Addendum of Proposed Amendments

The Kuau Bayview governing documents were written a very long time ago (1996) by A&B and, as we are discovering, they are flawed and at the very least, need updating. Technology has changed. Federal & local laws have changed which render some of the sections obsolete. Building materials have vastly improved since 1996 so some materials that were prohibited in the DCCRs are now acceptable. Aesthetic tastes, fashions, and popular styles have changed over time. Also, the recorded version is illegible.

As it is costly to have these documents re-recorded, we are assembling a list of corrections & proposed changes so that everyone is aware of errors and can contribute their opinions about what needs to be changed. This is a team effort. At such time as everyone is satisfied that everything is as we want it, THEN we can pay to have it re-recorded in the Bureau of Conveyances. Amendments must be approved by a minimum of 67 percent of the votes in the entire Association, ie. 62 owners.

Proposed Changes

1. Original DCCR 10(b)(xx) Roof Materials, Pitch, and Overhang. Built up tar and gravel roofing is discouraged, and in any case will be permitted only for flat roof construction. Only flat roofs of exceptional design and quality will be considered for approval. Pitch roofs shall use shake, shingle, or tile material. The following roof materials are not permitted: rolled roofing, fiberglass, or plastic. A tile sample shall be submitted for Committee approval as to color, style, and texture. Roof overhangs, as measured horizontally, shall not exceed six (6) feet. Corrugated metal, steel, or aluminum and other roof materials may be approved on a case-by-case basis in the discretion of the Committee. Color should be consistent with the surrounding neighborhood. White, reflective, and bright primary colors will be discouraged.
2. Suggested Replacement: DCCR 10(b)(xx) Roof Materials, Pitch, and Overhang. Built up tar and gravel roofing is discouraged, and in any case will be permitted only for flat roof construction. Only flat roofs of exceptional design and quality will be considered for approval. Pitch roofs shall use shake, shingle, tile, or such other material to be approved on a case-by-case basis depending on if it is visible from the street. Rolled roofing is not permitted. A tile sample shall be submitted for Committee approval as to color, style, and texture. Roof overhangs, as measured horizontally, shall not exceed six (6) feet. Corrugated metal, steel, aluminum, plastic, fiberglass, polycarbonate sheets, and other roof materials may be approved on a case-by-case basis at the discretion of the Committee. Color should be consistent with the surrounding neighborhood.
3. Original DCCR 10(b)(xxi) Exterior Walls/other Materials/Colors. No garish, reflective, or stark white colors shall be allowed. Color chips must be submitted to the Committee for review and prior approval.
4. Suggested Replacement: DCCR 10(b)(xxi) Exterior Walls/other Materials/Colors. No garish colors shall be allowed. Color chips must be submitted to the Committee for review and prior approval.
5. DCCR 10(b)(xxii) - Replace "height limit of six (6) feet" with "height limit specified in the current County Code" [ 7 feet ]
6. DCCR 10(b)(x) - Antennas. No visible antennas are allowed. Due to an FCC ruling in 1996, the Over-the-Air Reception Devices Rule, no HOA is allowed to restrict an owner's right to receive broadcast signals, so this must be changed to comply with current law.

   The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance, or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance, or use; (2) unreasonably increase the cost of installation, maintenance, or use; or (3) preclude reception of an acceptable quality signal.

7. DCCR 20 - Notices. "Whenever any notices are sent to an Owner such notices shall be sent to the address of the Owner's Lot..." Insert here "or to the owner's email address."
8. DCCR 10(b)(xvi) - Solar Energy and Heat Pumps: As of 2006 there are new laws which require the Association to adopt rules to facilitate the placement of solar energy devices.
9. Oihana told us for years that DCCR 10(e) prohibited the use of clotheslines in Kuau Bayview. In 2009 Hawaii joined several other states in passing the Right to Dry Act 192 which prevents Associations from banning clotheslines.

Corrections

1. DCCR 10(b)(iv) "In no event shall any structure exceed 38 feet in height" is incorrect. The maximum height throughout Maui is 30 feet.
2. DCCR 3(c) - "to maintain the landscaping located between the wall and Hana Highway" is an obvious error. What they meant was "between the wall and the fence" as the Association has no jurisdiction over the State land that runs between the wall and Hana Hwy and which is maintained by State work crews. A&B intended to have the Association landscape Easement 19 which runs along the northern boundary of the subdivision, but in fact this was not feasible for several reasons (difficult access, too expensive, would have invaded the Lot 43-49 owners' privacy) and was not undertaken until 2015 when the area was cleaned up only to enable the Association to transfer the landscaping responsibility over to the owners of Lots 43-49.
3. Bylaws Article IV 1(a) - "No officer need be a member of the Corporation." should be replaced with "Every member of the Board of Directors shall be a member of the Association; however, no officer need be a member of the Corporation." from HRS 421J Section 3. [ * note the difference between the terms 'officer' and 'director.' Officers are president, VP, treasurer, & secretary. In other words, all Board members must be members of the Association, but the officers do not have to be on the Board. For example, if they so desired, the Board could hire a secretary or treasurer who is not on the Board and, therefore, could not vote on Board motions.