State regulations limited when it comes to condos

Question: We live in a 300-unit condominium project. Six months ago a condo owner managed to take over the board. Many owners are concerned about secretive board meetings, approval of expenditures after the fact, edited minutes of board meetings, favoritism given some apartment owners, etc. Is there an agency or commission we can call upon that will be able to conduct an independent management audit to resolve several issues we have with our board of directors, or will concerned owners have to secure legal counsel to address the problems?

Answer: You can contact the state Department of Commerce and Consumer Affairs’ Real Estate Branch.

Depending on the situation, the branch can investigate, arrange for mediation and/or provide information on what your rights and options are as condo owners.

Call 586-2643 and ask to speak to a condo specialist.

The specialist we spoke with explained that when the Legislature set up the condominium law, the aim was self-governance.

So out of more than 160 provisions, only about 11 are assigned to the Real Estate Branch and its investigatory arm to deal with, she said.

That means the branch has limited jurisdiction in what it can investigate. For example, it will look into complaints about owners not being able to access association records or financial information, or allegations of mishandled funds. But it won’t get involved in complaints such as a board of directors not following its own bylaws with regard to meetings and governance issues.

For those “other areas,” it provides information and advice and makes referrals, including possible mediation.

Condo associations and developers are required to pay into a Condominium Education Trust Fund, administered by the Real Estate Branch, which is used to subsidize mediations.

A condo owner would have to pay a registration fee of about $50, but the mediation itself is covered by the trust fund, the condo specialist explained.

“What we do here is provide general information,” she said. Owners “can contact us, and we can walk them through the information” such as explaining a “removal system” if owners are dissatisfied with their board of directors. “But we don’t give legal advice; we’re not authorized to do so.”

Question: We live next to a condo unit where renovation goes on at unbelievable noise decibels. My 95-year-old, wheelchair-bound mother cannot escape it. The condo association will not help us. All we’ve asked is to be notified when the noise will be excessive. Unbelievably, the owner has threatened to sue us just for inquiring how long the noise will be going on. There have been jackhammers, repeated banging of materials, etc., and it begins before 9 a.m. Don’t private contractors have to work within established noise guidelines?

Answer: The state Department of Health has regulations for construction activities, including noise issues. Call the department’s Indoor and Radiological Health Branch at 586-4700 and ask to speak to a noise inspector.

Residential construction activities are allowed, by permit, between 7 a.m. and 6 p.m. weekdays and between 9 a.m. and 6 p.m. Saturdays,

“Certain noisier activities, such as hoe-ramming (using a hydraulic impact hammer) and jackhammering, may be further limited to weekdays between 9 a.m. and 5:30 p.m.,” explained Jeffrey Eckerd, the branch’s program manager.

He said activities exceeding the maximum permissible sound levels are not allowed on Sundays or state holidays without a noise variance.

“In general, only quieter activities such as painting and drywalling are allowed,” Eckerd said.

Mahalo

To Mike, a driver of TheBus. I was at the Iwilei Costco, reaching for a big bundle of tissue, when he immediately came to my assistance and placed it in my cart. Thank you for your kindness. — D.S.

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