ASSOCIATION OF APARTMENT OWNERS OF KIHEI AKAHI

HOUSE RULES

I. GENERAL

The purpose of these House Rules is to protect all of the residents of Kihei Akahi from annoyance and nuisance caused by improper use of the common elements in the complex, and also to protect the reputation and desirability of Kihei Akahi itself by providing maximum enjoyment of the complex. These Rules may be amended by the Board of Directors, as provided in the Association's By-Laws. Note that certain sections of these House Rules have been extracted, either in whole or in part, from the By-Laws, and an amendment of those sections will require an amendment of the By-Laws from which they are extracted.

The full authority and responsibility of enforcing these House Rules resides in the Board of Directors. The Board may delegate that authority and responsibility to a Managing Agent. All residents of Kihei Akahi and their guests shall be bound by these House Rules and by standards of reasonable conduct whether or not covered by these House Rules.

II. OCCUPANCY

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.