In September 2018 COLGW gathered 25% of LG owners' signatures to request a special meeting for discussion of the recent special assessment, but we were denied since it was not 25% of 'fractional interest'. We later learned from our lawyer that an owner's amount of square footage determines their proportional voting power. The questions below were prepared by an owner in anticipation of a special meeting to discuss the $11,000,000 assessment. The board at any time could have called a special meeting to discuss with owners this special assessment, but declined to do so... thus COLGW started the petition process. However, when COLGW's petition was rejected because of a technicality we then decided to move for a recall of the board.
We request a special meeting with the Liliuokalani Gardens “the Project” AOAO Board of
Directors “the Board” solely for the purpose and at a time convenient to owners to seek
information about the 2019 Budget and Reserve Study to ask the following:
Questions for Armstrong Consulting, Inc:
Why was the option not CIPP offered as an alternative?
Why was the option repair as needed offered as an alternative?
What background information regarding buildings similar to the Project for the line item
“Plumbing Major Line Replace” did you provide the Board?
Based on your data, please provide a list of local
buildings where Plumbing Major Line
Replacement is being addressed by the building’s owner(s).
Questions for the Board:
Our Neighbors at the Diamond Head Vista chose to repair and replace as needed instead of the
wholesale pipe lining throughout the Project. Why did the Board NOT take this approach?
Regarding the above. There is an opportunity every time a homeowner remodels a kitchen or
bath for the AOAO to “repair and replace” as part of that remodel. Was this considered an option?
What rationale did the Board use to reach the conclusion that repairs to sewer lines had to be?
initiated right away?
Fear that the project’s Plumbing Major Lines might have already degraded to the point they can’t use the pipe lining approach
Has there been an engineering study to determine the condition of the sewer lines originally
installed in the project? What are the results?
The board did a vote on this engineering study, the vote was not passed. It however is not in the minutes.
Has the Board considered that such a large assessment and possibly an increase in of owners
selling will create a situation that may make it difficult for other owners to obtain bank credit?
An unpaid assessment becomes the obligation of each apartment owner. What happens if the
apartment owner can’t pay the assessment?A lien will be placed on the owner’s apartment.
In the situation above, the mortgager bank’s lien is senior and If the home is ultimately
foreclosed upon by the mortgager the banks lien is senior to either the holder of a home equity
loan or the Association. What happens if, there is insufficient equity after a forced sale to fully
satisfy the association’s lien on the apartment? How will this affect the other owners.
The bank account balance in the special assessment account will not be sufficient to meet reserve
requirements and the remaining owners will somehow have to make up that difference either
by another assessment or higher maintenance fees. Again, in the above situation, what will happen if
an apartment owner declares bankruptcy?
A lengthy and expensive legal process will begin and it will bring up maintenance fees in the future
Elevators, Repair as needed for the elevators, why was this not an alternative option? Was an inspection
conducted? What was the results? Brakes? Are the brakes in danger of failing in the
next 5 years? Do we have any records showing when the brakes were last replaced or refurbished?
Same with the cables, limit switches, drive motor and other related components. When was the last
preventive maintenance completed, to ensure the electronics are working, to ensure the circuit board
is clean, free of dust, ensure the cables are tight and the indicating lights are working? Changing the
Option for Painting project. Delay for 5 years. No evidence of spalling or peeling.
Chill Water Lagging, repair as needed.
Trash Chute, all 24 floors require to be fixed, or just maybe the 2nd thru the 4th floors. Fill in the holes
and reline with new sheet metal.
Chill Water Isolation Valves, leave this up to the owner, some owners actually operate their valves
and valves work fine. Determine which units that need news valves