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HomeMy WebLinkAboutKAILUA-VILLAGE-APPEAL-SIGNED-2026-09-04_V1ASSOCIATION OF APARTMENT OWNERS OF KAILUA VILLAGE 75-5766 Kuakini Highway, Kailua-Kona, Hawaii 96740 c/o Associa Hawaii, 75-169 Hualalai Road, Kailua-Kona, Hawaii 96740 September 4, 2026 County of Hawaii Board of Appeals Aupuni Center, 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 boardofappeals@hawaiicounty.gov Re: General Petition for Appeal of a Decision of the Director of Public Works Appellant: Association of Apartment Owners of Kailua Village Property: 75-5766 Kuakini Highway, Kailua-Kona, Hawaii 96740; TMK (3) 7-5-008-016 Permit: PW.B2023-003558 Members of the Board: The Association of Apartment Owners of Kailua Village submits the enclosed General Petition for Appeal. The Association appeals the Stop Work Order placed on Building Permit PW.B2023-003558 on August 6, 2026, and the Department's related determination that a separate building permit is required for each of the sixty-four individual condominium units in a single building the County permitted as one building in 1970. Enclosed, in order: 1. General Petition for Appeal application form, with Signature Page. 2. Supplemental Statement to General Petition for Appeal, dated September 4, 2026. 3. Exhibit A. Electronic mail from Aaron J. Spielman, Building Division Chief, dated August 19, 2026. 4. Exhibit B. County of Hawaii EPIC record for Permit PW.B2023-003558, showing permit status and the Existing Holds table. 5. Certificate of Service. The decision appealed from is the Stop Work Order entered against Permit PW.B2023-003558 on August 6, 2026. The County's record of that decision, showing the permit status and the Existing Holds table, is enclosed as Exhibit B. The filing fee of two hundred fifty dollars ($250) accompanies this petition. A copy has been served on the Director of Public Works as set out in the Certificate of Service. Respectfully submitted, 09 / 04 / 2026 Brian Kroski, Secretary, Association of Apartment Owners of Kailua Village Date Doc ID: 979d7429b5aac2a3lac9035ddf773a4b2ab089f1 County of Hawaii BOARD OF APPEALS Aupuni Center • 101 Pauahi, Suite 3 • Hilo, Hawaii 96720 (808) 961-8288 • Fax (808) 961-8742 GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR (Type or legibly print the requested information. See instructions attached.) TYPE OF PETITION (check one): ❑ Appeal Decision of the Planning Director SUBJECT PROPERTY (land in question): Tax Map Key (TMK) State Land Use Designation: Street Address: (3) 7-5-008-016 (parcel 750080160000) 0 Appeal Decision of Director of Public Works Area of Property: 1.0547 acres (45,944 sq ft) Urban County zoning: V-.75 (Village) 75-5766 Kuakini Highway, Kailua-Kona, HI 96740 APPELLANT INFORMATION: Name(s): Association of Apartment Owners of Kailua Village Signature(s): See attached Signature Page Date: .See attached Mailing Address: c/o Associa Hawaii, 75-169 Hualalai Road, Kailua-Kona, HI 96740 Telephone: 808-837-5255 Email: kailuavillageboard@gmail.com Interest in Subject Property: Owner of the common elements of the Kailua Village condominium property regime, and the property owner of record on Building Permit PW.B2023-003558, the permit under appeal. LANDOWNER INFORMATION: Name(s): Association of Apartment Owners of Kailua Village (same as Appellant) Signature(s)': See attached Signature Page Date: See attached Mailing Address: c/o Associa Hawaii, 75-169 Hualalai Road, Kailua-Kona, HI 96740 Telephone 808-837-5255 Email: kailuavillageboardC@gmail.com APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable): Names)/Title(s): Signature(s): Mailing Address: Telephone: Email: Date: 1 Not required if the Landowner is not the Appellant. \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021 Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 Statement of the nature of Appeal and the Relief Requested. Include Director's decision and decision date: See attached Supplemental Statement to General Petition for Appeal, Association of Apartment Owners of Kailua Village, dated September 4, 2026. Statement of how the Director's decision violates the law; or is clearly erroneous; or is arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion: See attached Supplemental Statement to General Petition for Appeal, Association of Apartment Owners of Kailua Village, dated September 4, 2026. Statement of any other relevant facts: See attached Supplemental Statement to General Petition for Appeal, Association of Apartment Owners of Kailua Village, dated September 4, 2026. If there is insufficient space on this form to provide the information, then please include supplemental documents. \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021 Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 SIGNATURE PAGE GENERAL PETITION FOR APPEAL OF DECISION BY THE DIRECTOR OF PUBLIC WORKS Appellant: Association of Apartment Owners of Kailua Village Landowner: Association of Apartment Owners of Kailua Village (same as Appellant) Subject Property: 75-5766 Kuakini Highway, Kailua-Kona, Hawaii 96740; TMK (3) 7-5-008-016 Permit: PW.B2023-003558 Date of Petition: September 4, 2026 Decision Appealed: Stop Work Order placed on Permit PW.B2023-003558 on August 6, 2026, and the Department's determination that a separate building permit is required for each individual condominium unit. The Association of Apartment Owners of Kailua Village is both the Appellant and the Landowner in this appeal. The signatures below are given in both capacities. This petition is executed on behalf of the Association pursuant to Article IV, Section 4 of the By -Laws of the Association, which provides that in the absence of a Board resolution designating other signatories, instruments are signed by the President or Vice -President and by the Treasurer or Secretary. APPELLANT AND LANDOWNER: ASSOCIATION OF APARTMENT OWNERS OF KAILUA VILLAGE J Jeo& ,NoA.uA Scott Horner, Vice President Brian Kroski, Secretary 09 / 04 / 2026 Date 09 / 04 / 2026 Date This Signature Page is attached to and forms part of the General Petition for Appeal filed with the County of Hawai `i Board of Appeals, together with the Supplemental Statement to General Petition for Appeal of the same date. Doc ID: 979d7429b5aac2a3lac9035ddf773a4b2ab089f1 COUNTY OF HAWAI'I BOARD OF APPEALS GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR Form "APPEAL 2021-07 - PL or PW Dir", revised April 2021. Dated September 4, 2026. Type of Petition ❑ Appeal Decision of the Planning Director 0 Appeal Decision of Director of Public Works Subject Property Tax Map Key (TMK) (3) 7-5-008-016. County parcel number 750080160000 (condominium master parcel). Area of Property 1.0547 acres (45,944 square feet) State Land Use Designation Urban County Zoning V-.75 (Village), North Kona, zoning map 7040 Street Address 75-5766 Kuakini Highway, Kailua-Kona, Hawai'i 96740 Appellant Information Name(s) Association of Apartment Owners of Kailua Village Mailing Address c/o Associa Hawaii, 75-169 Hualalai Road, Kailua-Kona, Hawai'i 96740 Telephone 808-837-5255 Email kailuavillageboard@gmail.com Interest in Subject The Association is the owner of the common elements of the Kailua Property Village condominium property regime, including the drain, waste and vent piping and the chases in which it runs, and is the property owner of record on Building Permit PW.B2023-003558, the permit that is the subject of this appeal. Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 Signatures. Executed on behalf of the Association pursuant to Article IV, Section 4 of the By -Laws, which provides that in the absence of a Board resolution designating other signatories, instruments are signed by the President or Vice -Pr sident and by the Treasurer or Secretary. V JUf AAIM4 09 / 04 / 2026 Scott Horner, Vice President Date 09 / 04 / 2026 Brian Kroski, Secretary Date Landowner Information Not required if the Landowner is not the Appellant. The Appellant is the landowner of the common elements that are the subject of this appeal. See Appellant Information above. Appellant Representative Information Not applicable. The Association appears on its own behalf. Statement of the Nature of the Appeal and the Relief Requested The Association appeals two related actions of the Department of Public Works, Building Division. The first is the stop work order placed against Building Permit PW.B2023-003558 on August 6, 2026. It is recorded in the Department's own Electronic Processing and Information Center as a hold on the permit, entered with a hold date of 08/06/2026 and a status of Active, which changed the permit status to read, verbatim, "xx-Stop Work Order." The reason stated in that record reads in full: One permit pulled for entire building, but work occurring in each individual condo unit requires individual building permits. That sentence cites no provision of the Hawai'i County Code. The Association asked the Department in writing on August 18, 2026 to identify the provision relied upon and has received no answer. The engineer of record and his architect have also asked the Department for the specific rule and have received no answer. The second action is the determination that a condominium property regime requires a separate building permit for each unit tax map key for a building -wide plumbing replacement project of the common element pipes within the condominium project. That determination was communicated in writing by Aaron J. Spielman, AIA, Building Division Chief, on August 19, 2026, in an email copied to Wesley Segawa, Director of Public Works, and to Neil Erickson, the Plans Examining Manager. It states in relevant part: Each building on each TMK requires a unique permit, except for certain residential dwelling and accessory conditions as described in the Hawaii County Code. Since this project is a CPR (condominium), with unique TMK's, then each unit will require a unique permit. I cannot grant permission to close up walls within each unit, without the proper permits in place. Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 That document evidencing the determination is attached as the decision being appealed. The Building Division Chief, writing on Department letterhead concerning a permit within his division, is a duly authorized representative of the Director pursuant to Chapter 5 of the Construction Administrative Code. The Association applied for Permit PW.B2023-003558 on September 19, 2023. The Department completed its review and approved the permit as ready to issue on November 6, 2024. Its own record shows the building plan review completed and the out -process step accepted on that date, and a hold requiring a Project Declaration Form placed the same day. The Association paid the permit fee in early January 2025. Issuance of the permit was held while the Association completed a second round of contractor bidding, and the Department issued the permit on July 9, 2026. The permit authorizes replacement of the original 1971 cast iron drain, waste and vent piping serving a seven story, sixty -four - unit structure. The Department's own description of the permit begins "(1-PERMIT) Alteration to Existing Condo Building - Kailua Village Condo Building (Original BP# H45997)" and covers building, electrical and plumbing work. The Department issued the permit for the condominium master parcel, 750080160000. On July 20, 2026, the project to replace the pipes throughout the building began which required opening the walls within individual units to access the pipes. Twenty-eight days after issuing the permit, the Department stopped the work. The Association requests that the Board of Appeals: 1. Reverse the determination and confirm that Permit PW.B2023-003558 remains the operative permit required for replacement of common element piping throughout the single structure condominium building, and that the stop work order be lifted. 2. In the alternative, authorize immediate inspection and closure of the currently open building chases and completion of the scope of work authorized under the existing permit, while any additional permits are processed. 3. In the further alternative, remand the matter to the Director with instructions to identify the specific provision of the Hawai'i County Code relied upon in issuing the stop work order and to establish a definite schedule for processing the permits the Department now requires. While the appeal is pending, the Association is working to comply with the directive to obtain individual permits for each unit. Sixty-four applications have been filed, one for each condominium unit, between August 20 and August 27, 2026. As of September 3, 2026 not one has been issued and not one has reached a plans examiner. Most sit awaiting payment of a separate plan review fee the Department has assessed on each unit permit. The Association has paid the fee on ten. Of those, two have been returned at the intake stage for corrections to the architect's signature block and to a tax map key entry. Neither was reviewed on its merits. The Association is proceeding under protest and without waiving this appeal. Statement of How the Decision Violates the Law, Is Clearly Erroneous, or Is Arbitrary or Capricious The decision violates the Code Hawai'i County Code Chapter 5, Article 3, Section 5-3-5, provides that "a separate permit shall be required for each building or structure." The provision uses the terms "building" and "structure", not lot, parcel, tax map key or unit. None states that multiple permits are required for a plumbing replacement Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 project within a single structure. Section 5-3-5(3) provides that "Plumbing work for a dwelling and a private garage, shed, or accessory building located on the same premises as the main building and served by the same building water supply and building sewer as that serving the main building" requires one permit. Kailua Village is one building that shares the same building water supply and building sewer. Therefore, if it is permissible to require a single permit for unconnected buildings, it is permissible to require a single permit for a single condominium building. The Department's position is contradicted by the County's own records. The Real Property Tax record for parcel 750080160000 carries a single building card, Building Number 0001, improvement name Kailua Village, with floor sections 01 and 02 through 07 under that one card, and expressly designates the parcel a "Condo Master Non -Taxable Parcel" with individual assessments carried on the units below. The County assesses this property as one building on one master parcel. The Department's own permit history for this parcel records more than fifty years of contrary practice. Its Building Permit Report for TMK 750080160000 shows that the original construction of this building was permitted under a single building permit, H45997, issued September 28, 1970 for "NEW SEVEN STORY 64 UNIT CONDOMINIUM," with the electrical and mechanical work carried as trade sub -permits beneath that one permit rather than as separate permits for each unit. The permit now under appeal identifies that permit as its predecessor, describing itself as an alteration to the same building, "(Original BP# H45997)." The same report shows building -wide re -roofing permitted under one permit in 1980, and replacement of the building's fire alarm system, work requiring access to every unit, permitted under a single electrical permit, E2006-2359H, in 2006. Every building -wide project at this property since construction has been permitted as one permit on the master parcel, and the Department organizes the property's entire permit history under that master parcel number. The unit tax map keys ("TMK") are assessment parcels created when the Declaration of Horizontal Property Regime was recorded pursuant to Hawai'i Revised Statutes, §514-A, now §514-B. The structure was built in 1971 under original building permit H45997. The condominium regime that produced the individual unit TMKs was recorded thereafter. The Director's position requiring permits for each TMK substitutes a tax classification for the structural test the Code prescribes. Further, the drain, waste and vent stacks, and the chases are common elements owned and maintained by the Association. Requiring the Association to obtain permits in the names of individual unit owners, supported by owner declaration forms, attributes Association property to owners who neither own nor control these. The decision is clearly erroneous on the record The Department issued this permit for the exact scope of work (replacing the plumbing within the entire condominium building), on this exact structure, with these exact TMKs, after review by the Department's plans examiners. It selected the condominium master parcel as the permitting parcel. It described the work in its own system as "(1-PERMIT) Alteration to Existing Condo Building - Kailua Village Condo Building (Original BP# H45997)," and set out the authorized scope in three lines: "Building - Removal, repair and replacement of bathroom fixtures, finishes and facilities to accommodate Plumbing replacement," "Electrical - Update and Installation of smoke alarms," and "Plumbing - Removal, repair and replacement of plumbing." That is the same combined scope the Department now says requires a separate permit for each of the sixty-four units. The bathroom fixture work and the smoke alarm installation the Department authorized under this single permit can only be performed inside the individual units. Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 Nothing about the building, the ownership configuration, the tax map keys or the scope of work changed between July 9, 2026 and August 6, 2026. The only thing that changed was the Department's reading of its own Code. A reversal of the Department's own determination, twenty-eight days after issuance, on facts that did not change, is clearly erroneous in view of the reliable, probative and substantial evidence on the whole record. The Department uses holds on a permit to communicate requirements that must be satisfied before the permit will issue, and it used that mechanism on this permit. The permit record carries a hold dated November 6, 2024 requiring a Project Declaration Form before issuance. That hold was satisfied and made inactive, and the permit issued. The Department placed no hold requiring individual unit permits, and raised no such requirement at any point in the review. The Association relied on the issued permit. It contracted the work, financed it, mobilized subcontractors and opened the building. Shortly thereafter, the Association was ordered to stop work. If the Association had been required to obtain the sixty-four individual unit permits prior to issuance of the permit for the building, the Association would have complied prior to beginning the work. The Association relied on the Department to make an accurate determination on whether any additional information or permits were required prior to issuing the permit for the building. The decision is arbitrary or capricious and reflects an unwarranted exercise of discretion The Department has never identified the provision it relies on for the stop work order. The stop work order does not cite to any section of the Code. The August 19, 2026 writing invokes "the Hawaii County Code" and "the HCC" generically and likewise cites no section. The Association asked the Department in writing to identify the provision requiring a separate permit per tax lot for common element work in a single structure and received no answer. The engineer of record and his architect made the same request of the Department independently and also received no answer. A determination to stop work which cannot or will not cite to a provision of the Code providing such authority is not a reasoned exercise of the Director's discretion. The Association also asked the Building Division Chief in writing, on August 18, 2026, what forum was available to discuss why sixty-four owner permits were being required for work on Association -owned pipes inside Association -owned walls. The response of August 19, 2026 identified no forum. This petition is the Association's first opportunity to be heard. The Department has acknowledged an unsafe condition in writing and refused to allow it to be remedied. The same August 19, 2026 writing states that openings in the concrete structure between units "are unsafe and could lead to the passage of gases and smoke between units," and in the same document states, "I cannot grant permission to close up walls within each unit, without the proper permits in place." The condition the refusal sustains is more severe than the one the Department identified. The project contractor has reported that the stack is open from the first floor to the seventh, that access holes exist in walls and ceilings adjoining and below neighboring units, and that air, gases and smoke travel freely through them. Units have stood open since July 20, 2026. Residents report cockroaches and mosquitoes entering living space through the open chases. Occupants include elderly and disabled residents of impaired health. The Department has denied requests to abate the hazard. Courtesy and emergency inspections that would permit the open chases to be closed have been requested and explicitly denied. The Department has Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 provided no timeline for processing the permits it now requires, and has declined to meet with the Association's engineer of record and its directors. Refusing to abate a hazard the Department itself identified, while offering no path and no schedule, is an abuse of discretion and a clearly unwarranted exercise of discretion. Statement of Any Other Relevant Facts Permit history. Permit PW.B2023-003558 was applied for on September 19, 2023 and issued on July 9, 2026. It carries a valuation of $2,000,000, expires July 8, 2032, and is recorded in District 7, North Kona, against parcel 750080160000. Its status now reads "xx-Stop Work Order." The inspection record. Three inspections sit on the permit. An electrical inspection, PW.IELE2026- 016610, was rejected on August 6, 2026 at 2:10 PM by inspector Franklin Nacis. A plumbing inspection scheduled the same day, PW.IPLM2026-016562, was cancelled. A building inspection scheduled for August 10, 2026, PW.IBLD2026-016529, was cancelled. The Association understands the plumbing scope passed, and that the remaining inspections were held both by the building and condominium permit question and because the electrical work was not yet complete. The Department has since agreed to split future inspections between electrical and plumbing. Original construction defects. During the work a Department inspector observed open penetrations between floors dating to the original 1971 construction, with no fire stopping. The Department described those openings in writing on August 19, 2026 as unsafe and capable of passing gases and smoke between units, said they must be filled to achieve fire -resistance requirements, and directed that the remediation be added to the appropriate permits for review and inspection. The Association did not wait. The contractor raised a request for information on August 6, 2026, the day the stop work order issued, recording that the building inspector was requiring all floor penetrations to be fire stopped. The project architect responded on August 10, 2026, accepting a listed two hour rated fire stopping system for the floor penetrations subject to field verification, and directing that a different system be submitted for the larger openings at the tub and shower. That remaining condition is being resolved. The Department does not itself approve fire stopping. It verifies the condition through its building inspector before the chase is closed. None of that can happen while the stop work order stands. The Association is being held responsible for an open life safety condition it is actively working to close, and the Department's own order is what keeps the chases open. Compliance under protest. Between August 20 and August 27, 2026 the engineer of record filed sixty- four individual permit applications, one for each condominium unit. The Department has not asked for a sixty-fifth permit covering the common areas. The Association and its engineer identified that gap themselves and are addressing it. As of September 3, 2026 not one of the sixty-four has been issued and not one has reached a plans examiner. The Department has assessed a separate plan review fee of $64.28 on each application, and fifty-four of the sixty-four sit at "Pending Plan Review Fee Payment," meaning no review begins until it is paid. The Association has paid the fee on ten. Eight of those are waiting for a reviewer. On the other two the result has been worse. On unit 102, PW.B2026-002787, the fee was paid in full under invoice INV-00066286, and on August 31, 2026 the Department returned the application at the intake stage, recorded as "(IN TAKE) Building Division Review, Submittal Status: Return," marked "Requires Applicant Action," before any examiner reached the merits. The corrections the Department asked for are that the architect's signature is missing from three plan sheets and that the property owner declaration lists an incorrect tax map key. Unit 301, PW.B2026-002791, was returned the same way, for Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 an illegible architect's signature on the same three sheets. The Association is correcting both. Those two are the only applications of the sixty-four on which the Department has taken any action at all since filing, and neither was reviewed on its merits. Elapsed time. As of the date of this petition the affected units have stood open since July 20, 2026, a period of forty-six days, and the stop work order has been in force twenty-nine days. The Department has given the Association no schedule for issuing any of the permits. Consequences. All subcontractors have demobilized and remobilization is estimated at one to three weeks after approvals. The Association expects a formal notice of demobilization from its contractor stating delay costs and a remobilization time. The project is financed by a commercial loan the Association executed in August 2026, and carrying costs run against work that cannot proceed. Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 EXHIBIT A Electronic mail from Aaron J. Spielman, AIA, NCARB, NFPA, Building Division Chief, County of Hawaii Department of Public Works, to Scott Horner, Vice President, dated August 19, 2026, copied to Wesley Segawa, Director of Public Works. Referenced in the Supplemental Statement to General Petition for Appeal. Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 From: Spielman, Aaron <Aaron.Spielman@hawaiicounty.gov> Date: Wed, Aug 19, 2026 at 11:24 AM Subject: RE: Kailua Village County -inflicted safety problems To: scotthorner428@gmail.com <scotthorner428@gmail.com> Cc: mel@myhawaiilaw.com <mel@myhawaiilaw. com>, Segawa, Wesley <Wesley.Segawa@hawaiicounty.gov>, Azevedo, Neil<Neil.Azevedo@hawaiicounty.gov>, Holzman-Escareno, Juliana <Juliana.Holzman-Escareno@hawaiicounty.gov>, Erickson, Neil < Neil. Erickson@hawaiicounty.gov> Aloha Mr. Horner — Thank you for the email. The Plans Examining Manager, Neil Erickson, cc'd here, has been in contact with the design engineer for this project. We have received a sample set from the engineer of record, and staff will review to ensure it is compliance with the HCC. Each building on each TMK requires a unique permit, except for certain residential dwelling and accessory conditions as described in the Hawaii County Code. Since this project is a CPR (condominium), with unique TMK's, then each unit will require a unique permit. I cannot grant permission to close up walls within each unit, without the proper permits in place. Although the work inside the chase may be for building specific infrastructure, the work occurring in each unit has drywall work and electrical work for the smoke detectors. Where the plumbing leaves the chase, it is also inside the unit and needs to be inspected under permit. During construction, it was observed by an inspector that there are deficiencies in the original construction, with open holes between units (up/down) in the concrete structure. These openings are unsafe and could lead to the passage of gases and smoke between units. The openings need to be filled in with the appropriate material to achieve fire -resistance requirements, and this information should be added to the appropriate permits for review and inspection. Mahalo I Aaron Aaron J. Spielman, AIA, NCARB, NFPA Building Division Chief County of Hawaii Department of Public Works Building Division Kona Office: (808) 323-4731 Hilo Office: (808) 961-8434 Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 EXHIBIT B County of Hawaii Electronic Processing and Information Center (EPIC), record for Building Permit PW.B2023-003558, showing permit status "xx-Stop Work Order" and the Existing Holds table containing the Stop Work Order hold dated August 6, 2026. Retrieved September 3, 2026 Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 EXHIBIT B EPIC record, Permit PW.B2023-003558, retrieved September 3, 2026 Type: Non -Residential Status: xx-Stop Work Order Project Name: Alteration IVR Number: 456094 Applied Date: 09/19/2023 Issue Date: 07/09/2026 District: 7-North Kona Assigned To: Expire Date: W/08/2032 Valuation: $2,000,000.00 Finalized Date: Description: (I -PERMIT) Alteration toExiWngCondo building -KailuaVillageCondo budding (Original3P#H45994 - Building- Removal, repair and replacement of bathroom fixtures, finishes and facilities to accommodate Plumbing replacement. - Electrical - Update and Installation of smoke alarms. - Plumhing- Removal, repair and replacementof plumbing. Summary Locations reel Reviews Inspections @ Attachments Contacts Sub -Records = More info Existing Holds I Next Tab I Permit Details I Main Menu Existing Holds Sort Description Project Declaration Project Declaration Form Required for Issuance Project Declaration Form Required IV06/2024 Inactive Form Required for for Issuance Issuance Stop Work Order Used Tfthepermit reeds tobeplaced onastopwork. One permit pulled forentirebuilding, 08/06/2026 Active due to an issue requiring resolution before work can but workoccurrini each individual continue condo unit requires individual building permits. Doc ID: 979d7429b5aac2a31ac9035ddf773a4b2ab089f1 CERTIFICATE OF SERVICE I, Brian Kroski, Secretary of the Association of Apartment Owners of Kailua Village, certify that on September 4, 2026 a true and correct copy of the foregoing General Petition for Appeal, the Supplemental Statement to General Petition for Appeal, and Exhibits A and B, was served upon: Wesley Segawa Director, Department of Public Works County of Hawaii 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 Wesley. Segawa@hawaiicounty.gov by electronic mail. Courtesy copies were transmitted by electronic mail to: Aaron J. Spielman, Building Division Chief - Aaron. Spielman@hawaiicounty.gov Neil Erickson, Plans Examining Manager - Neil.Erickson@hawaiicounty.gov No separate service upon the landowner of the affected property is required. The Association of Apartment Owners of Kailua Village is the owner of the common elements that are the subject of this appeal and is both the Appellant and the Landowner, as stated on the application form and on the Signature Page. M 09 / 04 / 2026 Brian Kroski, Secretary, Association of Apartment Owners of Kailua Village Date Doc ID: 979d7429b5aac2a3lac9035ddf773a4b2ab089f1 Dropbox Sign Audit trail Title Kailua Village Appeal Submission Filename Kai lua-Village-Ap...-2026-09-04-1.pdf Document ID 979d7429b5aac2a31 ac9035ddf773a4b2ab089f1 Audit trail date format MM / DID / YYYY Status Signed Document History G09 / 04 / 2026 Sent for signature to Brian Kroski (briankroski@gmail.com) SENT 21:43:29 UTC and Scott Horner (scotthorner428@gmail.com) from tamara@tamaraolsondesigns.com IP: 140.174.89.145 <° 09 / 04 / 2026 Viewed by Brian Kroski (briankroski@gmail.com) VIEWED 21:43:37 UTC IP: 140.174.89.145 �i 09 / 04 / 2026 Signed by Brian Kroski (briankroski@gmail.com) SIGNED 21:44:04 UTC IP: 140.174.89.145 <0 09 / 04 / 2026 Viewed by Scott Horner (scotthorner428@gmail.com) VIEWED 21:46:16 UTC IP: 97.94.24.176 k 09 / 04 / 2026 Signed by Scott Horner (scotthorner428@gmail.com) SIGNED 21:47:00 UTC IP: 97.94.24.176 (✓ 09 / 04 / 2026 The document has been completed. 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