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  1. #1
    mksylw is offline Junior Member
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    Non Payment of Condo Association Dues

    What is the name of your state (only U.S. law)? Hawaii

    Kailua Village Condo Association (KVCA) bylaws provide that a condo owner's refusal to pay association dues may cause his electricity to be disconnected. We reason that since the power lines pass thru common walls, the condo owner must pay his "fair share" usage of the common walls. (The Hawaii Landlord-Tenant Act forbids a Landlord from shutting off tenant's power for non-payment of rent. We reason that his is not applicable since KVCA is not the landlord, and the condo owner may or may not be the condo tenant.) Do the KVCA bylaws violate any other Hawaii laws regarding this problem?? Thank you

    Milt Sylwester (KVCA Board Of Directors)
    [email]mksyl@hawaiiantel.net[/email], (808)-326-7181
    75-5766 Kuakini Hwy #206
    Kailua Kona, Hawaii 96740
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by mksylw View Post
    What is the name of your state (only U.S. law)? Hawaii

    Kailua Village Condo Association (KVCA) bylaws provide that a condo owner's refusal to pay association dues may cause his electricity to be disconnected. We reason that since the power lines pass thru common walls, the condo owner must pay his "fair share" usage of the common walls. (The Hawaii Landlord-Tenant Act forbids a Landlord from shutting off tenant's power for non-payment of rent. We reason that his is not applicable since KVCA is not the landlord, and the condo owner may or may not be the condo tenant.) Do the KVCA bylaws violate any other Hawaii laws regarding this problem?? Thank you

    Milt Sylwester (KVCA Board Of Directors)
    [email]mksyl@hawaiiantel.net[/email], (808)-326-7181
    75-5766 Kuakini Hwy #206
    Kailua Kona, Hawaii 96740
    **A: you really need the HOA legal counsel to respond to this. There are varied state and federal laws to be cognizant of as well as reviewing the HOA docs for compliance with such laws. If there is a discrepancy, governmental laws prevail over HOA regulations.
    By the way, you guys still got the vog over there?
  3. #3
    mksylw is offline Junior Member
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    "Cagey" attorney no help

    Thanks for your response. Our HOA Attorney could only quote the Hawaii Landlord-Tenant Act, since there is apparently no other precedent to address this situation. Our HOA is reluctant to make this a test case given that we are all now living in a lawsuit happy world. Yes, we still have the vog and its getting worse. The original Pu'u O vent at Kilhuea volcano has been pumping out 200 tons/day of vog since 1973, which was a minor annoyance. Since last March, the main crater Halema'uma'u has been pumping out an additional 1,500 tons/day. About the closest we get to pure, fresh air is the north part of the island, 30 miles away.
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by mksylw View Post
    Thanks for your response. Our HOA Attorney could only quote the Hawaii Landlord-Tenant Act, since there is apparently no other precedent to address this situation. Our HOA is reluctant to make this a test case given that we are all now living in a lawsuit happy world.

    **A: the attorney should be quoting HRS 514B whereby the HOA could pass a resolution
    with approval from the majority of the homeowners to be able to collect rent directly from tenant. Then use this money to pay the delinquent HOA fees including the electricity cost.

    ############



    Yes, we still have the vog and its getting worse. The original Pu'u O vent at Kilhuea volcano has been pumping out 200 tons/day of vog since 1973, which was a minor annoyance. Since last March, the main crater Halema'uma'u has been pumping out an additional 1,500 tons/day. About the closest we get to pure, fresh air is the north part of the island, 30 miles away.


    **A: maybe we can send you some from LA. Oops, that's not any better.
  5. #5
    TinkerBelleLuvr is offline Senior Member
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    I'm still trying to figure out how someone who is not on the electrical bill can have the electricity shut off. That's like my HOA saying that you bad, I'm calling the electric company and having your power shut off cuz you didn't pay the HOA bill. Believe me, I understand about the conduit and all, but ...

    Now, will the HOA be liable for any spoilage of food? Anyone in the apartment who is dependent for their life (thinking pumping oxygen here) using electricity? Are YOU going to pull the plug? Can you apply this policy on everyone, or would you make exceptions?
  6. #6
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Ginny J View Post
    I'm still trying to figure out how someone who is not on the electrical bill can have the electricity shut off. That's like my HOA saying that you bad, I'm calling the electric company and having your power shut off cuz you didn't pay the HOA bill. Believe me, I understand about the conduit and all, but ...


    **A: in this case, the HOA pays the electric bill since it is a common element.

    ############

    Now, will the HOA be liable for any spoilage of food? Anyone in the apartment who is dependent for their life (thinking pumping oxygen here) using electricity? Are YOU going to pull the plug? Can you apply this policy on everyone, or would you make exceptions?


    **A: of course there are exceptions.
  7. #7
    TinkerBelleLuvr is offline Senior Member
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    We reason that since the power lines pass thru common walls, the condo owner must pay his "fair share" usage of the common walls.
    He didn't say they pay the electric bill. He says that the power lines go thru common walls. The apartment owner would pay the electricity used within the apartment. THAT is what he is asking - can that be cut off? I think not.

    Now, could he be cut off from use of various common areas? THAT would depend on what is written in the CR&R.
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Ginny J View Post
    He didn't say they pay the electric bill. He says that the power lines go thru common walls. The apartment owner would pay the electricity used within the apartment. THAT is what he is asking - can that be cut off? I think not.


    **A: if the electric bill is payed by the individual owner and not by the HOA as a common expense, then the answer is no, the HOA cannot cut off the power.


    ##########
    Now, could he be cut off from use of various common areas? THAT would depend on what is written in the CR&R.


    **A: yes, in most cases.
  9. #9
    mksylw is offline Junior Member
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    added clarification to all the responses

    In cases where the "delinquent" condo owner is renting to a tenant, the condo association already collects the rent directly from the tenant, per Hawaii Landlord-Tenant Act. However, in most cases the condo owner occupies the condo and there is no rent to collect. In all cases, the condo owner pays for his power directly to Hawaii Electric Company (HELCO). All condo units have individual HELCO power meters, and all meters are located within the condo association's "electric supply room". Since the condo owner's power traverses from the HELCO power meter to the condo owner's unit VIA THE COMMON WALLS, we argue the condo owner is not entitled to utilize that which he is unwilling to pay his "fair share". Again, the Hawaii Landlord-Tenant Act forbids only a Landlord disconnecting power to a tenant, but does not address (nor apply) to a condo association disconnecting power to delinquent owner. Question: Does anyone know of any legal ruling anywhere (but hopefully Hawaii) which addresses the issue of a condo association disconnecting power to a delinquent condo owner's unit?
  10. #10
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    Quote Originally Posted by mksylw View Post
    In cases where the "delinquent" condo owner is renting to a tenant, the condo association already collects the rent directly from the tenant, per Hawaii Landlord-Tenant Act. However, in most cases the condo owner occupies the condo and there is no rent to collect. In all cases, the condo owner pays for his power directly to Hawaii Electric Company (HELCO). All condo units have individual HELCO power meters, and all meters are located within the condo association's "electric supply room". Since the condo owner's power traverses from the HELCO power meter to the condo owner's unit VIA THE COMMON WALLS, we argue the condo owner is not entitled to utilize that which he is unwilling to pay his "fair share". Again, the Hawaii Landlord-Tenant Act forbids only a Landlord disconnecting power to a tenant, but does not address (nor apply) to a condo association disconnecting power to delinquent owner. Question: Does anyone know of any legal ruling anywhere (but hopefully Hawaii) which addresses the issue of a condo association disconnecting power to a delinquent condo owner's unit?
    You will find that the utility lines BELONG TO the unit REGARDLESS of their locations. You will also find that the unit owners has the right of way for said utility lines.

    You will also likely find that the HOA, or any other unit, cannot jeopardize or reduce the livability of a unit.

    What you are also failing to understand is that this unit owner owns more than just their unit; they own a share of the HOA itself. There is no landlord relationship.

    If this person is a deadbeat who is not paying, the HOA should follow the proper steps to recover the monies in court.

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