OMG! Water is overflowing into my apartment! (Part 3 of 3: Who pays for damages?)

This is the final part of a 3-part blog about handling water damage in your apartment. In this article, we go over liability and what the Association’s insurance policy covers.

If an upstairs unit’s washing machine, refrigerator, shower, toilet, etc. fails and causes water damage to the neighbor downstairs, who pays for the damage? If this happens, both owners should report the incident to their respective HO6 companies. If there is building damage, the association will report the incident to the master policy. The owner of the upstairs unit will be assessed the first $5,000 of water extraction bills and building damage (not including upgrades). The upstairs owner should have loss assessment coverage for this. The association’s policy will pay for damage in excess of the deductible for the unit as built. Each owner’s respective HO6 policy will pay for their client’s upgrades, contents, and loss of use.1

Other policy conditions to keep in mind:2

  • The Association does NOT pay the deductible to the homeowner unless the cause of the damage is determined to have originated from a common element of the building, in which case the Board will review each claim on a case by case basis and consider reimbursement to the homeowner for the deductible amount on his/her individual policy.
  • The Association is NOT an insurer of unit owners. The Association is NOT responsible for uninsured damage to a unit simply because the problem originated in, on or from the common elements. Instead, the Association is only liable for the deductible amount if negligence on its part, as determined by competent legal authority (i.e. court), caused the problem. Therefore, the Association is NOT liable for damage caused to an apartment by a common element, such as an overflow from the building’s drain line, pipe leaking, etc.

Remember, there is no liability associated with a property claim. The restoration company simply asks the following questions:

  1. Did the claim happen during the term of the policy?
  2. Is it a covered peril?
  3. Is the claim above the Association’s deductible?

If all the above are true, the Association does provide coverage.

Of course, the best way to reduce the number of insurance claims for water damage is to take a proactive approach. You should consult with your plumber on performing periodic inspections and replacements of things like toilet wax rings, shower pans, and water hoses and pipes within your unit.

We hope this 3-part blog has been useful and informative. If you have further questions, contact the Board or attend one of our monthly meetings.


1. All Owners Should have Proper HO6 Coverage (Insurance Associates)
2. Claim Policy (Insurance Associates)

OMG! Water is overflowing into my apartment! (Part 2 of 3: What type of insurance should I have?)

This is part 2 of a 3-part blog about handling water damage in your apartment. In this article, we’ll go over the building’s insurance policy and the type of insurance policy you need and what it should cover.

As an owner of a condominium unit, you are also a member of your condo association. As you probably are aware, the association carries insurance on the basic structures and property as originally built. The master policy does not cover your contents, improvements made by you or a previous owner, or your personal liability. Condo unit owners need to protect their own contents and personal liability.1

The master policy insures:

  • Only the interest of the Corporation
  • Covers the buildings and items as originally conveyed by the developer
  • Built–in appliances and cabinets
  • Walls that make up the interior of the dwelling
  • Electrical and plumbing fixtures
  • Ceiling and flooring

Remember:  All of the above items are covered as originally built.

Subject to the Association deductible, the building is covered for perils like fire, lightning, windstorm, vehicle damage, water overflow, smoke damage etc. Water overflow claims are covered for damage to the building but not your personal property or improvements made to your unit by you or a previous owner. Therefore, you cannot rely on just the master policy.

If you have fire or hurricane damage, the master policy will take care of items as originally built. Your homeowner’s policy, however, will take care of your household goods, improvements, the Association’s deductible, and covers the expense for you to live elsewhere while your unit is rebuilt. The policy you are looking to purchase is commonly referred to as an HO6.

A Homeowners Policy (HO6) insures:

  • Your personal contents or household goods
  • Your improvements to the dwelling made by you or a former owner
  • The cost to live elsewhere while your unit is being repaired
  • Loss Assessment
  • Personal Liability

An HO6 insurance policy is required by all condo owners and necessary to fully protect you and your unit.  Oahu Surf Two House Rule II.A.2 (effective 11/1/2017) states:

“All owners are required to maintain a minimum homeowners’ insurance policy in such liability amounts and types of coverage as established by the Board. Owners and/or their insurance agents may contact the Management Company for the minimum insurance requirements.
Owners who fail to obtain insurance in accordance with this requirement will be assessed the premium cost of insurance obtained by the Association as necessary to bring their unit into compliance.”

You should consult with your insurance agent about how much coverage to purchase. You should also inquire about Loss of Use Coverage, which is provided by HO6 policies, and can cover your hotel bill or loss of rental income if your unit can’t be used due to a covered loss. Don’t forget to provide your insurance agent with a copy of the Association’s master insurance policy. You should have received a Summary of Insurance that accompanied the Notice of Annual Meeting of the AOAO of Oahu Surf II.

Owners and residents must be aware of the following important policy concerning damage and insurance claims at our project:2

  • The Association’s insurance: (1) covers the building, common elements, and items included in an apartment as originally built (e.g. carpet, appliances, cabinets, fixtures, etc.); (2) does NOT cover an occupant’s furniture, other personal property, or upgrades to the apartment under any circumstances. Therefore, owners and occupants should obtain an HO6 insurance policy to cover furniture, other personal property and any upgrades to their units, as well as their personal liability.
  • The Association’s insurance policy has a $5,000 deductible for flood insurance which is the responsibility of the owner from whose unit the water damage originated. Owners/occupants should obtain coverage for that deductible through their own HO6 insurance policy.
  • The Managing Agent is the only party authorized by the Board to submit a claim to the insurance company to determine potential coverage. If the total amount of expected damage is less than the deductible amount, a claim will not be filed since no money would be available. Filing such claims could adversely affect the Association’s insurability.

Next week we’ll go over liability and who should pay for damages.


1. Insuring Hawaii (Insurance Associates)
2. Claim Policy (Insurance Associates)

OMG! Water is overflowing into my apartment! (Part 1 of 3: What do I do?)

Your Board is concerned over the increased frequency of water claims. So, we put together a 3-part blog article that we hope will answer your questions if you are ever in a situation where water has somehow entered your apartment potentially causing damage.

1. FIND THE SOURCE OF THE LEAK
The first step is to stop the cause of the claim. If water is on the floor, look under sinks for leaks, check the bathtubs, look for a busted pipe behind the fridge, etc. Call a plumber immediately if you can’t turn off the water. Explain the extent of water damage in your condo and the need to make repairs as quickly as possible. If you notice water coming from the ceiling or down the walls and the Resident Manager isn’t available, knock on your upstairs neighbor’s door. The upstairs neighbor might not know there’s a problem, so reach out.

2. CALL THE RESIDENT MANAGER
If the neighbor can’t stop the leak, alert the RM right away. The RM will check for damage to units above, below and on the side of your unit to determine who else might be affected.

3. TAKE CARE OF CLEANUP ASAP
Even minor damage needs to be addressed quickly to discourage mold and mildew growth. Take care of water damage cleanup as soon as possible. To assist you, the RM has a list of licensed restoration contractors/extractors that do cleanup and dry out your unit, many of whom have previously worked on the building. Most mitigation companies will wait to get their money until the claim is settled.

4. CONTACT YOUR INSURANCE AGENT
Don’t assume the owners of the upstairs condo or the Association will reimburse you for water damages. Call your insurance agent, and start the claims process. The RM will submit an incident report to the Board and Account Executive.

5. REVIEW THE AOAO’S MASTER POLICY
Contact the Account Executive and request two copies of their master insurance policy. Forward one to your insurance agent so that he or she can determine its coverage and any Association liability.

Next week we’ll discuss the type of insurance policy you should have.

Parcel Lockers

Ordering online is so convenient that even the USPS has been working on Sundays to keep up with the deliveries.  With more people ordering online, our parcel lockers fill up quickly. Our parcel lockers are located near the mauka stairwell in the lower level parking deck. To clear all those lockers before the morning, it is important to check your mailbox every day. If you won’t be able to check your mailbox for more than a couple of days, we recommend placing your mail on hold. You can easily do this up to 30 days in advance by filling out an online form at https://holdmail.usps.com/holdmail. If you’ll be away for several weeks, we recommended picking up your mail at the post office when you return instead of having it delivered to you all at once.

The mail carriers may sometimes make the mistake of placing the wrong key in your mailbox. If you find a package in the locker that doesn’t belong to you, I’m sure the real recipient would be appreciative if you could leave it in front of their door. If it’s not clear which apartment the package is for or it’s for another building, leave it in the locker but let the Resident Manager know.  The RM may be reached from the call box next to the entry gate.

We only have six parcel lockers, and when those fill up, packages cannot be delivered. If you are picking up your packages at the post office more frequently, your Board of Directors would like to hear from you. If we have enough responses, we’ll purchase more parcel lockers.

Mahalo for your cooperation!

Keep Our Trash Chute Clean and Clear

Throughout the Thanksgiving and holiday season, let’s all try to do our part in keeping our trash chute clean and clear.

  • All trash sent through the chute must be bagged in ten gallon or smaller trash bags and securely sealed.
  • If you notice your bag dripping, please double bag it.
  • If your bag doesn’t easily fit through the trash chute door, then don’t try to force it.  Instead, carry the trash bag down to the dumpster along with loose items.
  • Do not put boxes of any kind in the chute.  It could get lodged inside the chute and become an inconvenience to all residents.
  • Boxes should be broken down before throwing it in the dumpster behind the building.
  • Do not throw loose cans, bottles and any glass down the chute.
  • The trash chute may not be used before 7:00 a.m. or after 10:00 p.m.

Mahalo for your cooperation!

Building Re-Key

Oahu Surf II will re-key the building and will need to swap out your old keys for new keys.

The Resident Manager will be in the lobby during the following hours for your KEY EXCHANGE:

Tuesday, November 19
Noon – 2 PM
4 PM – 7 PM

If you require more keys, the standard operating procedures will be followed ($100 deposit per extra key – checks made payable to Hawaiiana Mgmt.)

This will be a key-for-key exchange.  If you are unable to pick up your new keys in the lobby during these hours or have any questions, call or email the Resident Manager in advance to schedule your exchange.

Mahalo for your cooperation!

Big Changes Coming for Bulky Item Collection

Beginning 6/3/2019 and continuing to at least 1/31/2020, the city is running a pilot program for bulky item collection in our district.  You will no longer be able to leave your bulky items curbside in front of the building without an appointment.  In fact, it will be illegal to do so!  Information about the pilot program can be found on their website at:

http://www.opala.org/solid_waste/Honolulu_Bulky_Pilot.html

Because we live in a multi-unit residential building, they recommend making arrangements with the Resident Manager.  However, because our building doesn’t have many apartments, residents may call the Refuse Service directly at 768-3200 or make an appointment online at the website above.  You can make an appointment up to three months in advance.  Since there is a limit of 20 bulky items that can be collected per month per building address, they recommend planning well in advance to schedule a pickup especially if you have a lot of bulky items to dispose.

When scheduling your pickup, be prepared to have a complete list of items you’ll be disposing.  If you need to add more items later, you’ll have to cancel your pickup and re-enter it again possibly forfeiting your original collection date.  Prior to your collection date, do not store your bulky items in common areas including your own parking stall.  On the day of your scheduled pickup, have your bulky items curbside before 6 a.m., but no earlier than the evening before the collection date.  Pickup access should not be blocked by objects or vehicles. Do not block sidewalks, driveways or roadways.

Let’s try to make this pilot program a success.  Otherwise, the city may start charging for bulky item collection!  Now that’s no trash talk.

Hidden Water Leaks

Water damage in condos is a commonly reported claim according to insurance companies. Many times, the culprit is something you use every day. If you have a refrigerator with an ice maker or water dispenser, check the tubing on the back to see if it’s leaking. A small leak left unnoticed can cause thousands of dollars in damage to your apartment and the units below you.

Avoid using plastic tubing. Plastic will eventually deteriorate and spring a leak. The average life span is 5-10 years but may spring a leak sooner if improperly installed or is pinched. Copper tubing is usually used because it’s durable and won’t leave a bad taste in your water or ice, but it can kink easily on bends or at the fitting when moving the refrigerator. The best type of tubing to use is 1/4” braided stainless steel. It’s strong, durable, won’t kink, and the water or ice won’t leave a funny taste in your mouth. Just make sure to leave plenty of extra line so you can pull the refrigerator out to clean or inspect the back periodically.

Of course, it’s always better to be proactive than reactive. To minimize water damage resulting from a broken pipe in your condo, invest in several water alarm leak detectors. This device will emit loud beeps when it comes in contact with water.  Place them on the floor next to your washer, under the sink, or behind the refrigerator. If you have WiFi in your apartment, you can get one that notifies you via email. You can find these at Amazon or other online retailers by searching for “wifi water detector”.

If you plan to be off-island for more than a couple of days, and no one else but you has a key to your apartment, it’s advisable to turn off water supply lines to the washing machine, toilets, and sinks in the kitchen and bathrooms.  Receiving an email alert will do you no good if no one can enter your apartment to check on the situation.

Finally, check your HO-6 insurance policy and be sure you know what it says about water damage caused by plumbing failures. This way you can be prepared to remedy situations if you notice water leaks originating in your apartment or coming from the unit above you.

Be Akamai.  Stay Dry.

Have You Checked Your Lanai?

According to the National Weather Service, there is a high wind warning for Oahu this weekend.  Whenever the weather forecast calls for strong winds, you’ll want to bring in any loose items on your lanai.  If an item falls or is blown off your lanai, it could damage property or hurt someone.   If you have awnings (rolling shutters), you may want to close them before the strong winds are expected to arrive, not just for others, but for your own safety.

There are limited items that may be kept on your lanai when it’s not windy.  Only appropriate  furniture specifically manufactured for outdoor use.  Potted plants may also be kept on lanais so long as they are maintained.   Absolutely no other items may be kept, maintained or stored on lanais.  This prohibition includes, but is not limited to other types of furniture, storage bins or boxes, trash bags or receptacles, garbage, bicycles, skateboards, surfboards, toys, etc.   Avoid being fined for prohibited items.

Keeping Birds Off Your Lanai

Have extra breadcrumbs from Thanksgiving? Well, one thing you don’t want to do is feed the wild birds. As you know, the House Rules strictly prohibit feeding wild birds from your lanai or anywhere on the property. Those caught in the act will be warned or fined. Bird droppings can be a health hazard as well as cause erosion and damage to whatever it lands on.

It’s not uncommon to see pigeons perched on a lanai in Waikiki. They are everywhere and because some people feed them, birds associate humans with receiving a decent meal. Birds may be attracted to your lanai because they were once fed there before, or they spot you eating from a distance. If you have this problem, how do you keep birds from flocking to your lanai? Well, if you’ve seen the Wizard of Oz, using a scarecrow will not work. However, we do have several suggestions that may help.

1. Bird Spikes
These are generally an effective deterrent to birds that land and roost on railings. Birds have excellent vision and can see from a distance that it’s not safe to land and therefore will avoid them. Even though the spikes aren’t terribly sharp and harmful to birds, this may not be the solution for you if you like to comfortably rest your arms on the railing while enjoying the outside view.

2. Flash (Scare) Tape
Flash tape and scare rods create an optical distraction for birds. Birds generally don’t like flashy and moving things. It also emits a light crackling sound in the wind that scares them away. You could also try attaching shiny pinwheels every few feet along your railing with the same effectiveness. However, these may not be a permanent solution since most pigeons are smart and may return after a few weeks once they learn it’s harmless. So, the trick is to change it up and replace it when they get faded.

3. Netting
These cover the entire lanai and prevent birds from nesting. It’s still possible birds may claw the mesh, but they will soon tire and fly off. It’s a good solution to keep birds from entering your lanai without having to keep your shutters closed. However, you must ensure that the net is professionally tethered and secured so it doesn’t fall or get loose.  Using netting on your lanai must also be approved by the Board of Directors.

You can buy the above items at Walmart, Target, Home Depot, Amazon, and other local and online retailers.

There are other methods for keeping birds away, but we don’t recommend them. Using an electric bird wire is simply unsafe if not installed professionally. Using an ultrasonic repeller can be irritating to your neighbors. Using repellent gel on the railing and balusters may harm birds and create a sticky mess as everything, including bugs, will stick to it. Using a plastic owl decoy (or scarecrow) may work for a while but it must be properly secured so it doesn’t fall off the lanai. Sooner or later though, the birds will figure out that it’s just another decorative piece to poop on.

The best solution is to eliminate food and water sources, and to be persistent in shooing them away when seen. This will take time and determination, but eventually the birds will not return.