Lanai Railings Sample Clauses

Lanai Railings. Xxxxxxxx also argues that the lanai railings are limited common elements. According to Sections A(1)(b)(1), (2), and (3) of the Casa Declaration quoted in Section IV(B)(2) above, “lanais” are deemed to be included within the apartments. According to Section A(1)(d) of the Declaration, apartments do not include “the undecorated or unfinished surfaces of the perimeter walls or interior load-bearing walls, [or] the floors and ceiling surrounding each apartment,” which are common elements. “Lanai railings” do not appear to constitute “perimeter walls” classified as common elements under this provision. The same provision provides that “[e]ach apartment shall be deemed to include all the walls and partitions which are not load bearing within its perimeter walls. . . .” “Lanai railings” also do not appear to fall within this provision. Therefore, although the Declaration defines “lanais” to be included within the apartments, the Declaration is unclear whether “lanai railings” are part of the apartments or are common elements. Casa argues that “lanai railings” are common elements under the Declaration because they are “supports” under Section A(2)(b). This provision includes “[a]ll foundations, floor slabs, columns, girders, beams, supports, unfinished perimeter and load-bearing walls, roofs, chases, entries, stairways and walkways of said buildings” within common elements. We need not address this argument, however, because Section A(2) controls. As noted earlier, Section A(2)of the Declaration begins with the pronouncement that “all of the remaining portions of the project” not specifically included within the apartments are “common elements.” As “lanai railings” are not otherwise included within the definition of apartments they are, by default, common elements under Section A(2) of the Declaration. We then turn to Section A(3), which defines limited common elements under the Declaration. This provision does not specifically classify lanai railings as limited common elements. However, as also previously noted, pursuant to HRS § 514A-3, common elements reserved for the use of certain apartments within the Project are limited common elements, whether or not they are so designated in a declaration. Therefore, we hold that the Project’s lanai railings are also limited common elements. Casa argues that the lanai railings are common elements based on HRS § 514A-3, which provides that “[a]ll other parts of the property necessary or convenient to its . . . safety” are...
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