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Maui Fires Emergency Questions and Answers

From everyone at Berding & Weil, we extend our deepest sympathy for owners, residents and employees affected by the fires. We hope this information helps victims of the fires and owners in condominium and community associations with questions pertaining to the Maui fires.

As discussed in more detail below, the first steps for a resident who has lost property are:

  1. Submit a claim of the loss to the insurance company.
  2. Call the mortgage company, if any, to request a deferral or other renegotiation.
  3. Beware of fraud. Sadly, at a time of massive loss, bad actors such as uninsured and unlicensed contractors and predatory purchasers can prey upon owners.
  4. If in an association, contact the managing agent of the association to provide a current mailing address, phone number and email addresses and accessing the association's website for information.

Immediate Assistance

Q

Are there any organizations providing shelter and housing?

A

Residents seeking housing who have been displaced or have been left houseless as a result of the fires can register for housing at Hawaii Housing Finance and Development Corp. at:
https://dbedt.hawaii.gov/hhfdc/hawaii-fire-relief-housing-program/.

American Red Cross, which has been located at the Hyatt in Kaanapali is offering temporary shelter.
Call 1800-733-2767 or https://www.redcross.org/local/hawaii.html.

For residents needing long-term housing, contact HUD counselors at
https://hudgov-answers.force.com/housingcounseling/ or 800-569-4287.

Please also visit the People's Fund of Maui: https://www.eifoundation.org/peoples-fund-of-maui/

Q

What organizations are providing food for fire victims?

A

WEST SIDE: Food distribution is available at Lahaina Gateway, 325 Keawe St., Lahaina 10 a.m. to 4 p.m.

CENTRAL: Feed My Sheep in Kahului at 150 South Pu'unene Ave. 9;30 a.m. to noon Saturday and at the parking lot next to Living Way Church in Happy Valley 10 to 11:30 a.m. on Friday.

Aloha Response Team x Buzz's Wharf, 159 Ma'alaea Boat Harbor rd., Ma'alaea Donation and distribution hub open daily 7 a.m. to 10 p.m.

SOUTH: Hope Chapel, 300 E Welakahao Rd., Kihei Donation and distribution hub open Monday-Friday 9 a.m.to 5 p.m., Sunday 8:30 a.m. to 12:30 p.m.

Kihei Regional Park: 1501 Liloa Dr, Kihei Donation and distribution hub.

UPCOUNTRY: Pukalani Church of the Nazarene: 211 Hiwalani Loop, Pukalani shelter, donation, and distribution hub also showers, counseling, and bus rides.

Food distribution is occurring also by Maui Food Bank at https://mauifoodbank.org/

Q

Is mental health care counseling available?

A

Hawaii Cares offers crisis cancelling by calling, texting or chatting 988: https://hicares.hawaii.gov/.
There is also a disaster distress helpline available through the national program Substance Abuse Mental Health Services Administration at 1-800-985-5990 or text to 66746.

Q

Where can children enroll in school and get school supplies?

A

Contact the local liaison of the Office of Student Support Services Jewelyn Kahele at 808.856.5317 to find out information about enrolling in classes, transportation and school supplies.

Maui YMCA is collecting and distributing school supplies, backpacks and other essential items to assist displaced students returning to school and Maui schools that are taking in new students or relocating to other facilities. Email theY@mauiymca.org for more information.

Q

Is there housing for pets?

A

For families who do not want to relinquish their pets, Hawaii Animal Rescue Foundation is coordinating taking animals to no-kill shelters at https://hawaiianimalrescue.org/ or 808-876-0022.
Maui Humane Society has also established pet food and supply pick up at Honokowai Beach Park at 4365 Lower Honoapiilani Road, Lahaina from 9 a.m. to 4 p.m. daily.

Q

Where can missing pets be located?

A

The Maui Humane society has established a site for missing pets at:
https://www.mauihumanesociety.org/services/lost-found-pets/.

Insurance

Q

Should claims of loss be submitted to the owner's insurance carrier even though the association has insurance?

A

Yes. Owners should immediately tender claims of loss to insurance carriers, including the homeowner's insurance policy carrier and any umbrella policy carrier and automobile policy carrier if an automobile was destroyed and needs to be removed. An owner may have coverage for improvements, appliances and fixtures in the unit, lost contents and personal property, relocation costs and loss assessment (if the association specially assesses owners).

Owners should also submit a copy of their homeowner's insurance policies to the association management office, which may be needed for the association to determine the extent of coverage for the rebuilding of the property.

Q

Are losses to owner's individual homes covered under the Association's policy?

A

For condominiums, Hawaii Revised Statutes (“HRS”) § 514B-143 covers the common elements and as-built conditions of the units. The policies should cover the rebuilding of the structures and walls of the units, exterior siding, gutters, fencing, walkways, mechanical systems, insulation, and other parts of the building and property outside of the unit. Some association policies also have coverage for debris removal and pollutant removal.

The improvements and betterments (such as improved cabinets, flooring and fixtures) normally need to be covered by the owner. For homeowners or community associations under HRS Chapter 421J, rarely will single family homes be covered but common areas are covered.

Q

Will the association cover relocation costs or lost rentals?

A

No. The association's insurance company will not cover relocation costs or lost rentals. Therefore, it is important that an owner promptly tender their claim of damage to all of the owner's possible insurance carriers (homeowners plus umbrella if applicable).

Q

Can association funds be used to cover deductibles or uninsured losses?

A

Usually yes. Where the damaged component is something for which reserves have been collected (roofs, painting, and balconies) then reserves can be used without "repayment". Otherwise, reserves must be repaid within three years upon the Board adopting a resolution.

Q

What if the homeowners' insurance policy carrier will not respond?

A

Contact the Hawaii Insurance Division at 808.586.2790 or insurance@dcca.hawaii.gov or cca.hawaii.gov/ins. This Division will assist owners in obtaining a response from your insurance carrier.

Q

What if a vehicle was damaged and is not drivable?

A

Owners should contact their automobile insurance company and initiate a claim. Be prepared to provide any information available on the condition of the vehicle and where it is located. Request whether the carrier will remove the vehicle from the site. Typically, Comprehensive or Other Than Collision coverage is needed to cover the damage of the vehicle. For any missing titles for vehicles, contact the Maui County Service Center Division of Motor Vehicle & Licensing.

Q

Can I locate the life insurance policy of a deceased family member?

Financial Loss Assistance

Q

What organizations are providing financial assistance?

A

Maui United Way Disaster Relief Fund at https://mauiunitedway.org/disasterrelief or dial 2-1-1 or text at 877-275-6569 is offering $1,000 per adult, first come first serve. Once those funds run out, United Way will be offering other programs and financial assistance for victims of the fire.

Aloha United Way at 808.275.2000, Hawaii Community Fund Maui Strong at https://www.hawaiicommunityfoundation.org/strengthening/maui-strong-fund and are also offering services.

Maui Global Empowerment Mission may also provide financial assistance for those directly affected. 115 S. Wakea, Unit B, Kahuhlui. https://www.globalempowermentmission.org/mission/maui-wildfires/

Unemployment

If your employment, including self-employment, was lost or interrupted due to the fires, visit https://huiclaims.hawaii.gov or call 808-984-8400 to apply for unemployment insurance benefits.

Additional unemployment benefits related to the disaster are provided by the federal government for those individuals who do not qualify for the state's unemployment insurance program. For more information on the federal Disaster Unemployment Assistance program, including benefit levels, visit https://oui.doleta.gov/unemploy/disaster.asp

Q

Can FEMA cover loss?

A

Possibly. It is encouraged to submit a claim with FEMA in case there is any likelihood of recovering money. Survivors with internet or telephone access can register for assistance by visiting https://www.disasterassistance.gov, calling 1- 800-621-3362 or by using the FEMA App.

FEMA does not provide financial assistance to associations. And, the maximum amount of financial assistance provided to an individual or household is $37,900 for housing assistance and $37,00 for other needs assistance. In addition, FEMA normally will not provide reimbursement to owners who have means to cover expenses, such as insurance and can include donations from GoFundMe or Venmo.

However, given the circumstances and that the debris threatens public health and safety, it is possible FEMA may provide debris removal under the Public Assistance Program. Further, FEMA may provide financial assistance to approved applicants for their uninsured or underinsured necessary expenses and serious needs. FEMA does not cover insurance deductibles as a standalone, disaster-related cost.

Q

Will FEMA assist with clean up?

A

In limited circumstances, based on the severity of the effects of an incident and whether debris on private property threatens public health and safety or the economic recovery of the community—FEMA may determine that debris removal from private property is eligible under the Public Assistance Program.

Q

Is there money available from the U.S. Small Business Administration (SBA)?

A

Owners can file for a loan with the U.S. Small Business Administration for a home disaster loan to repair or replace disaster-damaged real estate and personal property, including automobiles. The deadline to apply for physical damage is October 10, 2023 and for economic injury is May 10, 2024.

For primary home loans the rate is 2.5% to 5% with a maximum loan of $500,000. For secondary homes for economic loss (lost rental income) the limit is $2 million with rates from 4% to 8%. Owners and renters may borrow up to $100,000 for personal property with terms up to 30 years with no interest charged or loan payments due until 12 months from the date of first disbursement. An SBA disaster loan may be used to relocate. The amount of the relocation loan depends on whether an owner relocates voluntarily or involuntarily. Insurance proceeds can reduce loan eligibility.

The SBA has locations at UH Maui at 310 W. Ka'ahumuanu Ave., Kahului and at 590 Lipoa parkway, Suite 119, Kihei or contact call SBA Disaster Customer Service at (800) 659-2955, email disastercustomerservice@sba.gov or apply at https://disasterloanassistance.sba.gov.

Q

Are real property taxes due to the County of Maui?

A

No, if an owner's property was completely destroyed by the fire. The most recent information is Mayor Richard Bissen announced Wednesday, August 16, 2023, that fiscal year 2023-24 property taxes will be waived for improved properties completely destroyed by the Maui Wildfire Disaster in Upcountry, Kihei and Lahaina. If the property taxes were already paid, contact the Real Property Assessment Division to request a refund at 808-270-7297 or rpa@mauicounty.gov or at 110 Ala'ihi Street, Suite 110, Kahului.

Q

Will mortgage companies require payments of loans on properties?

A

Yes. However, it is encouraged to promptly contact the mortgage company to request a forbearance and financial assistance program.

Borrowers with a Freddie Mac or Fannie Mae mortgage loan will receive an automatic 90-day forbearance, meaning that no payment will be due for at least 90 days. To see if Fannie Mae is the lender go to https://yourhome.fanniemae.com/calculators-tools/loan-lookup.

The Federal Housing Agency (FHA) imposed a 90 day moratorium on foreclosures in Maui County starting on August 10, 2023. If the mortgage is insured by the FHA then owners may have options for mortgage relief. The FHA Resource Center is at 1-800-877-8339 and counseling services are at f1-800-569-4287. The FHA has counselors that can inform owners of their options, regardless of where they received their mortgage loan.

Maui County Federal Credit Union, Bank of Hawaii, First Hawaiian Bank, American Savings Bank and other lenders are providing loan forbearance, deferment and extension options and lines of credit.

Q

Are payments of maintenance fees to the association required?

A

Yes, but it is possible payment has been deferred and/or decreased for a period of time, so owners should contact the association management. Associations and their boards have no choice but to charge maintenance fees and reserves by law and the governing documents. HRS § 514B-144 requires owners to pay maintenance fees for the Association to maintain and operate these common elements and expenses of the Association, which can include ongoing costs for employees, management, insurance, contractors and professionals, even if there are no units.

Q

How do I know if a company is legitimate or fraudulent?

A

In times of disaster, there can be people that take advantage and attempt to commit fraud by providing extraordinary costs for services that are not legitimate, such as cleaning debris or the property. The Consumer Financial Protection Bureau protects consumers from unfair, deceptive, or abusive practices and take action against companies that break the law. Contact https://www.consumerfinance.gov/consumer-tools/disasters-and-emergencies/ for more information.

Accessing the Property

Q

Can I go to the property in the affected Lahaina area?

A

Presently, no. It is not safe. Access to the closed areas of Lahaina applies to all unauthorized personnel, media members, residents of the affected and the general public. The police are arresting and citing people who enter the area. There is no power, the water is contaminated, and the Department of Health recommends returning residents wear N95 masks which can filter out dangerous particulate matter that may be in the air. Please see the Maui County website for updates: https://www.mauicounty.gov/CivicAlerts.aspx?AID=12726

Q

Is tourism allowed in West Maui?

A

Yes, however, it is strongly discouraged by the Governor of the State of Hawaii. The Governor has issued several proclamations which state: “Nonessential travel to West Maui is strongly discouraged for the duration of the proclamation.” The disaster emergency relief period shall continue through October 17, 2023. More information on the proclamations can be found at https://governor.hawaii.gov/emergency-proclamations/.

Q

How is the debris going to be removed?

A

In “Phase 1”, FEMA in conjunction with the U.S. Environmental Protection Agency (EPA) will first remove the hazardous waste once it is cleared by search and recovery personnel. This work is apparently free to residents. EPA will remove products like paints, cleaners, solvents, oils, batteries, asbestos, and pesticides and propane tanks. Once the hazardous materials are removed, then a sign will be placed on the property. The State of Hawai?i issued an order on August 10, 2023 giving EPA authority to access properties without permission from the property owner.

Then, the U.S. Army Corps of Engineers will commence the “Phase 2” work and remove the debris.
The County of Maui website describes “Phase 2” as:

No debris removal will begin without the written consent of the property owner. A plan for residents to safely access their property is being developed. . . . The work of removing household hazardous material from Lahaina will be done by EPA teams working in zones. At this time, the disaster area is restricted to authorized personnel only and there is no list allowing residents to return to the disaster area. Debris removal from properties will begin after the EPA has removed household hazardous materials from the affected area.

According to U.S. Senator Brian Schatz, removing the debris could take up to a year. It is unclear whether the debris removal will be paid by the government, but several sources state the work is free to residents.

For Insurance Purposes