November 7, 2000

The above date supersedes all previous documents

UNIFORM APPEARANCE STANDARD

as set forth by the

ARCHITECTURAL DESIGN REVIEW COMMITTEE

& the Board of directors for Paniolo Hale

The outstanding feature at Paniolo Hale is clearly the "Cowboy House Styling. The design includes country traditions as high pitched roofs, wooden batten siding and latticework trim. Each building is designed to resemble a large Plantation Ranch House with small upper bunkhouse windows, wrap around porches and palladia style windows.

According to our bylaws we are mandated that this style of exterior appearance be maintained. This document is an attempt to define this standard. A committee of independent owners using our declarations and bylaws as a guideline, established 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 exterior of the buildings, including the lanai, and may regulate the design and appearance of repairs and replacement items.

The Western Architectural look contains elements that make the style apparent and the uniformity of these elements ties together the entire project. 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 of a majority of apartment owners, [(Declaration F Item 6), & (Condominium Law - Chapter 514A-89)]. 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)]

There was the question whether to develop broad interpretation vs. a narrow interpretation for uniform appearance. Using the language from our governing documents it appeared that a rather narrow interpretation was outlined. For instance the Hawaii Statues, section 514A-89, which gave a list of restrictions of work that is prohibited thus narrowing the scope of what work can be done. It defines a Material structural addition as one that involves the soundness or safety of the property. A Nonmaterial structural addition, which does not jeopardize the soundness, is then held to following restrictions: It cannot detract from the appearance of the project, which could reduce the value thereof, and in protecting the owners rights, it is stated that additions are prohibitive if they "deprive non-consenting owners from the use or enjoyment of any part of the property." Enjoyment of the property can include the visual impact of common elements combined in a uniform manner.

So, Paniolo Hale was designed in a Western Style in a natural setting. The screened in lanais with the white picket railings are unique features not seen or used to often in Hawaii. The additional cost to build them with so much detail warrants their preservation and adds to the uniform visual enjoyment. The screens were placed on the insides of the railings to preserve this look.

Each unit was designed and positioned to provide a corridor of view from the lanais so each lanai can be visually enjoyed from both the inside and out. It is absolutely essential that the architectural integrity of Paniolo Hale is maintained and that the plantation style (cowboy house) elements be kept strong and visible and uniform throughout. Modifications should therefore blend into the uniform appearance rather than change it. Additions should look as if they were always a part of the original design. Any modification or alteration undertaken should meet with the majority of owner’s 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 is very important to all the owners who elect their Boards to protect the interests of everyone.

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