Windward Harbour Application for Split Level Air Conditioning (SUAC)

Installation Packet

Dear 3rd or 4th Floor Homeowner:

This packet has been prepared by the Board of Directors to assist you in preparing for and, hopefully,
obtaining both Board approval and City and County of Honolulu approval for the installation of split level
air conditioning in your unit.

The packet contains:

 Exhibit B - Split-Level Air Conditioning Standards from our re-stated By-Laws, July 2016
 Additional requirements the Board of Directors will be looking for based on our knowledge of
what the City and County will be looking for plus the expert engineering consultation from
Alexander Mench, PE.
 Suggestions
 Pictures of an installation that has received C&C and Board approval
 Indemnity Agreement
 Association/Owner Agreement
 Stairwell Agreement

Our recommended steps to proceed are:

1. Understand the above information

2. Consult and engineer/architect to develop drawings and specifications
3. Get signed Agreements
4. Present drawings, specification and Agreement to the Board of Directors for preliminary
approval (Note: this is only preliminary approval as final approval will be based on C&C
approval)
5. Submit to drawings and specifications plus documentation of preliminary Board approval to the
C&C permit division
6. Notify the Board of the C&C feedback, request for additional information or changes, final
decision
7. Receive final Board approval.

If you have questions related to the above, please contact either the Resident Manager or the
Chairperson of the Building/Architectural Committee.

Good luck!

Prepared by WH Board of Directors – July 2016

Prepared by WH Board of Directors – July 2016
Prepared by WH Board of Directors – July 2016
Additional requirements the Board of Directors will be looking for based on our
knowledge of what the City and County will be looking for plus the expert
engineering consultation from Alexander Mench, PE

Refrigerant Lines:

 Insulation to be closed cell type, with UV paint for exterior section

 To be routed through existing utility side penetrations, if available. New penetration must have
approval of owners sharing stairwell plus the Board of Directors and must be properly sealed
and carry a two year warranty.
 If inside stairwell, have fireproof covering.

Electrical:

 Service receptacle is required within 25’ of installed equipment.

 An electrical survey may be required to ensure capacity for multiple units and multiple owners
adding AC units. It may be necessary for a service upgrade.

Condensing Unit:

 To be mounted on the utility side of the roof top only.

 To be mounted a minimum of 2” above roof membrane with absorption pads on a mounting
curb.
 To be bolted down to pad in a manner to withstand 105 mph winds.

Drain Lines:

 Interior drain lines shall have a trap and be routed to storm drain or scupper, in a manner
approved by the Board.

Suggestions
Owners may want to consider the economic benefits of having the same engineer design installations
for multiple owners in the same timeframe.

Owners may want to consider extending the expected lifespan of the rooftop condensing unit by having
an anti-corrosion coating applied to either the condenser coil or the entire condensing unit.

Prepared by WH Board of Directors – July 2016

Prepared by WH Board of Directors – July 2016
Contract
Prepared by WH of
BoardIndemnity
of Directors – July related
2016 to
 Indemnity Agreement for
Split Level Air Conditioning Unit
Effective Date ____/____/______

[Legal Name], AKA (Name)

Located at 1030 Aoloa Place, Unit # ______
Kailua, HI 96734
Phone Number _____________________
Email: _____________________________

and
Windward Harbour Association
Located at 1030 Aoloa Pace
Kailua, HI, 96734
Phone Number (808) 261-7170

This Indemnity Contract hereby declares that ____________________________ [Name],

1030 Aoloa Place, Unit # ___________ holds harmless Windward Harbour Association and all
affected Owners against any and all damage caused by installation and operation of SUACs for
the life of the SUACs and from any claims or court proceedings that may arise as a result of the
installation and operation of SUACs of Unit # ________.
Windward Harbour Association and _________________________[Name], Unit # ________
further agree:
That ______________________[Name], Unit # __________ shall hereby hold harmless
Windward Harbour Association from any and all actual or alleged claims, demands, liability, loss,
and / or injury to property or persons, whether this is brought by individual or another legal
entity, or imposed by a court of law that may arise out of any acts, omissions, negligence or
misconduct of [Name]. This indemnification shall apply to and include without limitation the
payment of all penalties, fines, attorneys’ fees, and related costs and any reimbursements to
[Name] for all legal expenses.

No supplement or modification of this Agreement shall be binding unless it is executed in

writing and signed by both of the above mentioned parties.

Prepared by WH Board of Directors – July 2016

If any legal action is brought forth in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorney’s fees in addition to any additional relief
entitlement.
Each party to this Indemnity Contract hereby warrants that they both have the legal power and
right to make this Agreement and bind each party.

Applicable Law
This contract shall be governed by the laws of the State of Hawaii in Honolulu County and
any applicable Federal Law.

__________________________________________________________ Date____________
Signature – Windward Harbour Association

_____________________________________________________________________Date____________
Signature – Owner of Unit # __________

Prepared by WH Board of Directors – July 2016

 Association/Owner Agreement
Related to Installation and Use of SUAC

Windward Harbour Association and ______________________________ [Owner name], Unit # _______

agree that the installed SUAC(s) in this unit have received City and County of Honolulu permit and are
approved by this Association’s Board of Directors. Approval by the Board of Directors has been based
on adherence to the standards outlined in the Windward Harbour By-Laws, restated July 2016, Exhibit B
and the recommendations outlined in the most recent Windward Harbour Application for SUAC
Installation Packet.

This agreement remains in effect for the life of the SUAC(s) installed and approved by the Association
Board on ______________________________ [date of Board final approval].

_______________________________________________ _______________________

Signature – Authorized Board of Director Date

____________________________________________ _________________ ______________________

Signature – Owner Unit # Date

Prepared by WH Board of Directors – July 2016

 Stairway Approval

This agreement is between owner applying for split level installation system
(SUAC) ____________________________________________ [Owner name], Unit
# ____ and neighbor owner sharing stairwell
______________________________[owner name], Unit # ______.

Owners named above agree to allow the installation of SUAC lines in the jointly
shared stairwell providing the City and County of Honolulu has awarded a permit
of such installation and the Association’s Board of Directors has approved the
installation.

It is further agreed that ___________________________[owner name], Unit #

___
is responsible for all costs related to the installation and proper maintenance of
the SUAC lines.

This agreement will remain for the life of the SUAC(s) and will pass to subsequent
owners of either unit during the life of the SUAC(s) approved by the Association
Board of Directors on ______________________ [date of final Board approval].

It is the responsibility of each owner to have a copy of this agreement filed with
the Resident Manager. It is the responsibility of each owner to disclose the
existence of this agreement to future buyers of Units __________ and ________
involved.

Agreed to by:
______________________[Owner of unit installing SUAC] Unit # ____ Date ____

Prepared by WH Board of Directors – July 2016

______________________ [Owner of Unit sharing stairwell] Unit # ___ Date ___

Prepared by WH Board of Directors – July 2016