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  • Mark F. Kramer

High Risers' View -


SHORT-TERM APT. RENTALS CREATING CONFLICT . . .

Like a concrete foundation sunken into a Makaha Valley hillside, the bylaws of Makaha Valley Towers provide the governance foundation which keeps MVT from toppling into a morass of conflict, litigation and financial decay.

Recently it seems, however, the rock-solid template, which for decades has provided guidance for Towers' operations, seems to have been chipped away at, with merely a shrug from MVT's Board of Directors or its legal advisers.

Even in the face of months of criticism and questions from many owners regarding the legality and appropriateness of short-term rentals, the issue continues to be ignored by The Board and management, even though MVT bylaws seem clear on the matter:

“No trade or business of any kind may be conducted in or from any residential Apartment, except that an Owner or occupant residing in a residential Apartment may conduct such business activity within the Apartment so long as: . . . (b) the business activity conforms to all zoning requirements . . . (d) the business activity does not increase the liability or casualty insurance obligation or premium of the Association: and (e) the business activity is consistent with the residential character of the Association . . . (Article V – Use and Maintenance of Premises: Section 1, second paragraph).”

An incident of an owner operating an apartment as a short-term rental with a video-recording device recently made the local news:

The incident seems to run directly afoul of bylaws written to protect MVT interests:

“(b) The Owner of an Apartment shall not use the same for any purpose which will injure the reputation of the building or premises. ( Article V – Use and Maintenance of Premises: Section 1, paragraph 4).”

Even Hawaii's Better Business Bureau has cautioned consumers against doing business with unlicensed (which at the Towers means every short-term rental) facilities:

And, again, MVT's bylaws seem to prohibit the practice:

“(f) The residential apartments in the Project . . . shall not be . . . rented or used in connection with any . . . arrangement or program . . . whether by way of . . . rental or use agreement or otherwise. (Article V – Use and Maintenance of Premises: Section 1, paragraph 9).”

Without clear leadership from the Board and its legal advisers, Towers' management, security, maintenance, and janitorial staff are left to (literally at times) clean up the mess.

If providing a platform for short-term rentals is deemed allowable, then High Risers suggests The Board clearly explain to Association owners the mechanisms which provide for this allowance.

And if short-term rentals are, indeed, forwarded as being allowable, then discussions of surcharges, in addition to regular maintenance fees, needs to be forwarded also, to compensate for the extra time and effort short-term-rental operations cost the Towers' staff.

MVT is not alone in this conflict. For a couple of years now, community activism has risen in an intensity aimed at political leaders across the City & County, and the state of Hawaii, leaders who have also sat on their hands in dealing with this matter.

Recently, however, progress has been made in forwarding legislation to cope with the issue, and many business and community groups have added their voices to the chorus of folks wanting action to be taken:

Without a doubt, action is what's needed.

It behooves Association owners here at MVT to keep demanding something be done.


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