Tall Tree Indemnity Agreement

WHEREAS: Kuau Bayview DCCR 10(b)(xxii) states that "No tree shall exceed a height of thirty (30) feet"; and

WHEREAS: The HOA has a duty to enforce community rules, including tree height limits, in the interest of protecting owners' property and personal safety; and

WHEREAS: If the Board fails to enforce these rules, the HOA may be considered negligent and could be held liable for damages if a tall tree on one owner's property causes damage to another owner's property or to County or State property; and

WHEREAS: Several KB properties have trees that are approaching, or have exceeded, 30 feet in height;

THEREFORE: While the Board will not demand that these trees be brought into compliance, if the owners choose not to do so, we WILL require that the tree owners sign the following INDEMNITY AGREEMENT.

The undersigned agrees as follows:

1. Owner acknowledges and understands that their tree or trees pose a danger of causing property damage or bodily injury to themselves or others.
2. Owner acknowledges that the trees could represent a fire hazard to surrounding houses.
3. Owner agrees to defend, indemnify, and hold Kuau Bayview at Paia HOA, its officers, contractors, and volunteers harmless from and against any and all losses, liability, claims, and demands for personal injury, death, or property damage arising out of or in connection with their trees, and further agrees to reimburse the HOA for all costs, expenses, charges, including reasonable attorneys' fees, incurred in connection with any defense or judgment resulting out of any such litigation.
4. Owner hereby releases Kuau Bayview at Paia HOA, its officers, contractors, and volunteers from and against any and all claims, demands, and/or causes of action the owner may have for property damage, personal injury, death, or property damage arising out of or in connection with their trees.
5. Owner confirms that he/she has read, understands, and agrees to the terms of this ACKNOWLEDGEMENT, WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT.

IN WITNESS WHEREOF, the undersigned has executed this ACKNOWLEDGEMENT, WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT on this ____ day of ___________, 2025.

OWNER: Lot Number & Address & Phone Number
WITNESS: Name & Signature & Date

If you have a tall tree, please download the pdf version of this document, fill it in, sign, scan, and email it back to hoa@kuaubayviewmaui.com. Or you can print it on paper, then mail the completed document to 37 Kaiea Pl, Paia, HI 96779 or place it in the drop box at the same address. THIS IS NOT OPTIONAL!

Please everyone check your yards for any trees that are over or approaching 30 feet in height. The most obvious ones are the Queen Palm on Lot 68, and the Cook Island Pines on Lots 35 and 48. Some tall African Tulips on Lot 37 have already been taken down after several branches fell during a wind storm. There may be an Autograph Tree in the backyard of Lot 35 that could be over 30'. There are a couple of Palms on Lot 13 that are definitely over 30'. Palms are not likely to fall over thanks to their strong root system, but fronds, seed pods, & coconuts falling could do a lot of damage. Please check. Mahalo!

COOK PINES: This is a comment from Tony Barwick of 'Iwa Maui Tree Service: Cook pines might look majestic, but beneath the surface, they can cause major problems. Their aggressive, invasive root systems are known for spreading far and wide, often lifting driveways, cracking foundations, and in this case… pushing in a garage wall. Our client reached out after noticing serious structural pressure on their home and it didn't take long to spot the culprit. We were called in to safely remove the Cook pine before the damage got worse - rigging it out piece by piece next to the ohana and above the garage roof. This is exactly why proper tree placement and species choice matters! Need help with an invasive or high-risk tree? Let's talk. 'Iwa Maui 808-344-0851 www.iwamaui.com