landlord/tenant Q&A

CATHERINE M. MATTHEWS (R), GRI
Broker-In Charge, Callahan Realty, Ltd.
Past President, Oahu Chapter
National Association of Residential Property Managers

Q. I lived in several different apartment complexes on the mainland. When I wanted a rental, the building superintendent could give me a list of everything available in the building. When I had a problem, even a minor one like changing out burned out light bulbs, I’d call the building superintendent and he would do it for me. He would open my apartment when I was locked out, make sure all the appliances worked, help with pest control, accept packages from the mailman, generally oversee and help with everything for all the residents. The managers here don’t help at all with the units. Why are things so different?

A. This is a very interesting question and the answer lies in the actual definition of condominium complex and an apartment building. Across the country most major cities have apartment houses, towers, complexes, etc. They call them by different names depending on what part of the country you are in. In Hawaii, most people call the high rises they see apartments because of the look of the building, although most are not truly apartments. Apartment buildings or complexes are owned by one entity; be it a single person, a partnership or, even the government. The bulk of apartments in Hawaii are walk ups; four stories or less. There are a few bigger ones in Honolulu, Waikiki, Wahiawa and Waipahu, also there are some isolated town house style apartments. Apartment complexes often have an onsite manager or an owner/ manager and a rental office. The units are not owned individually. You can go and inquire what about what is for rent. The onsite maintenance staff takes care of many maintenance issues. In most areas of the country, apartments far outnumber condominium units.

However, in Hawaii the opposite is true. Condominiums “condos” far outnumber apartments. What makes a condominium is the piece of paper that a Developer files with the City & County when he is seeking permission to build. Condos can look like apartment buildings, townhouse style units and even single family homes. Condominiums have property regimes, bylaws and rules that each owner agrees to adhere to when they purchase the property. Condominium units, no matter what style, are individually owned. It is said that when you own a condominium you have “an undivided interest in the whole.” Each unit has a relationship with the other and together they maintain everything commonly owned ie. swimming pool, driveways, common landscape. A separate deed is issued for each unit and a mortgage can be secured for each individual unit. Condos can be lived in by owner occupants or renters. There are no on site rental agents since the units are individually owned by lots of different people. They are free to hire their own agent, or they may manage their rental themselves. An exception may be a condominium complex that is rented out as vacation property and there may be an on-site rental office; however, the complex cannot mandate that you have to hire that company. They would represent the owners that choose to join their rental pool. Resident/ on site managers do not work for individuals but rather the association of owners. Their job is to maintain the complex as a whole; the parts that are owned by everyone together. The interior of the unit itself is maintained solely by its owner.

It is always important when purchasing a condominium to read the By-Laws and House Rules, be sure they are rules you are willing to adhere to, by purchasing you are agreeing to do just that. When renting, be sure to understand who is responsible to take care of any maintenance issues when they arise, the individual owner, individual rental agent or the manager of the complex. As always, it is best to know what you are getting into up front!

Answers to questions in Landlord Tenant Q&A are provided by members of the Oahu Chapter of the National Association of Residential Property Managers (NARPM), an organization that supports the professional and ethical practices of rental home management through networking, education, and certification. The Oahu Chapter, founded in 2004, has become the largest in the nation with 237 registered members. Disclaimer: The answers provided in this column by Realtors address individual cases and should not be construed as interpretations of the law. For specific information on Hawaii State Law, go to http://hawaii.gov/dcca/areas/ocp/landlord_tenant or contact