mm clear anodized aluminum louver window frame mechanisms and one of the following types of ¼ inch glass: a) clear, b) medium gray tinted clear, c) obscure un-tinted, or d) medium gray tinted obscure glass. All screens must be interior clear anodized aluminum framed screens. All shower louver windows must have tempered glass.
Awning and Awning/ Fixed-glass Window Assemblies: Awning and Awning/fixed-glass window assemblies shall be replaced clear anodized aluminum framed windows in a configuration matching the existing being replaced, with ¼” (minimum) medium gray tinted glass, except for the ground floor which may have 1- way mirrored glass. The assemblies at a minimum shall comply with the requirements for a C40 window. The awning window portions of the assembly shall be provided with interior clear anodized aluminum framed screens. All anodic coatings shall be commercial grade Architectural Class 1 Anodic Coatings. Glass to glass, and glass to outside of aluminum frame, measurements shall be as noted in the following table. The sealant-filled gap between the replacement window aluminum frame and the surrounding supporting structure shall be 1/8” (maximum). All awning/fixed-glass bedroom window assemblies shall have a minimum width of 86-1/2” from outside of aluminum frame to outside of aluminum frame. The aluminum frames in the fixed glass portion of these assemblies shall be 35-1/2" apart horizontally. The three awning windows to either side of the fixed-glass in these assemblies shall all be of equal size.
Maximum Glass to Glass or Glass to Outside Frame Distances
Lo Location
Distance in Inches
Head @ Awning
2 - 3/4
Head @ Fixed Glass
2 - 1/8
Sides
3 – 1/2
Sill @ Awning
3
Sill at Fixed Glass
2 – 1/8
A Awning to Awning (horizontal member)
4 – 1/2
Distance in Inches
Head @ Awning
2 - 3/4
Head @ Fixed Glass
2 - 1/8
Sides
3 – 1/2
Sill @ Awning
3
Sill at Fixed Glass
2 – 1/8
A Awning to Awning (horizontal member)
4 – 1/2
Sliding Glass Doors: Sliding glass doors shall be replaced with clear anodized aluminum framed glass doors in a configuration matching the existing doors being replaced, that is their height should be floor to ceiling and the side panels should be the same width on one and two bedroom units lanais. The side panels on the three-bedroom unit lanais may be replaced with wider side panels (approximately 12 inches wider) to conform to the C40 requirement. When an air-conditioner is being installed the side panel needs to be changed. See appendix F for specifications. Sliding glass doors can open either from the center or the side. They must have 1/4" (minimum) clear or medium gray tinted glass except on the ground floor. The ground floor lanai sliding glass doors may also have 1-way mirrored glass. All glass doors shall at a minimum comply with the requirements for a C40 aluminum frame glass door. The sliding doors shall be provided with clear anodized aluminum framed screens and stainless steel wheels. All anodic coatings shall be commercial grade Architectural Class 1 Anodic Coatings. Thermal glass and an ADA compliant threshold may be used. The sealant-filled gap between the replacement aluminum frame glass slider and the surrounding supporting structure shall be 1/8" (maximum).
Unit entry doors - Replacement of front doors for termite damage but not their hardware (locks, peep holds, closures, door knobs, etc.), unit entranceway lights and carpets, hallway dryer vent covers and lanai railings are an Association responsibility. When replacing a door for termite damage the staff will install or reinstall simple doorknobs and locks only. Owners must arrange for the installation or reinstallation of peep holes, digital and other complex locks, etc.
With the Resident Manager’s approval a cream color security screen door with a pattern the same or similar to the ones currently installed (Tru-Frame Security Door) are permitted.
APPENDIX F - AIR-CONDITIONERS
The installation of air-conditioners requires approval of the Resident Manager.
When installing an air-conditioner unit on the lanai, the side panels of the large sliding glass door should be reduced by six inches on each side and chases installed in the six-inch spaces. The chase should be painted the same color as the building.
The piping for the air-conditioner should enter the unit through one of the six-inch chases and no other piping should be placed on the lanai. All necessary piping to install the air-conditioning should be inside the unit.
APPENDIX G – ELLECTRICAL, ELECTRICAL CIRCUIT BREAKERS AND SUB-METERS
No electrical wires may be concealed in the expansion joints or notched into the slabs.
The maximum allowable capacity of a unit’s electrical service is 125 AMP; therefore the main circuit breaker for a unit cannot be greater than 125 AMPS.
Electrical circuit breakers and sub-meters should not be moved from existing location within your unit without prior approval of the Resident Manager. No electrical shutoffs are permitted during the last two weeks of the second month of any quarter, in order not to interfere with the electrical submitter system.
If any electrical work involves the sub-meter or circuit breaker box the owners/contractors must contact the Resident Manager to arrange for the Association’s electrician to disconnect, remove and / or install the electrical sub-meter as required. The owner will be charged the actual cost for this work. Sub-meters should not be tampered with in any way.
Only licensed contractors are to be used when the work interfaces with any electrical or plumbing of the common element. All work done to plumbing and electrical requires a final inspection to be performed by the Resident Manager prior to closing up walls.
APPENDIX H - TENSION CABLES
When a unit is remodeled any exposed tension cables or rebars must be treated as prescribed by Scot Lisavich, a structural engineer, and the Association will reimburse the unit-owner $250. See Contractor Rules for details. See specifications on the next two pages.
SEE PDF. FOR MORE DETAILS INCLUDING DRAWINGS