ARCHITECTURAL DESIGN REVIEW COMMITTEE

UNIFORM APPEARANCE STANDARD

This document was adopted at the May 1, 1999 Board Meeting
and supersedes all previous documents

The outstanding feature at Paniolo Hale is the "Cowboy House Styling. The design has included such country traditions as high pitched roofs, wooden batten walls with lattice work trim and hardwood floors. Each building resembles a large Plantation Ranch House with the small upper bunk-house windows and the wrap around porches with palladia style windows which are commonly seen in the Cowboy House.

According to our bylaws we are mandated that this style of exterior appearance be maintained by establishing a uniform defined standard. This document is an attempt to define this standard by a committee of independent owners using our declarations and bylaws as a guideline to establish the scope and direction of the Architectural Design Review Committee, (ADRC). The ADRC is to provide input and recommendations to the Board of Directors on matters involving architectural changes, alterations and modifications to the units at Paniolo Hale. The Board has the authority to limit any significant changes to the lanai and exterior of the buildings, and may regulate the design and appearance of repairs and replacement items.

This architectural look is carried out by certain elements that make the style apparent. It's the uniformity of these elements in every building that ties together the entire project and the by-laws and declarations mandate it as changeless. The Declaration of Horizontal Property Regime states that the common interests shall have a permanent character and not be altered without consent of all owners affected (Declaration D). It also states that structural alterations or exterior changes of any common elements must have written Board approval along with approval by a majority of apartment owners, [(Declaration F Item 6), & (Condominium Law - Chapter 514A-89)], and that structural alterations or additions different in any material respect from the file plan of the project shall require an affirmative vote of all owners (Declaration N), and that the exterior of the buildings shall present a uniform appearance. [Article V Section 3(b)]

At Paniolo Hale the outstanding feature that make this style predominant is the lanai with the white picket railings. The additional cost to build with so much detail warrants their preservation as few other condominium complexes in Hawaii have this look. The lanais are a common element to be visually enjoyed by all owners. The screens were not placed on the inside of these railings by accident, it was done for a reason, to preserve the look and outward appearance of the railings. The lanais are the key feature that makes Paniolo Hale so unique and outstanding. Each unit was designed and positioned to provide a corridor of view from the lanais and each lanai was intended to be seen and enjoyed from the inside and out. It is absolutely essential that the architectural integrity be maintained and that the plantation style (or cowboy style) elements be kept strong and visible and uniform throughout.

There is the question, however, of developing a broad interpretation vs a narrow interpretation of uniform appearance. This can only be determined by looking at the language used in our governing laws. For instance the Hawaii Statues, section 514A-89, is a list of restrictions of work prohibited, which narrows the scope of what work can be done. Nonmaterial structural additions to the common elements means a structural addition which does not jeopardize the soundness or safety of the property, detract from the appearance of the project, which could reduce the value thereof. Also stated as prohibitive is the extremely important owner right regarding additions, which do not "deprive non-consenting owners from the enjoyment of any part of the property." Enjoyment of the property includes the visual impact of all the elements combined. This is something all owners sought by selecting a unit in this project with an atmosphere of a cowboy plantation in a natural looking setting, a style so suited to their decision to make this kind of investment.

The by-laws and declarations are also restrictive and prohibitive towards a broad interpretation of uniform appearance. The interpretation of this standard is so bound by the language written in our by-laws, declarations, and Hawaii Statutes, that careful consideration has to be given to the future effects of values as well as acts of discrimination by allowing certain owners exceptions that can not be applied to all owners. Modifications should therefore blend into the uniform appearance rather than change it, and look as if they were always a part of the original design. Any modification or alteration undertaken should meet with the majority of owners acceptance.

It is imperative that anyone in an advisory capacity or a decision making position must consider the rules of our association. The ADRC and the Board are obligated to set standards consistent with our by-laws and hold all owners to those standards. Compliance of these standards and adherence to recommendations is very important to all the owners who elect their Boards to protect the interests of everyone.



Paniolo Hale AOAO
Maunaloa, Hawaii 96770
All rights reserved.