Kokua Line

By June Watanabe

Saturday, March 21, 1998

Maintenance fee dispute
may affect other owners

I'm an owner of an apartment in a condominium building. Maintenance fees paid over the years were more than my fair share. The common interest percentages used were not the same as specified in the declaration of the condominium. My overpayment of maintenance fees could be for more than 15 years. Would I be able to get a refund for all the years of overpayment or is there a statute of limitations?

Call the Real Estate Commission, 586-2643, and ask to speak to a condominium specialist.

You can detail your situation and get more specific advice.

The condominium law does not address the overpayment of maintenance fees, said Calvin Kimura, executive director of the Real Estate Commission. So there is nothing about a statute of limitations.

"The condominium statute clearly says if there is any dispute between an apartment owner and the association board of directors, it shall be arbitrated," Kimura said.

But it may boil down to how much you're willing to spend to get the refund if the board of directors disputes your claim.

If mediation through the inexpensive Neighborhood Justice Center process doesn't work, then you have to consider arbitration or legal action, both of which will cost money.

Kimura suggests contacting other apartment owners who may be in your situation.

"Our experience is that when a common-interest percentage is incorrect, it applies to a number of apartments," he said, if the apartment is a typical residential one.

You should also do some homework by checking Land Court documents and such. If you can show that the percentage assessment has been wrongly computed, you're "at least on first base," Kimura said.

My neighbor's carport on Mowai Street in Kailua is less than five feet from my property line. It intrudes into my property. Can anything be done?

In the old days, carports were allowed to touch the front of the property line, although the sides had to have at least a five-foot cushion.

In this case, city building inspectors found that because of the unusual angle of the structure, some portions are set back 4 feet 1 inch, while one section in the back is only 2 feet 6 inches from the property line.

"At that point and before it hits the four-foot portion, we are unable to tell from research exactly what the situation is (in terms of what the original permit, issued in 1954, allowed), said William Deering, head of the Building Department's housing code section.

Also, there is a wall dividing your properties that is about 10 feet away from your house, an adequate space to allow fire equipment to get through if necessary, he said.

"Those are the things we like to take into consideration, rather than just dropping the line and saying you have to cut this," Deering said.

So with no apparent hazardous condition and no records to indicate a violation, the department's policy has been to not take punitive action, he said. "We're giving them the benefit of the doubt."

Call him directly at 527-6308 if you wish to pursue the matter.

Auwe

To the lady driving a two-door Toyota Tercel, yellow or beige, on King Street near McCully at 4:45 p.m. Feb. 13. Two young children were in the car, one standing between the two front seats. -- Mobile Watch member

Mahalo

To crews widening Salt Lake Boulevard near Radford High School. They are literally moving mountains, while keeping traffic flowing. Way to go! -- B.F.