Ke Nani Kai ~ Ask The Board Q & A
Ask The Board ~ Q & A
Beach Photo Credit: Courtesy of KNK Owner Timothy Boulaine. Unit 118
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Is there something that you would like to know but are unsure who to ask?  Your board would like to
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01/04/2011 - QUESTION

Can the board provide an update on whether the Dec 3 mediation on the litigation occurred and
the result? I was wondering if this happened or if it's still going to court in Feb.

ANSWER:
From Board President, Mike Adamo

The Dec. 3 mediation occurred, with a " offer of judgment" given to the Bevill's. The boards
presentation to the judge went extremely well. On Jan.7th the judge well determine a court date
if possible. The current judge is retiring from the bench in March . The Feb 7th court date is still
possible. Unable to discuss any monetary terms.


11/24/2010 - QUESTION

I would like information regarding the changes that were made last year that prohibit pets at the
condo's other than those who were already there who were grandfathered in.

What was the original cause for this change to be made? Were there any considerations to
restricting pets to owners only with size restrictions. As we get older, many of us would like a
companion pet to keep us company, particularly those who may be widows or widowers. In any
case, I would just like to know what caused this direction to be taken and whether there is any
chance that a different direction could be proposed that would meet the original intent. We
purchsed our unit immediately after the change was made and we had no knowledge that this
was in the works. We might have made a different decision if we had known that I would not be
able to have a small companion dog. I also see pleas to adopt the cats in the complex and see
no way people can do that without being in a situation where they are strictly feeding strays.

ANSWER:
From Board President, Mike Adamo

To:  All KNK residents

The policy on animals at KNK has not been changed in 10 years.  KNK By-Laws were amended
in April 2000 which added the following:  "No dogs, cats and other household pets, livestock,
poultry, rabbits or other animals whatsoever shall be allowed or dept in any part of the project
nor allowed on any common elements.  Provided however, that existing pets shall be grand
fathered in accordance with Hawaii Revised Statues.  Notwithstanding any other provision
herein, visually impaired persons may keep certified seeing-eye dogs and hearing impaired
persons may keep certified signal dogs in their apartments."  Note:  this clause was further
amended to provide special rights for disabled residents to retain pets with Doctors
certification.  The House Rules revised in March 2002 contains the same provisions.

A cat that was grand fathered under this clause would have been in residence in April of 2000
and would now be over 10 years old at this point. Please note that the cat population has been
growing around KNK at an alarming rate. There has been a direct disregard for these rules at
KNK for quite some time.  Residents are now feeling the impact with the abundance of feral
animal droppings and waste.  

A majority vote of the homeowners would be needed to change the KNK By-Laws that affect pet
ownership and interaction with the feral animals in question.

9/23/2010 - QUESTION

"Is there any update on the litigation? When is the next milestone for any type of activity or
decisions?"

ANSWER:
From Board President, Mike Adamo
The court has mandated all parties attend a mediation session Dec. 3.
The Judge has requested my attendance.
The trial is scheduled for Feb. 2011. I have been subpoenaed by the Bevills (Plaintiff's).

8/14/2010 - QUESTION

"We have all been receiving many emails with complaints about the noise and unacceptable use
of the swimming pool area, particularly after hours.  Surely this should be dealt with by the
Board of directors and the resident manager. One or two complaints should be enough to at
least start an enquiry.  It seems that the cause of all the complaints has focused in on the long
term renters of a condo belonging to one of our owner-members. I cannot imagine that this
would take very much to correct.  Why has there been a delay in handling this situation?"

ANSWER:
From Board Treasurer, Janet Kennedy
The Board will be considering increasing security at the pool based on the recent comments in
several emails from Owners.  Paul Cawthorne has been asked to see what the cost would be for
enhanced security in the evenings at the Ke Nani Kai pool.  The Board is waiting for that
information.  Surprisingly Paul Cawthorne reports that there have NOT been any complaints to
him about the long term renters mentioned in this question, so while Owners may be concerned
about these renters he has not acted because there have been no complaints to him.

8/12/2010 - QUESTION

"There appears to be concern on the part of many Owners on three issues concerning the pool.
First: the enforcement of rules on certain individuals that are reportedly abusing their pool
privileges; second, the modification of pool hours to reflect a 9pm closing as opposed to the
current 10pm and lastly, the issue of security from dark until 10pm (or 9pm) to insure that only
valid owners and guests have use of the pool.

The issues center around excessive noise and non-resident use, and if valid, deserve attention
by the Board. Will the Board address these concerns at their next Board Meeting?"

ANSWER:
From Board Treasurer, Janet Kennedy
The Board will consider the two of these three issues at their meeting in October; modification of
pool hours and enhanced security.  When the Board asked RM, Paul Cawthorne, about the
long term renters abusing their pool privileges, he responded that there had been no reported
incidents to him about their actions, so he had not given them a warning or reported any
incidents to the Board.  If Owners see problems occurring at the pool they should report them to
the Resident Manager at this point no action has taken place because no one has reported
incidents to the RM.

7/27/2010 QUESTION #1
Now that our president has been on island, how does he feel about his quote,
"The resurfacing project has been completed and I understand that the roads look great."

ANSWER:
From Board President, Mike Adamo:
There are areas that need immediate attention. The owner of the paving Co.promises to meet
with us this week. Every attempt will be made to correct the problem areas.

Additional update added by Mike Adamo:
Walked the property today with J M paving. J. M.  will come back the third week in Aug., to re-
seal the three areas in question. This is not slurry but sealer. James will re-stripe and paint the
areas in question. Hopefully this will resolve the problem. The rocks are a natural occurrence of
the slurry process.

7/27/2010 QUESTION #2:
"Given that the AOAO pays the entire water bill, and also that we are facing a 12% increase in
water rate, does it not make sense that the Board should direct all owners that replacement of
high flow toilets and low flow showerheads is not only recommended, it is MANDATORY?
Further significant increases in rates are more likely in the future. An audit of all units should be
undertaken to determine the units and numbers of high flow toilets and showerheads currently
in use. Based on the information developed, a policy for replacement should be adopted.
Owners that fail to comply should either be fined or AOAO should replace the offending
equipment and bill the owners."

I welcome your comment and opinion. Those of us who live in water deficient supply areas are
well aware of a policy such as this being placed in effect.

Alternatively, we should evaluate separate water meters per unit if the Board is unwilling to
implement the above recommendation. Water costs continue to rise and are one of the most
significant cost centers for the AOAO.

ANSWER:
From Board President, Mike Adamo:
Janet has the exact increase numbers. The best solution would be individual meters,
I do not believe this is possible.

From Board Treasurer, Janet Kennedy:
I agree that the Board should explore all alternatives to reduce the amount of water used at
Ke Nani Kai (the actual increase is starting July 1, 2010 is 8%) including low flow toilets.  I also
agree that the Board should discuss the costs and process for moving to individual water meters
for Homeowners;  Individual meters is the fairest and most directly accountable way to pay for
water usage.