A. An apartment shall be used only
as a residence and shall not be used for business or other purposes
without prior written approval of the Board of Directors.
B. An absentee owner, at his expense,
shall have an agent, friend, or maid conduct periodic inspections
of the owner's apartment for plumbing and appliance malfunctions,
and assume responsibility for the contents thereof.
C. No animals whatsoever (including
dogs, cats, and any other animals commonly accepted as household pets)
shall be allowed or kept in any part of the complex by residents or
their guests. Notwithstanding the foregoing, certified guide dogs,
signal dogs, or other animals upon which handicapped, occupants depend
for assistance shall be permitted to be kept at the Project and shall
be allowed to walk throughout the common elements while on a leash,
provided that such animals shall at all times be accompanied by the
occupants to whom they belong while present upon the common elements.
Furthermore, this exception shall also apply to certified guide dogs,
signal dogs, or other animals depended upon by handicapped guests
of occupants. If such certified guide dog, signal dog, or other animal
causes a nuisance or unreasonable disturbance, the owner thereof will
be given an opportunity to rectify the problem by measures which fall
short of ejectment of the animal from the Project. Ejectment will
be required only if the Board of Directors reasonably determines that
less drastic alternatives have been unsuccessful or would be futile.
If such an animal is ejected, it will nonetheless be allowed to remain
at the Project for a reasonable period of time while the owner thereof
attempts to find a suitable replacement animal, provided that the
problem is controlled to a sufficient degree that the continued presence
of the animal during that time does not constitute an unreasonable
imposition upon other occupants.
D. All apartment owners and occupants
shall be responsible for the conduct of all guests at ail times, ensuring
that their behavior is neither offensive to any occupant of the complex
nor damaging to any portion of the common elements. There are no specific
age restrictions upon children's unsupervised use of the recreation
areas and the swimming pools. However, parents and/or guardians are
responsible for the safety and conduct of their children, and are
expected to utilize reasonable judgment in determining whether their
children may safely utilize the recreation areas and the swimming
pools. No person is permitted to play in the elevators, corridors,
parking areas or grounds.
E. Bicycles can be left in the storage
area only while Owners and guests are on the property. Bicycles must
be identified with unit numbers on them.
Ill. TEMPORARY OCCUPANCY
A. Subject to the terms of the Apartment
Deed, the Declaration, and the Bylaws, an apartment owner may lease
or rent his apartment to other persons or make it available to friends,
but the person or persons leasing, renting, or living in the apartment
shall abide by the Declaration, the By-Laws, and these House Rules,
and the owner shall assume responsibility for such an occupant's conduct.
The owner must notify the Managing Agent of the names and length of
anticipated occupancy of all lessees, renters, or guests, and must
deliver to lessees, renter, or guests a copy of these House Rules.
Guest Registration: Guest registration
is mandatory for all occupants and will be performed by the Kihei
Akahi Office along with the distribution of parking permits and house
rules.
B. Since each apartment owner shall
be responsible for the conduct of any such lessee, renter, or guest,
if the apartment owner is unable to control the conduct of the lessee,
renter, or guest, and such a person fails to observe all of the provisions
of the Declaration, the By Laws, and these House Rules, the apartment
owner shall, if so requested by the Board of Directors or the Managing
Agent, immediately remove the lessee, renter, or guest from the premises,
without compensation for lost rentals or any other damage resulting
therefrom. (See Article V in the By-Laws)
C. Each apartment owner shall be responsible
for designating an individual or firm on Maui to represent his interest
if his residence is outside of Hawaii or if he will be absent from
the apartment for more than thirty (3U) days. In such circumstances,
the owner shall file with the Managing Agent his out-of-town address
and telephone number and the telephone number of his agent/representative
on Maui.
D. The Managing Agent/Resident Manager
is not required to give access to any apartment without the written
permission of its owner.
IV. COMMON AREAS, ENTRANCES, LANAI,
AND WINDOWS
A. No apartment owner or occupant
shall place, store, or maintain in the halls, lobbies, stairways,
walkways, grounds, or other common elements any furniture, packages,
or objects of any kind, or otherwise obstruct transit through such
common elements which are not to be used for any other purpose than
ingress and egress.
B. Except as expressly permitted in
the Declaration, no apartment owner shall decorate or landscape arty
entrance, hallway, planting areas, court, or lanai appurtenant to
his apartment, except in accordance with standards therefore established
by the Board of Directors or specific plans approved in writing by
the Board.
C. No textile items, including towels;
bathing apparel, clothing, and laundry, nor any brooms, mops, cartons,
or other objects shall be placed on Lanai or passageways or in windows
so as to be in view from outside the building or other apartments;
nor shall the Lanais be used for storage purposes.
D. Skates, scooters, and skateboards
are not permitted to be used on the property, The use of bicycles
and mopeds is not permitted except for ingress and egress. There shall
be no ball or frisbee playing on the lawns or in the parking areas.
E. Nothing shall be thrown from Lanai,
windows, and entrance balconies. Cigarettes and matches, especially
are a fire hazard. The throwing of firecrackers from lanais and the
exploding of any fireworks anywhere within the complex is expressly
prohibited.
F. No shoes, slippers, laundry, or
other articles shall be left in view at front entrances.
G. Trash and garbage shall be deposited
in the trash chutes only from 8:00 a.m. to 9:00 p.m. due to the noise
factor. For personal safety, occupants of apartments on the 1st floor
of C Building and of both the ground and 1st floors of D Building
shall go to the 2nd floor trash chutes to deposit trash and shall
not use the doors to the trash bins on the 1st floor of each building.
H. Barbecuing on lanai or elsewhere
on the premises is not permitted. However, barbecues are provided
in both recreation areas and may be used until 9:00 p.m.
I. Temporary portable lamps of 60
watts or less on the lanais are permissible provided they are not
hard wired nor attached to the walls or ceilings.
J. Advance notice must be given the
Managing Agent/Resident Manager when household goods or large items
of furniture are to be moved through corridors or stairways.
K. No solicitation or canvassing will
be allowed in the complex at any time.
L. Furniture placed in any common
area is for use in that specific area and must not be moved therefrom.
M. Curtains and drapes shall be white
or lined with white material so as to create uniform appearance.
N. Activities on the lawns that may
cause damage to the landscaping or common elements or create a disturbance
are prohibited.
O. All damages to any building or
other common element shall be paid by the person causing the damage.
P. Feeding birds and cats is not permitted.
V. RECREATION AREAS
A. The recreation areas are open between
the hours of 9:00 a.m. and 9:00 p.m. for use by owners, lessees, or
renters. It is now permissible to reserve one table at the lower pool
per night for Homeowner's usage. There shall be no restrictions on
the number of persons per table. This privilege may be utilized once
per month per owner. Please contact the Association Office to make
arrangements. Guests must be accompanied by the registered owner or
registered renter.
B. There are no specific age restrictions
upon children's unsupervised use of the recreation area. However,
parents and/or guardians are responsible for the safety and conduct
of their children, and are expected to utilize reasonable judgment
in determining whether their children may safely utilize the recreation
areas without adult supervision.
C. Rules for use of the swimming pools
are posted in each recreation area and should be read and observed.
D. Swimming is permitted between the
hours of 9:00 a.m. and 9:00 p.m. On New Year's Eve, the pool areas
will be open until 12:30 a.m.
E. Correct bathing attire must be
worn by all persons., including infants, using the pool
F. Inflatable items (except for life
saving devices), plastic floats, snorkeling gear, and pool toys are
not permitted in the pools.
G. Radios, instruments, or sound equipment
shall not be played in the recreation areas without prior arrangement
with the Resident Manager.
H. The tennis court is available form
7:00 a.m. to dark. Persons wishing to use the court must register
in person at the Resident Manager's office by the day before planning
to play. Proper tennis attire must be worn; street shoes are not permitted.
There are no specific age restrictions upon children's unsupervised
use of the tennis court, However, parents and/or guardians are responsible
for the safety and conduct of their children, and are expected to
utilize reasonable judgment in determining whether their children
may safely utilize the tennis court without adult supervision.
VI. PARKING AREAS
A. Parking is limited to ONE space
per unit. Each occupant must use only the one space assigned to his/her
apartment.
B. No cars may be parked or left unattended
in any driveway or other area designated as a no parking zone.
C. Visitor parking spaces are designated
for the exclusive use of guests, not owners, lessees, or renters.
The Managing Agent/Resident Manager shall verify the validity of the
guest relationship of any person using a guest parking space.
D. Parking is not permitted for more
than ten (10) minute periods in spaces designated "Loading-Zone".
E. In addition to the information required to be submitted to the
Manager pursuant to Section 111, A, of these Rules, the apartment
owner shall advise the Managing Agent/Resident Manager in writing
the type of vehicle and license number being used by his lessee, renter,
or long terra guest.
F. When workmen are performing work
on an apartment, the owner shall advise them to use his parking space
or park in the guest parking space.
G. Vehicles shall be centered in parking
spaces so as to prevent crowding of adjacent spaces or block passages.
II. It is the responsibility of each
apartment owner to inform his guests not to park in vacant numbered
spaces unless prior arrangements have been made for such use.
I. Pursuant to Section 290-11, Hawaii
Revised Statutes, violators of parking regulations will have their
cars towed away at their expense to the towing yard identified on
the signs posted on the premises.
J. At no time will any space be used
for the washing of vehicles other than the two (2) car- wash areas
located at the north end of the Building D parking lot. Cleaning/polishing
of vehicles may be done only at the car-wash or at the owner's assigned
parking space. The area used shall be thoroughly cleaned after the
work is completed.
H. Extensive repairs of a motor vehicle,
boat, surf board, or any other equipment shall not be permitted.
VII. NOISE
A. All residents shall avoid excessive
and/or disturbing noise of any kind at any time. The peace and quiet
for other residents must be considered at all times.
B. Doors should not be slammed.
C. No construction work is to start
before 8:00 a.m. and should be finished by 5:00 p.m. This will be
in effect Monday through Saturday. No construction shall be performed
on Sundays or Holidays. Painting, electrical, etc., is not considered
construction as it is not noisy. All work must be done inside the
unit as quietly as possible and not in hallways or on lanai nor on
lanai extensions or grounds All debris is to be taken away by the
construction crew and nothing is to be put in the trash bins. A copy
of these House Rules shall be given to each Owner and construction
workers in units being worked on. The Resident Manager is to ensure
that these rules are followed.
D. Radios, TV's, stereos, HI-FI's,
and tape recorders shall be played at reduced volume during the hours
of 10:00 p.m. to 8:00 a.m.
E. After 10:00 p.m., all persons using
corridors, stairways, sidewalks, and driveways within the complex
shall keep noise to a minimum.
F. Excessive and/or disturbing noise
of any kind at any time should be reported to the Managing Agent who
will take appropriate action.
VIII. BUILDING MODIFICATIONS
A. No structural changes of any type
shall be permitted either within or without an apartment without prior
written approval of the Board of Directors.
B. No awnings, shades, windbreaks,
or other similar devices shall be installed on lanai or the outside
of buildings without prior approval of the Board of Directors.
C. No signs, signals, or lettering
shall be inscribed or exposed on any part of any building, nor shall
anything be projected out of any window or from any lanai.
D. Owners interested in changing bedroom
louvers must write to the Board for approval. Documentation should
include materials to be used and description of proposed change, including
a drawing of what they want to do.
E. Owners requesting to install air
conditions must present their request to the Board in writing. The
air conditioning unit must be installed at lanai level with a drip
pan.
F. Owners are required to service
their own smoke alarms.
G. Approved window tinting shall be
titanium #65.
H. No projections shall extend through
any door or window opening into any corridor or beyond the exterior
face of a building.
I. No radio or TV antenna shall be
erected or maintained outside the physical confined or an apartment.
J. Notwithstanding anything to the
contrary contained herein, handicapped residents shall: (1) be permitted
to make reasonable modifications to their apartments and/or the common
elements, at their own expense (including without limitation the cost
of obtaining any bonds required by the Declaration of By-Laws), if
such modifications are necessary to enable them to use and enjoy their
apartments and/or the common elements, as the case may be; and (2)
be allowed reasonable exemptions from these House Rules, when necessary
to enable there to use and enjoy their apartments and/or common elements,
provided that any handicapped resident desiring to make such modifications
or desiring such an exemption shall so request, in writing. That request
shall set forth, with specificity and in detail, the nature of the
request and the reason that the requesting party needs to make such
modifications or to be granted such an exemption, The Board of Directors
shall not unreasonable withhold or delay its consent to such request,
and any such request shall be deemed to be granted if not denied in,
writing, within forty-five (45) days of the Board's receipt thereof
or of any additional information reasonably required by the Board
in order to consider such a request, whichever shall last occur.
IX. VIOLATIONS
If any person violates any of these
Rules, the Board or the Managing Agent may:
A. Enter the apartment in which, or
as to which, such violation or breach exists and summarily abate and
remove, at the expense of the defaulting apartment owner, any structure,
thing, or condition that may exist therein contrary to the intent
and meaning of the provisions hereof, and the Board of Directors or
the Managing Agent shall not. thereby be deemed guilty in any manner
of trespass; or
B. Enjoin, abate, or remedy, by appropriate
legal proceedings, either at law or in equity, the continuance of
any such breach; and all costs thereof, including attorneys' fees,
shall be borne by the defaulting apartment owner.
C. Impose fines upon apartment owners,
tenants, and employees of an apartment owner, and any other person
using or coming upon the project or any part thereof for any purpose
° whatsoever, for violations of the Declaration, the By-Laws,
or these House Rules. The Managing Agent and / or the Resident Manager
may impose the aforementioned fines in accordance with a schedule
of fines. All persons fined may appeal from the penalty imposed by
the Board of Directors, the Managing Agent, or the Resident Manager
as follows:
(1) Notice of Appeal. By filing with
the Secretary, within thirty (30) days after receiving notice of such
fine, a written notice of his or her appeal and the reasons therefor.
The filing of a notice of appeal shall not halt the accrual of any
ongoing fines imposed for the violation which is the subject of the
appeal. However, the Board of Directors may waive or rescind all or
part of the fine at the time of the hearing of such appeal.
(2) Time for Hearing Appeal. All appeals
shall be heard at a meeting of the Board of Directors within ninety
(90) days after the notice of appeal has been filed with the Secretary.
(3) Procedure, The cause of the fine
shall be reported in writing by the Board of Directors, the Managing
Agent, or the Resident Manager, if any, at such meeting, with a statement
of the facts upon which the fine was based, a copy of which shall
be furnished to the appellant at least ten (10) days before the meeting,
at which time a copy thereof shall also be filed with the Secretary.
The appellant shall then present his or her defenses in writing, to
which the Board or its designee may reply orally. The appellant or
any owner or other person on the appellant's behalf may then respond,
and the Board or its designee may again speak in support of the fine
imposed. No further discussion, except as are allowed by the Board,
in its reasonable discretion, shall be allowed.
(4) Disposition on Appeal. The Board
of Directors shall vote as to whether the fine shall be affirmed.
If a majority of the Directors present vote in the affirmative, the
fine shall stand and shall be remitted by the appellant in full, within
seven (7) days of the date that the appellant is notified of the decision
of the Board of Directors. If less than a majority of the Board present
votes in the affirmative, then the fine shall thereby be rescinded.
X. HOUSE RULE VIOLATION FINES
A. House Rule Violation Fine Procedures:
For the first House Rule Violation, a warning will be issued; the
second offense a $50 fine will be issued, and each subsequent offense
a $100 fine will be issued. Expenses incurred as a result of an owner's
negligence, such as debris clean-up and additional dumpster pick-ups,
will be charged to the offending owner.
B. Guest Registration: A $50 fine
will be issued to Owners who do not comply with Front Office Guest
Registration Procedures.
C. Lock Out Fee: A $10 lock out fee
will be charged for people needing keys to access their units.
D. Parking Tickets: For vehicles not
displaying a parking permit, a $4 fine will be issued for overnight
night parking ticket violation.
THESE HOUSE RULES
SHALL BE STRICTLY ENFORCED. ANY INFRACTIONS SHOULD BE REPORTED TO
THE MANAGING AGENT / RESIDENT MANAGER.
