EXHIBIT DECLARATION OF COVEN~_~TS

EXHIBIT
.I:J.
DECLARATION OF COVEN~_~TS, CONDITIONS P~~D RESTRICTIONS
~~D BY~LAWS OF ASSOCIATION OF APARTMENT OWlfERS OF
HOYOCHI 'NIKKO, A HORIZONTAL PROPERTY REGIME
.;,
h"B.ERE..~S
:
1.
l~~INAHINA
the laws of British
business
within
of business
Columbia,
British
"OW1:;rER
OF FEE",
a partnership
canada,
the state of Hawaii,
and post office
Vancouver,
parcel
GROUP,
of land,
0~ner
including
constructed
place
Way. West
called
tJlebuilding
Regime
regime
pursuant
to the provisions
rights,
and
tD a fee simple horizontal
("HORIZONT,:sLPROPERTY
of
L~e said parcel
and structu!,es to be
thereto,
property
("DECLARZ\.TIOl\i").
to submit
and all easements,
belonging
by the foregoing
described
Of Fee desires
thereon,
appurtenances
to do
principal
hereinafter
under
is the fee si..'TIpl,e
O'dEer of that certain
of Horizont.al Property
2.
whose
canada,
of land more particularly
Declaration
and qualified
is 1620 Taylor
address
Colu~Jia,
organized
HGi-V'.'.
REGH1E")
Rev. stat.,
under
and
chapter
514,
and as the same may from' time -C.Otime be subsequenJcly ~amencJ.ed
and reenacted,
the Bureau
of conveyances
3.
of the state
Owner Of Fee desires
the apartments
horizontal
and by the filing of the Declaration
and the common
property
regime certain
- 1-
of Hawaii.
to impose
elements
with
on each of
of the said
uniform
restrictions,
covenants
owners
and conditions
for the mutual
benefit
and desires
to adopt
of such apartments,
the goverThuent of the Association
4.
"BOYOCBI
certain
.tThehorizontal
commOl
and limited
apartment
several
owners
deed
Association
- simple horizontal
ap?rtments,
NOW THEREFOPg,
-
hereby
•conveyed,
held,
crected.
covenants
rebuilt,
regime
apartment,
acquiring
be,
covenants
and the
used,
rented,
improved,
repaired,
regulated
and
subject to the limitations,
and By-Laws herein
the same may from time to time :be amended.
restrictions,
that each
COIT~on elements
encullibered,leased,
in every respect,
restrictions,
declares
and the same shall be held,
renovated,
the
NIKi~O", the fee
Owner Of Fee hereby
property
and the
constitute
regime hereby
the horizontal
hypothecated,
reconstructed,
governed
shall
a
who shall be the
and all of the corr~on and limited
that constitute
s~me i
and deliver
Owners qf "HOYOCEI
property
and
common elements.
for each sucl1 apartment,
of Apartment
for
k,iOwn as
(18) apartments
of such fee simple estates,
of Ehe several
By-Laws
Owners.
regime,
Owner Of Fee shall execute
uniform
apartment
property
NIKKO", .consists of eig"hteen
5.
owners
of Apartment
of all of the
and By-Laws
and shall be binding
shall
apd as
Such Ii.riii
tations,
run with each such
upon all p::orsonshaving
any right, title or interest
and shall inure to the benefit
contained,
therein
or
or thereto,
of and be bindi.ng upon each
- 2
covenants
owners
and conditions
for the mutual
benefit
and desires
to adopt
of such apartments,
the goverThuent of the Association
4.
"HOYOCHI
certain
J.Thehorizontal
commOl. and limited
apartment
several
owners
deed
Association
for each
- simple horizontal
hereby
property
the
shall
held,
property
covenants
covenants
be
the
the
created.
declares
that each
corrmon elements
reglme
encurr~ered,-leased,
be,
and the
used,
rented,
rebuilt, improved,
repaired,
regulated
and
subject to the limitations,
and By-Laws herein
the same may from time to time be amended.
restrictions,
a
NIKr~O", the fee
and the same shall be held,
in every respect,
restrictions,
aequiring
who shall
Owner Of Fee hereby
renovated,
and
and the
constitute
regim~ hereby
horizontal
hypothecated,
reconstructed,
apartment,
k,iown as
apartment,
and all of the corr~on and limited
that constitute
governed
Owners.
and deliver
Owners C;f "HOYOCHI
NOW THEPEFOFE,
•conveyed,
SUC11
ap~rtments,
of Apartment
for
common elements.
of such fee simple estates,
of Ehe several
s~me l
reglme.
Owner Of Fee shall execute
uniform
apartment
property
By-Laws
NIKKO", .consists of eigr,teen (18) apartments
5.
owners
of Apartment
of all of the
and By-Laws
and shall be binding
shall
apd as
SucD Iiffii
t~tions.
run with each such
upon all p:::rsonshaving
any right, title or interest
and shall inure to the benefit
contained,
therein
of and be binding
- 2
or
or thereto,
upon each
successor
acting
In interest
of
tlle
said horizonta
1 property
and establish
these By-L~ws
statutorv
regime has been
conflict betwEen
pursuant
'~,',.i,.
This horizontal
'L"'c
Eaid statutE.
Regime
If
the said statute
And By-Laws
Rev.
S11211 have
§
the
of any
the said
be amended
or
shall be designate.c1 Ly the Ovmer or
notice
delivered
to the Board
or judicially
of designation
of the estate
of Apartment
ovmers
of each apartment
of Directors.
by any owner,
incompetence
and revocation
maybe
; Such
notice
or by the
of any owner.
exercised
of an Ow'TIer,if, and in such
- 3
Such
by any
of an owner, or by any legal
of the estate
OWl"ler"
need not be an ow-ner,
at any time by written
of Directors
declared
Conclitions
be o.ne nVoting
~10
to the Board
shall be revocable
representative
of Horizontal
Proper'Ey Regime.
There- shall
Th~ voting owner,
and
vlithout a:,y
of Association
Hi~;J=c.,
A Horizontal
of each apartment.
guardian
to Ha~.
C~'ltand the said statute
2.
powers
property
or thi,,-,:eclaration of Covenants,
Qw'TIersof Hoyochi
death
Stat.,
.In the event
Dec1 aration
to or of t}-,C'
ft.,j-egoing
designation
Rev.
adopt
or .reenactment. shall govern
any such' a2';~: ,'::,It
And Restrictions
delivered
to Haw.
this horizonL,;i-.J:.·Yoperty
regime,
by written
approve,
un~er and pursuant
this L,
shall control.
amenoment
Property
does lwreby
aneJ Ll;0' l.C:'rms
used herein
same mo;aning given by
regulate
re05,.:'_,
established
514,
:tat., Chapter
reenacted,
Of Fee,
fo
1.
statute
And Owner
As sociJt'j r'n of p,partment O,,,ilers
of the
as the present
C·.•
,....
SILl_.
'1ap'Cer
(j;'!J1cr
Of Fee.
p-"",
--,
e-:-
I~
tJI;Lh;~i~~~:)
case,
the interest
to administration
designation,
,
.
deemed
in his estate.
In the absence
the owner or OWDers
of an apartment
to be the' voting o~~ers
be owned by more
than one o~~er
shall hold such apartment
entireties),
meeting
anyone
jointly,
of Apartment
than one of such owners present
there be 8ny dispute
.,
designate
~oting
shall
of their relative
apartm·erlt) ..
or by the
at any
shall be deemed
and if there be
at any meeting,
and if
of them shall be
owner of ,such apartment,
of them then present
(irrespective
such
-
to be the voting
-majority
and, if any
in person
Owners
amopg them as to which
,
deemed
shall be
co~~only
to be the voting o~~er of such apartment,
more
of any such
(and ~1ether
of such owners present
of the Associ2tion
is subject
of such apartment,
.j
apartment
o~ner
ovmer in such apartment
of such
a voting
interests,
l"n Olriners11all have
some person
select
inter
the right
or persons
then the
owner
se, to such
to irrevocably
(natural or corporate)
as the
o'.vnerof an apart::12nt.
3.
each meeting
Votes.
EacJl
of the Association
the common
interest
he votes.
The votes for
hundred.
of Apartment
equal to
for which
total one
of apartIT,cntowners"
relating
a vote at
Owners
or referring
of the apartment. cwners
or any other
to any stated
or voting
to the vote appu:;tenant tu each apartment,
total of all such votes,
percent2ge
shall have
.11 of the apartments
used herein
or percentage
shall refer
Gvmer
appul-Lenant to the apartment
The term "majority
term or phrase
fraction
voting
or fraction
or, as the cuse may be,
of tJw tota
1 0 ± 211
4 -
OvlDers
the
the stated
such votes.
[1
r-
;:-.,
••••.
~l'""~
l/").,;.::..::rL .•...<I'..:.·
4.
delivered
Any notice permitted
or required
as herein provided <may be delivered
or by mail.
deemed
Notices.
If delivery
is by mail,
to hate been delivered
/:.
. .;...;.
to be
either personally
such notice
shall be
(72) hours after the
seventy-two
A
deposit
of such notice
postcge
prepaid, 'cdd,ressed to the person
notice
at his last known
the Association
request
or other
Owners,
security
to any notice
which
any goverlli~ent mail
address
of Apartment
for notice
Apartment
-owner
with
interest
required
the Secretary
filing
under any recorded
and the delivery
to the hotice
to the owner or voting owner,
of
mortgage
a right
or voting
of such notice,
required
shall
to be
not be complete
shiJll have
been
delivered
Such reqL'-cstfor notice
need
not be renelded,._and sh211 remain
until
notice
of
a written
shall have
to be given to an o~~er
shall be in addition
to such
of the Association
to any apartment
of such an apartment,
delivered
After
with the Secretary
the mortgagee
entitled
on file with
Owners.
service,
to SL'-chmortg2gee.
In effect until the same be vlitlldra\vn
or the secL'-rityinterest
in such apartment
5.
There
1'1eetinqsOf Association
_.8f the Association
of
~~
three months, follo\"ing the ener'of the
Owners wi thi
year established
Owners
ssociation
such reasonable
and place
Directors
voting
Of p"partment Ovmers.
shall be an annual meetin
Apartment
fiscal
r~--
released.
O\Vner not less
thirty
Special
of Apartment
as the Board
notice
han
be
of Apartment
delivered
(30) days prior
meetings
called,
5 -
of
to each
to the date
of the l\ssociation
,
from time to time, by the
v.oting owners
owners
"
representing
or by a majority
to a written
notice
such specia£
meeting,
~ 1ess
a reasonable
the Manager
and
place
Notices
or Managing
of Directors
calling
owners
of Apartment
provided.
enacted~
2;
of Apartment
Unless
Apartment
by
Owner
wri tten notice
adopted
0\ ~ers
of the apartment
expressly
of the Association
otherwire
herein
any resolution
rules and regulations
of the operation
or removed,
of H2waii
Owners.
2;ny prior
a majority
any administrative
elected
shall
shalY be deli~ered
quon.:cmat any meeting
Oltmers.
or the apartments
meeting
State
any action may be taken or ratified.
the details
fixed for
of the Ass,c;ciation of Jl.partment Oltmers.)
representing
shall constitute
the
owner
(Owner Of Fee shall call the
be' requ·ired to give
of such first meeting
Voting
such special
calling
or the Secretary, as the Board
first rnee~ing of the Association
not
by the persons
to the date
of meeting
shall determine.
Of Fee shall
pursuant
to each voting
within
Agent,
of the apartment
of Directors,
(15 ) days prior
time
for such meeting.
(1/5)
and signed
a~d delivered
The persons
such meeting.
fix
of the Board
prepared
'Cuan
'h
i fifteen
nOi:
one-fif;-11
governing
and use of the co~mon elements
or
merided, and any director
at any meeting
of the Jl.ssociation of
Oltmers, upon the affirmative
vote of a majority
of
"
the voting
owners
present
of special meeting
at such meeting;
shall state the business
at such special meeting
stated in such notice
the absence
Apartment
at any meeting
a majority
for further
to be conducted
or acted
In
of the Association
of
o,·mers present
without
providing
meeting
from time to time in order to secure
quorum.
-
G
-
notice
upon.
of t]-,evoting
notice
Every
only the business
shall be considered
of a quorum
Owners,
at any such meeting.
of meeting,
adjourn
the presence
may,
such
of a
.'Ii ~.:;
l;2L1-~0/~'
6.
Board Of Directors
And Officers.
At each annual
meeting
of the Association
of Apartment
Ow~ers
owners
shall elect ~ Board
of Directors
for the forthcoming
year.
The 'Bdard of Directors
shall consist
the voting
of five
(5) persons,
.j;
none
of whom need be owners
The Board
of Directors
or until
Board
thereof.
by a majority
Meetings
electeu
for the unexpired
of the vot~ng
elect a President
ove~ the meetings
each year
owners.
apartments,
required
duties
Board
by
The Board
of the Board
of Directors
adopt and from
a Board of
until
amended or
of Directors
shall
of Directors
the voting
for such office
owners of
duties
and the
from tir"e to time by the
by
resolution
The merr~ers of the BGard
shall not be compensated
and of
vino need not be ~~mbers
the rQ~pcctive
or 2S may be directed
o~mers.
shall
also elect
of such office by law and these By~Laws,
prescribed
on of the
\tihoshall
or owners or voting
who shall each perform
in accordance
of Directors
of Direc~ors
and a Treasurer,
held and
the expirad
from its mu:bers
The Beard
a Secretary
of the Eoard
sh21l
of Directors,
by their succsssors.
the voting
act,
c:;nysuch rules ac10pted by
term of office- of such Board
of his term
at any meeting.
shall
in effect alter
members
may be removed
shall be called,
of Directors
(1) year
in the
portion
ow~ers present
and the Bo~rd of Dire~tors
Directo.rs shall continue
preside
vacancy
of the Board of Directors
time to time amend;
each year
Any
of one
filled by the remaining
such rules as the Board
revoked
of any apartment.
serve for a term
of the B02rd of Directors
$conducted,
owners
be elected.
shall be
?ny member
and a successor
with
shall
their successors
of Directors
o~ voting
for their seTvicC'.
- 7 -
enacted
of Directors
7.
Association
Board
Powers
of }~partment Ovmers
of Directors,
-..
,
and Manager
p~wers
through
Gr Managing
the apartment
of the affairs
the President,
Agent,
n~cessary
or convenient
of the Association
law .• the foregoing
Regime
to exercise
or
of Apartmert
(a)
c:
reserved
,tracts,
Owners,
\'lithoutlimitation,
To operate,
and may
acts and things as
Property
to the voting
the power
for and on behalf
as may be ner~ssary
Such 1)(""'. r-s of the Board
such power.
shall include,
Owners
and S}-JallhaVe
O::"E;;.TS,
upon such contract
of the Association
such
of Directors
the follo\'ling:
care for and maintain
the common
elements.
(b)
rI'o
determine
for the administration
the cO"""nonexpenses
requir-ed
of the affCJirs of the
7'nd for the
operation,
care, upkeep,
security
and maintenance.of
the common elements.
(c)
apartment
(d)
To collect
the COffi."'1101'
expE::nses from the
owners.
To employ,
supervise
ana dismiss
personnel
necessary
operation
of the COffi.rnon
elements
administration
of Apartment
for the maintenance,
of the affairs
Owners.
- 8 -
of
for the administration
of Apartment
are expressly
o\vners or. to the apartme!1t
Treasurer
shall have such
Declar;:,Lion of Horizontal
or these By-Laws
to enter
Secretary,
if any, for and on behalf
do all such acts and t11ings" except
by
of the
s}-Jallbe admini!::tered by the
The Board of Directors
ow!,!ers.
reasonably
The affairs
Bow.r.dOf Directf)rs.
C-=
the
care and
and for the
of the Association
(e) To establish
reserves
and sinking
and maintain
funds for the future
maintcl"ance and replacement
and forjgeneral
(f)
metered
be necessary
(g)
other
or charged)
of Apartment
ment
service
as may
at foreclosure
or
salF in the name of the Association
Owners_
To obtain
and pay the premiums
in the amount
regime,
required_in
affairs
(if not
as may be necessary
apartments
subject
care,
as may be
of ~he administration
of the Association
replace-
to the horizontal
ane1 such other insur2nce
the course
the operation,
for casualty
of the full insurable
value of the property
property
expenses.
for tl1e common elements.
juoicial
insurance
service
and such utility
To purchase
(h)
and operating
such utility
for the apartments,
repair,
of the COffi.'11on
elements,
administrative
To obtain
separately
reasonable
of the
of Apartrr~nt O~ners
upkeep , security
and in
and F,2intenance
of the COli~on elements.
(i)
To borroVlilloney on behalf
of Apartment
amount
provided,
of such loans
a majority
amount
Ovmers;
of the voting
Association
To deposit
tJ,e
7\ssociation
that the to:;,_~outstanoing
shall not, Vlithout the upproval
of TEN THOUSAND
(j)
of
owners, at any tiJ"e exceed
DOLLARS
($10,
and wi thdra,-!funds
of
U,e
Olrmers vIi tll and irC::],D;:,nks
of Apartment
To establish
Association"of
Apartment
the
000. 00) .
•
J- ••
.L..
and like lnSLJ..t:ULlons.
(k)
of
a fiscal year
Owners.
- 9 -
for the
(1)
To enforce
of Covenants,
th~ prov~slons of this Declaration
Conditions
of Association
And Restrictions
of _Zl,.purtmentOwners
Decl;::rat.lion of Horizontal
Administrative
The voting
.
Rules and ReguJations
prospectively
Board of Directors;
resolu.tion
duly enacted
or common elements.
restrict
provided
that the enactment
of any contract
not,
or any interest
1a,"1,
of such a
in any event,
or obligation
upon by the Board of Diiectors,
of the Boare of Directors.
by
any of the powers of the
by the vO'i-i~'J'ovmers shall
impair the validity
Directors
Regime, and any
m·mers ma:,', except as othen"1ise provided
by resolution
entered
the foregoing
I
Property
for the use or the apartments
And By-Laws
previously
or under the authority
or of any transfer
in prcj:;:--.c:.}7,previously
of property,
made by the Board of
or under the al<1
...hority
of the Board of Directors.
The Board O:LDi rectors
shall
not,
the pOvler to conduct ;::h;;:C'in,~ss for_ profit
apartment owners or any 01. t.J'cm; nor sball
in any event,
on behalf of "the
the Board of
Directors have the power ~o conv~y, transfer,
encurrber any of the con"',luJlel, ·!::'.::nts...
8.
Nanager.
have
The Ioard of Directors
rnor"tgage or
shall
have the
pOvler to engage a Manager or J'l,"naging Agent (vlho may be a
shall have the
corporate person) ... The Doc:rc. of Directors
power to delegate
to such restriction
to such
or Managing Agent, subject
or restrictions
from time to time impose
the Board of Directors,
Directors:
'nc,']er
Oi"
UlO
as the voting
exercise
the following
ovmers may
of such pmvers by
powers of the Board of
(a)
To operate,
maintain
and care for the COTIUTIon
elements.
Cb), To collect
~ apartmen~
(c)
supervise
and dismiss
for the maintenance,
the cowmon elements
To obtain
separately
care
and operation
of Apartment
such utility
metered
or charged)
The Manager
of the
(if not
as may be necessary
service
as may
for the common elements.
or Managing
enter upon or execute
on beha'f
of
Owners.
service
for the aparDllents, ~and such utility
be necessary
personnel
and for the administration
of the Association
(d)
from the
owners.
TO, employ,
necessary
affairs
the COlT,monexpenses
Agent
shall not have
any contract
of the Board
the power
or to assume
of Directors,
to
any liability·
or of the Association
of Apartment
DOLLlms
Board
O·vmers, in an amount
pursuant
of Directors.
or Managing
prospectively
notice
.of FIVE THOUSJil\lJ)
j
($5,000.00),
Manager
in excess
to any power
-
Any power or powers
Agent by the Board
revoked by ule Board
to the IJ[anageror Managing
delegated
by the
delegated. to the
of Directors
of Directors
may be
without
p,gent or. to any thirSt
person.
9.
shall mean
Collection
all costs, expenses,
the Association
Directors
Of Common
expect
of Apartment
E~Denses.
fees and charges
Owners,
the Association
"Co1TL<"'Tlon
e~:penses"
or which
incurred by
the Board
or
or l:.partment O\'v"TIers
will
11
lncur,
for the administration
Association
of Apartment
and maintenance
of the affairs
Owners
and for the operation,
of the common elements,
loss or oamage by
.
hazards
to the pruperty
subject
regime,
aDO for ~ny utility
metered
or charged)
fire c.DO such ot~'1er
to the horizontal
service
care
and for any premiums
,
for insura.nc;eagainst
,
of the
property
(if not separately
as may be necessary
for the apartments,
and for the COTThllOn
element s, and for the ma.intenance' of any
reasona})le reserve
maintenance
or replacement
administrative
514,
called
as amended
fund for the future
of the common
and operation
fees and charges
Chapter
or sinking
repair,
elements,
for general
expenses,- and all costs, expenses,
~Iccmmon expenses"
or reenacted,
by Hav". Rev. stat.,
or by the foregoing
Declaration.
Not less than
sixty
(60) days before
of each fiscal year established
Apartment
Own~rs,
adopt a budget
the Board
for the next
the amount of the total
year
(~1ich shall
common expenses
shall be assessed
shall prepare
and shall
(together
upon, each apartment
fiscal year
amount of such
as approved
against,
with
charged
co*~on
by the Boaro
any interest)
expenses
installments,
in the
expense~
constitute
for each
which
for
of Directors,
to, and as provided
••
.l..
lnt:ereSLto the COTThllOn
appurtenant
paid in quarterly
determine
or for any prior
on the first day of such
The share of such common
and
expe..•.
'1:es for the next fiscal
for the current
the next fiscal year,
proportion
fiscal year
of
irrclude the amount of any deficit
The total
law shall
for the Association
of Directors
common
the beginning
by
a lien
fiscal
year in
to each apartment.
apartment
shall be
shall be due and payable
on the first day of the first month
fiscal year
established
O'",'Ders. (If tl,e Board
year
established,for
~o~rd
of Direttors
of each ~Jarter
for the Association
of Directors
shall have
the power
to make
change in its current
estimate
expenses. )
The Board of Directors
shall,
(15) days before
established
each apartment
determined
th~ beginning
for the Association
the
an
not less than
of each fiscal year
Owners,
of the total
for the next fiscal year,
Owners,
of the common
of Apartment
owner of the amount
the fiscal
of Apartment
appropriate
fifteen
of Apartment
sl,ould change
the, Association
of each
notify
cOmuon expenses
and the proportion
thereof
for which his apartment .l,-lill
be liable.
In the event of any
default
for common
in the payn:(:"tof any assessment
the unpaid
amount of such assessment
the rate of twelve pST cent
fifteen
shall bear
(12%)~er
year
expenses,
interest
at
from and after
(15) days fol10'::ingthe Q2te on itihicnthe S2me came
due.
10.
have
The voting
the pm'ler, by thc= ffirmative
<J
(67%) of them, to le,'}'" special
apartments,
to the common
interest
apart,",ent, and it,'hich
(to~!ct_horwith
a lien upon
reconstruction,
the
to each
intere st) sha 11 constitute
by law, to fund
or alteration
of the common
thereof,
or the
to the corrmon elements,
13
per cent
the apartments
appurtenant
or of some sUDstcmtii11 portion
of some addition
against
among
each such ap"rt,llent as provided
the renovation,
construction
of sixty-seven
assessment
which shall be apportioned
'in proportion
elements,
vote
oitmers shall
or to
.
.
,
'Owners_
.
-
0;"':~=~j'~,:i:~~~;i£b~~"at·.:suc:htime
or ximes. as:'Sllcllvoting
,;";';,,~:;c';'-j?r6:-.Tlde.
_ :In ±heoevent
oI,zDyue£arilt".in
",:;~:';porti
-onofsllchspeci
, .....--
_:
..
' ":':~:~'
~:::
...
a12 ssessment"
".
L.special assessment
per ,,~ent (12%)
~hall'bear
by
such voting
special
-0£
shall,
onwhichtbe
within
owners
notify
ow~er
for which his
Of Apartment
shall be -personally
rr~re than one owner of any apartment,
and
severally
liable)
or assessment
apartment,
irrespective
assessments,
or portions
of each apartment
(and if there be
they
shall be jointly
the right to enforce
for the unpaid
of any special
against his
on which such
The Boara of
such personal
owner by an action
amount
will be due.
liable
thereof, be due.
liability
will be
Eacn apartrnent
OwLLers_
of the date or dates
shall have
such
of the amount
apartment
for co~~on expenses
Directors
judgment
owner
the same
for the full amount
assessment
authorizing
each apartment
ana the date or dates at which
or owners
~
The Boara Df
(15) days ,after the enactment
of the resolution
Liability
..-.
same came due.
fi£teen
the special assessment
11.
.
(lS)rlays
.from and ,:aIter ""J.,r:ceen
year
assessment.
liable
at the rate of twelve
.;:::.
per
"Tollowing the aate
Directors
interest
Tor a money
of such assessment;
provided,
that no such action shall be filed until fifteen (15) days
f
after the date on which the ,unpaid
amount came d,ue. Any such
."
action
sh~ll be brought
Apartment
Owners.
in the name of the Association
Any judgment
rendered
of
in any such action
:'.": .::::~
shall include
a
forreasonable.,~ttD:rnev·.s ':fees;in
SlJ...1Il
~~)~
amount
..
:~~~"~':.:-
'k!: .•• :<:-.
.~·7·;<:t~~.:'.:~:·7~~:~~tf~::::·.:;.'~:~'.'~~"':~.i.
,~~.
as the court may- adjuagea'galnstsuch
::'-.-
~~.·::"'·i"-.~·:~.'_·,·".:~.~':'':'..
Upon full satisfactionqf
.a.ny:Sllcnjudgment,
tbe Board of
--~,-":.,:-~.".,.,._,,:--
-.
Directors, :tihrough--the·~p:tesla.ent;);ecretary
or Treasurer;
.
;;;',-~
.. ::",~'.;:~- ..
.
.
'sb;ll execut~
....,..:'
~""
,"""','
and deiiv~~-;±~-i:i~j'Udgmentdebtoran
._.,...• .:...'.;."'.
.
...:,:'~.;.),;.''l
doc1lL-nent
to evidence-suc1i' satis£act1.on.
12.
Secretary
Transfer
Of OwliersbipOf
shall maintain
The
Apartment.
a. list of .apartment owners
and a list
Tbe
until
not
sball
has
be
of an
been
of
furnisbed
apar:t....-nen
t
tbe
cbange
owners.
register
ownership
any
secretary
voting
with a certified
Conveyances
transfer
of the state
.. The
designation
notice
irrevocably
designated
snaIl not
thereof,
Board
Owners,
or Managing
name
appears
~n the
furnished
with
m-J'nernas
Agent,
The A~sociation
or release.
and voting
Secretary,
shall have
Treasurer
a right
a right to regard
snaIl at any time rent or lease his apartment
be
or special
assessment
in default
owner, the
and
to rely upon
or voting owner,
specified.
Collecti.on Of Rent From Tenants.
thereafter
of
any person'
on such list as the owner
as the case may be, of tne apartment
13.
change
the name of such irrevocably
President,
such lists and shall have
whose
any
and, if a voting
each apar:t....-nent
owner
of Directors,
Manager
register
such
Oi,mer s:'1a11not be removed' from such list
wi thout his INritten' consent
Apartment
of
to evidence
owner until he has been
designated,
voting
(witb the Bureau
of Hawaii) document
Secretary
of a voting
an 2ppropriate
been
copy of.a recorded
If an owner
and shall
in the payllientof any corc~on expense
for which his apartment
- 15 -
is liable, the
option;
and
and receive
,.;
""default ..
:.shall
from such tenant
;...'.,::_-
the owner up to ,an amount sufficient
to pay
co:rnInone:;,:penseor~<'speciaJ.
~ssessment,
~
_ - t'
..'
-,<mysucll payment 'of rent to the Board
~. ,.h ••
_"._ ••_
of such tenant,
as
such tenant
and the' owner to the. extent
of the amount
such demond
for, or acceptance
rent
shall
not be deemed
obliaations
Directors
Board
of Directors
shall be obliged
Directors,
right
but
to the Board
expenses
such rent from a
oWuer shall be subord~nate
mortgage
and subject
of such
FailUre
To Determine
Co~~on
Expenses.
for any ensuing
of Directors
fiscal year,
to notify
or the failure
of
the
any or all of the apartment
of the amount
of such cOwuon expenses,
deemed
to be a waiver or release of any apartment
of any obligation
Any
the cOmmon
owners
owner
of
The foregoing
by the Board of Directors to determine
failure
such tenant
to such rent.
14.
Board
the right of
to collect
to the right of an owner of a recorded
of
to qGestion
as aforesaid.
of Directors
of any of the
as aforesaid,
such payments
with the effect
of an apartment
apartment
from any tenant
any tenant
to make such demand,
to make
of the Board
tenant
_
shall not ha~e the right
so pald;
If the Board
owed bv the owuer.
shall make such demand upon
such tenant
_the
of, such
to be a release or discharge
or dtties
oJ
unpaid
including
tenantshall'b,e:sufficientaischarge
.,
all of such
or liability
In such event, the last determination
16 -
for such
shall not be
or of any
cornman expenses.
of the Board
of
:.. ,'
....
:.-::g~~1~~::~
..
:'>.
.;, ..
~\~:~fEj:::·:4;?j·.
:'-.'
Dire ctor.sa sto .the,tot~~~T~~~~~"tj~;~UCh,!;;:::()p..-rnon'
continue; £rOITt 'year: to yea.rI' and uD;tJ..l
_
Directors
.
make
',:'-:1I.'.
'.'
.'.
. , ."
such determination,
.
••
and each ~drtment
-
-.'---.
~artment
Ow~er
....
shall contiPouetone
liable
for the share
.j,
such COrnITlOn
expenses
1-
_::J.
Directors
to -each apartment_
The failure of "the Board
Waivers.
in anyone
of or compliance
restrittions
owner,
charged
to require,
performance
or povenants
or to exercise
or more
of
instances,
with any of· the limitations,
herein
contained
any right or option
by
any apartment
herein
contained,
or to serve or receive
any notice, or to institute
shall not be construed
as a waiver or relinquis~~ent
limitation,
.
~.' ."
serve
restriction,
or receive
notice,
covenant,
right,
option
but the same shall
any action,
of such
or right to
continue
and
\
remain
in full force and effect.
the Board
of Dirsctors,
,;
From any apartment
16.
Nor shall
or any of its agents,
owner be construed
Administrative
as such
The voting ow~ers,
majority
at any meeting
of them present
shall have
of administrative
stated
rules
by
a waiver.
and regulations
For The
the vote of a
ror which
that the adoption
by
of any payment
Rules And Regulations
Use Or COTruLlon
Elements.
of meeting
the receipt
the notice
or amen&uent
will be considered,
shall have the power
to adopt, and rrom time to time amend,
administrative
and regulations
meetings
rules
of the voting
owners,
the details
and use of the cornmon elements,
with respect
governing
- 17 -
of
or the operation
and such rules
to the use of the apartments
the conduct
and regulations
as may be deemed
necessary
shall
for the
have the power to
not to exceed
.willful
TI'iTO EUl\TDRED
FIFTY
viblation
of 'anypf
DOLLARS($250.00)
for any
~·such'3::ules.and regulations
-, : .. - ..,;~":.~_-:~·~:'~~-:"4Y5!}:·i:~·.. ·
by any
"'
occ';;p2nt of hi·· apart..11lent_ ;,-~ny.'~'£i.ne;so:imposed .~ha·ll bea
..:~i\:.;;.·-~:::.:.
lien
against
theapartmeI,lt
to the same extent,
of.s'uc:h- o\..;nerwi thlike
~as any assessment
effect,
and
for corru-nonexpenses.
The Board of Directors shall impose such fines in itsso~~d
and sale discretion.
TIle Bocu:l of Directors
shall have the
right
to refuse
to impose any such fine,
violation
be established,
cause.
If the violation
_be abated by the entry
which, such violation
.,
the power to enter
the
Board
of
the manager
,,
., ... --
into
prospective
Directors
shall
the Board of Directors
can
delegate
delegation
to
as any assessment
of its
agents
the.seCond
sucn willful
of
Board of Directors
such
be a lien
and to the same
violation
by any occupant of an apartment
shall
apartment
as obiigees
and
of such
for corr~on expenses.
the Board of Directors
owner
any
amount of such expense shall
extent,
the
have
to make such entry by
of power. If the Board of
such apar.tment with like effect,
that
shall
pOvJer
against
year,
can
In which, or as to
incur any expense i~ the abatement
the full
or regrlation
and for good
or regulation
the apartment
managing agent the
After
such a
such aparGuent and abate such violation;
a general
violation,
discretion,
~f any such rule
e~ists,
Directors
Ol?
in its
eventho1'gh
have the
give
a bond,
on behalf
,
of a rule
in any calendar
pOvler
to require
naming
the
of the Association
of
to
Apartment
Ow-ners, ·with a
surety 1:msiness in tbe
fora
term not
tO~i?eed
~Eee;.-(3):years,
ina
principal
.~"."
"
amount, .to"-1Ye'detenni~~d;by:-th~:~Boa'rdofDirectors~
.
a judgment
: .-..,
",- ".,"
. :::-;~~:.L;::;::;?~~··':'::::;~:.-~·-···
..
£drdamag~-~,cost"i-;'i;ii~i~~penses
i~;f~;;~;~~~~:
.
.~
Apartment
Owners-and
expect
reasonably
an action
to
'~~,.~
:·~~.r
~ny.agg~ieved
obtain
for damages
under Haw.
Rev.
upon the ~ntry
Agent by such
514-7,
apartment
such bond,
the apartment~of
such-
then
O'i,.vTler
as any asse?sment
upon the entry
fifteen
vli t11 like
effect,
expenses,
Section
under
ana to the same
In the principal
514-24, at any time
Haw. Rev. stat.,
proceeds
received
judgment
should
owner to give such bond.
In the event of the foreclosure
a money
owner
after
such lien shall not be conditioned
of a judgment
in satisfaction
or applied
(15) days
and such lien may be foreclosed,
514-7. )
distributed
required,
t11ere shall be a lien against
of such apartment
to foreclose
of the bond
If such apartment
by Haw. Rev. stat.,
after the failure
conditioned
to the l1anager or I''lanaging
for cow~on
amolli"J.t
of the required bond,
in
The Board of Directrrs
ovmer within
fail to give
owner
for any past violations
owner notice
shall be delivered
migbt
or both,brought
or regulation,
of such a judgment:
of such notice.
(The right
sucb epartment
such rule
the delivery
as provided
against
Stat., Section
shall give such apartment
_ and such bond
:aparG~ent o~er
or injw.'l.ctiverelief,
and the next vio~ationof
extent,
equal
..
of such lien,
the
of such lien shall be
in the same manner
obtained
Section
under Haw.
19 -
as the proceeds
Rev. stat., Section
of
5l4-7
"::~;'"';:f:~:F',::"';':~i~·".·..;'
. "" ~ : ";.1:':':'::';".
-..
. ,"".'
.:..~ ,:, f.':"'"
;"-.,:,:,,,,
..
.:'~"";_
..~'.:"~~,:.:~:',>:r
.;.
would have neen distributed
,
"or;;::pP'liea§b.2Q
, . , '.•~':,.••-""..",:~,:..:'-
_-:, .••'::~:'-";;-~:>~
•.•'"',...",~>
··'~::-~F.:::,::'··~-;':~'::'~:::';1~;:"'~',:0~:"/:·~·:
'.
been
entered
£orany
17.
violati6ns:of.js1.1cn-rule or regulation.
Addi.tion To And
t·
.;
',"
'
...
o£ Apartment.
'c
to, or alteration
shall
ll..'l1dertake
anY~t:Idition
A
._
__.. ' "_'~ __"~_"_"_
_.
No .....
bwner
;,':;. :'.'
his apartment
tn.e Board
witnout
.
' .,.'.
-'-"'~ ,,'.,~.
.
-the'written consent:o£
or ,failingto
of a majority
obtain
of tnevoting
with the Board
Such consent
redecoration,
repainQ~g
repainting
shall not be required
or any aesthetic
change
The cost of any suc11'addition
of, an apartment
Association
Owners.
Liability
Insurance.
shall obtain
end pay the premium
liability
insurance
in any
to, alteration
7ne Board
for a policy
in which
alteration
for the
shall not be charged
of Apartment
18.
shall first file
0/ Directors a copy of the proposed
or addition.
apartment.
such consent,
owners pre sept at any
An owner who seeks such consent
meeting:.
of,
~
:first obtaining
or Directors
the consent
general
l'1 ter2tion
or
to the
of Directors
or policies
the limits
of
o. liability
shall be not less than FIVE HDrIDRED THOUSAiJD DOLLARS
($500,000.00)
per person
per occurrence,
and ONE NILLION
and in which the property
DOLLfl"RS ($1,000,000.00)
damage
shall be not less than FIFTY THOUSA1{D DOLLARS
per occurrence.
Such policy
or policies
incurred
in respect
of the corrmon elements
property
regimear"d
any sidewalks
to the property
Such policy
subject
or policies
shall
liability
($50,000~OO)
cover liability
of the horizontal
and s ide\-v-alk
areas adjacent
to the hc:n::
izontal
property
shall insure
apartment
eacn
regime.
ovmer,
any occup2nt
of every ,;2partme.,.~t,:
-eaclLmerriber
..:..~-::-)..
Directors,
~-·';:;'7~~~-~:~:;·.:
.~7~,:::'-~·':'::·~":';·~·:'::;;:''':;~·
.:.-
o£
their agents-and"tne:agents
Ap2rtment
Owners,
the Board
of -"'Dire,ctors,
and "'±he:agents
of such Manager
: .
-.'.
;
-
Man~ging
the Manager
or Managing
Agent
or
..
Agent:.
by
employed
The prec'iiiunis
.:forsuch insurance
shall be
conunon expense.
19.
shall
obtain
casualty
The Board
Insurance.
of Directors
and pay the preill~llIDs
for a policy
insuraT'ice against
the _loss or damage
or policies
of -the property
of
subject
if
to the horizontal
property
-demolition cla-qse wherE:;app
including
war risk
insurance
extensions
shall be issued
as trustees
r~spective mortgagees,
appear,
appurtenant
;
premiums
voting
insurance
payable
under
revocation,
shall be a cow~on
the power to designate
within
to receive
such insurance.
shall be effective
by the issuing
of
and their
interest
The
The
expense.
of them present,
any bank
or trust
company
the state of Hawaii,
and the
any such designation
trustee
owners#
by each of them.
by the vote of a majority
to revoke
of such property.
to the corr~on interests
to the apartmentsoitmed
to do business
advisable,
if any, as their respective
in proportion
o~~erSt
licensed
c:md government
in the name of the Board
tne ap2ytment
for such insurance
shall have
power
for
casualty,
and itlithsuch other
of the full re;Jlacement value
Such insurance
Directors:
when available"
. cable,
as the Board of Direc'tors shall deem
in the amount
shall
regime by fire or other
previously
any proceeds
made,
of insurance
Any such designation,
upon the acceptance
insurer.
-21 -:
as the
or
thereof
,---'.-
apartmeritBamageQ or destroyed in proportion
to the relat.i ve' "
los ssuf£ere;-,3Jy ,thecoIllilion elements and each apartment.
.,
'!
..#
insurance:±rustee
r
:
~'-".---
shall permit the Board
.'~
-.•
that -portion-of
,:
such insurance proceeds
$u£fereo"by the com..rnon
elements for the repair and
.I
reconstruction of the CO~lionelements. The insurance
trustee
shall permit the Board of Directors
portion of such~nsurance
~'
~Droceeds
to use that
paid Ior the loss suffered ~
by any apartment for the repair and reconstruction
of such
apartment .
.till such policy or policies
contain
waivers of subrogation
of insurance
and w2ivers
shall
of 2ny defense
based on co-insura~ce or of invalidity arising from any acts
-Df any insured, and shall provide that such policy or policies
shall not be cancelled or substantially
~~an ten
/
(10)
modified on not less
days prior written notice to the Board of
Directors and every holder of a mo~tgage of record of an
apart.llent. Each 2partment" owner shall , upon the request of
the Board of Directors, ex;:"cute such docu..e'Ttent
or documents
reasonably required by any
S"l'ch
insurer
to effect
such waiver
of subrogation or any defeDsc based on co-insurance or of
Owners of
invalidity arising from any ,:Jct of any insured.
apartments shall not be proJ~iJ)ited from obtaining,
individual
their
expense,
individual
individual
such casuelty insurance
at their
in respect of
apartments as they may each obtain for their
benefit;
providc:1, that each such individual
policy
"<shall contain
a waiver
of slilirogat:ion;
prov.ided..,
,liability of the insurer
.-that tbe
of casualty
insurance
"er the
J-1r-;
obtained by the Board
of Directors
~",">,-i'sballnot
be' affE7ctedor,dimiriishedas'aresult"ofsuCh
additional
in~uran~e
obtained ny.'2n apartment
Any proceeds
destruction
property
the insurance
trustee
of Apartment-Owners,
shall be held
attachuent
behalf
of anYJsuch
/
so damaged
proceeds
of insurance
or the voting
20.
The Board
Board
and the san.e
or on
creditor
and free of any_ action
or destroyed
until
or on
to fore-
the portions
bc reconstructed
may be used to pay
of such
(and such
for such reconstruction)
tnat the same
should
not be
as the case may be.
Repair And Reconstruction
of Directors
rehabilitation
aS2ignee
creditor
obtained by any such
owners determine
reconstructed,
any ap2rL~ent,
and free of any writ of execution,
creditor,
property
O~Tler,
or or ~he
free of any action by any such
or garnishment
or by
any apartment
or of any receiver,
close any lien upon any apartment,
/
6f Directors
for any. such creditor,
of ;:my sucn creditor
behalf
Dr
to this horizontal
of any lien upon
of the Board of Directors
in bankruptcy
any damage
subject
free of any claim.by
the holder
or the creditors
Association
the property
shall be held by the Board
or his creditors:
_ or trustee
of insurance ;paid£or
suffered by
regime
OIN'Tlex.
shall be responsible
and reconstruction
of Directors
THOUSlI..ND
DOLLARS
of Apartment
($10,000.00)
elements.
to expend,
Owners,
The
from the
up to TEN
during each fiscal
23 -
Elements.
for the repair,
of the co~uon
shall have the power
funds of the Association
Of Common
year
for the
and rehabilitation
,~normal repair
Board
".'."
of Directors
shall
alff6:have the POi-ler'tO expend (froiri
._::c:::....::"..:.;.:.._
the funds of the Association
purpDs~
ior
of Directors
:""."- ._-
.for
'_.,~.
funds and proceeds
owners
c • _.:. ,~~:~;.:~' •.;: ..•
:-0
~the::repairand reconstruction.oi
amounr:s as may.be
SUCD
or rehabilitation
the voting
~"
.:.'l.'
the com'-Llon
elements
repair
..•
aha;,from '"a1)YproceEiQs-~~o:f
~"i.nsuranceavailabl eto
.j
the Board
__
of 'Apartment Ow-ners set aside
.
-5u'cn
.•.,;..,;..-~_~.::,:,
necessary
Ii such
of the~cO~lion €lements.
of insurance'should
for the
not be sufficient,
shall have the pOvler to, and shall,
le\7}T
,.;
a special
asseSSTnent~
any deficiency
for the repair
COTlliliOn
elements.
~ common
plans
as hereinbefore
elements
and- rehabilitation
Any such repair
therefor,
If the COill!.liOn
elements
damage or destruction
Board of Directors
the voting
/
ninety
or destruction
shall have
shall, before
the assembly
not less than two
to the extent practicable.
should
suffer
an:zi
shall call and hold
Ow'TIerswithin
a special
occurred:
(2) firm bids
The Board
from
h,'o
elements
so damaged' or destroyed,
in accordance
original
plans
therefor,
and specifications
the con~on
(as reflected
of
of Directors
or more
for the reconstruction
should be recons~ructed.
meeting
of such special meeting,
At such special
the
(90) days after such damage
contractors
det~r.mine whether
substantial
casualt}t-,
building
practicabJ e.
of the
with the original
the resD.l t of
a~.
of the
or rehabilitation
shall be in accordance
and specificati~ns
to make up
provided,
obtain
respons"ible
of the co~on
with tJ1e
to the extent
meeting
the voting
owners
elements
so damaged
or destroyed
If the cost
oi such reconstruction
by the lowest bid obtained
24
shall
therefor)
does not
~~normal repair
Board
and rehabilitation
of Directors
shall
,-ofcthecom.:.-non
al~o:have
the funds of the Association
the p01:1ertoexpend,'£rom
of 'Apartment Ow'"Dersset aside
SUeD purpCJs~an.d; from '"a:r;y
proc'e~';~:{s:"~o'"f
~":insuranceavailable
.Ii
the Board
repair
or rehabilitation
funds and proceeds
a special
owners
elements
should
2S hereir~efore
or destruction
Board of Directors
the voting
/
shall, before
shall have
should
suffer
(90)
occurred:
(2) firm bids
meeting
The Board
for the reconstruction
so damaged' or destroyed,
in accordence
original
plens
therefor,
At such special
whether
the con~on
should be recons~ructed_
of
of Directors
from b,'o or more
end specifications
the
days after such damage
elements
(as reflected
substantial
a special
contractors
determine
of the
to the extent practicable.
building
practicab] e.
of the
the asserr:blyof such special meeting,
not less than two
up
with the original
shall call and hold
ninety
le,~
to make
a:, the result of any casualty,
Ow'"Derswithin
or destruction
provided,
shall be in accordance
If the COill..!.-non
elements
damage
to, and shall,
or rehabilitation
therefor,
for the
If such
and- rehabilitation
Any such repair
and specificatichs
necessary
not be sufficient,
shall have the power
for the repair
com.:.-non
elements.
~ common
reconstructiohV£
of the~com:.-non
€lements.
of insurance
assessment,
any deficiency
plans
for ~thexepairand
eleme,nts sueD amounts as maybe
the voting
to
. ~-"'~ ,'C::,::.-='~"""
of Directors
'the common
for
obtain
respons'ible
of the co~on
with tJ1e
to the extent
meeting
the voting
owners
shell
elements
so damaged
or destroyed
If the cost of such reconstruction
by the lowest bid obtained
24
therefor)
does not
available
Directors--£orthe
repair-and
-elements )?.Y,Woreth~n
"-.,
- ••
- .• -:'~'~"-
reconstruction
owners. present,
.
insurance
Apartment
or destroyed
proceeds ,the
Owners.
raised by speci~
obtained
con~on
as hereinbefore
therefor)
exceeds
seven per cent
(67%) of the voting owners,
shall proceeds
destroyed
co~~on elements
of the Association
hereinbefore
./
to obtain
special
the necessary
meeting,
reconstruct
and in such event,
property
subject
to reconstruct
the Board
of
such damaged
or
with such insurance
of hpartment
proceeds,
Owners,
oJ.
the
and, to the
_
asse~3ment
as
If the Board of Directors
should fail
vote of the voting
at such
and shall
such damaged
then,
vote of not less than sixty-
-
provided.
If
of insurance,
from funds raised bv special
necessary,
rrOJa runds
($10,000.00),
the affirmative
Directors
with
by the lowest
such proceeds
upon obtaining
extent
elements
provided.
(as reflected
if any, ~y more than TEN THOUSANv DOLLARS
funds
shall proceed
and, to the extent necessary.
assessment
of the
funds of the 2issociatian of
the cost of such reconstruction
bid
vote of a majority
the Board of Directors
to reconstruct.~suchdamaged
such
of thecormnon
.+
•
.
of
TEN. THOUSAI\:""D
DOLLARS. ($lO,.oog. OO)".tJ:J.en,
!j,
upon obta.irii"lgthe"affirmative
voting
to the Board
therefor lack
or destroyed
the estates
owners
the power
common
elements ,/tilen.
of the apartment
to this horizontal
property
as provided by Haw.
Owuers
regime
subject
to partition
514-17,
or from time to time amended o;r reenacted.
25 -
Rev.
to
Stat.,
in the
shall be
Section
. _"0
And Reconstruction
"
• '"
OfApar~~ents_
'owner shall be responsible
and reconstruction
~ ~_
for the
of the ~artsof
his
A~XGlusI ive,·of ,,the-com.rnon-Blernentsthat-'€Dclose,:",
].-'.'1ysuch
repair, -rehabilitation
.:·~·;~·construction's:r-a
Ilbe
in-accordance
with the
._
specifi cqtions
and shall be subject
therefor;
to the approval
Ir an apartment
destr~c~ion
as
~le
shall i~uediately
or destroyed
should
re~ult
of the Board
suffer
cause the part of his
apartment
2Ild specifications
been
or destroyed
shall arrange
for and coordinate
of the damaged
for and on bebalf
Directors
portion
Directors,
shall have the power
suffered by such apartment,
and
with the
COIT~on element,
The Board
to, and shall,
held by
expend
of
from that
:ho. Board
and pelf
for the repair
the Board of
such repair
owner.
trustee,
has
o£
for tre loss
and reconstruction
If in such event such proc'_:l:US
of insurance
should not be sufficient
.apartment,
or destroyed
of insurance
or by the insurance
of such apartment.
element
in conjunction
of such apartmen~
of any proceeds
with the
by the same casualty,
reconstructi~'1 of such apartment,
reconstruction
so damaged
therefor , to the extent
and, in such event, if any co~uon
Directors
owner
,
practicable,
damaged
or
the apartment
to })e recon.,structed in accordance
plans
of Directors.
any damage
of any casualty,
.
original
...~'...
to the extent practlcable,
to complete
the reconstruction
the .apartment owner s11a11 be obliged
of such
to pay the
Board of Directors
.L~'l'i'a~bunt
tJ"le ..
::"::..,
..
the completion
should
there
shall be a lien against
failto·paythe
.'.- ..•.
~~._-~-~-~~"~t'."~-""";:~'~~
like effect,
~
',c'O
,:'"
••
by Haw . .Rev. stat.
..
,-
If any apartment
of any casualty,
and if the Board
the necessary
vote of the voting
of such damaged
and shall
lack the power
co~~on ele~ent¥
owner
_his apartment
22.
so damaged
any COTilJ.ilOn
element,
total cost
the Board
the work
thereof
construction,
then;
to cause
exceeds
to authorize
CO~llon element,
such damaged
the part
Bond.
Before
FIVE THOUSF2~D DOLLARS
v.'i
t..1J.
a surety
guaranteeing
company
as surety,
per cent
undertaking
of
and if the
($5,000.00),
performing
licensed
to
in a principal
(10070) of the
the full and faithful
27 .;.
of
or reconstructiou
sh~ll cause the contractor
to one hundred
such
to be-reconstructed.
rehabilitation
in the state of Hawaii
by the
fail to
and in such event~
And Payment
to obtain a bond,
equal
owners
or an} part of any apartment,
of Directors
do business
should
to reconstruct
or destroyed
the repair,
or destroyed
or destroyed
shall not be obliged
Performance
or perwitting
damaged
and if, in such
of Directors
the reconstruction
apartment
suchpaYTIl.enJ:.
suffer. any da..rnage
or
any common element has been
therefor
..
.-
to make
should
as :'the result
same casualty,
amount
'.'::~"..",
.Secti.onS14-:24.,ata..J.Ytime .after
t
of such aparDllent owner
or destroyed
wi-L'"1
A;<;;~~~_~~7>::·'
.·-~-;:-::r:~'fs.:?f;:
.
'
"":>,,,,,,~.,,,,,,,,; •. ;.'
-
obtain
owner
and suchlienmiay;beforeclosed,
.'-,'
destruction
ofsucb
.....-~ "_._:. ,:~.::~:~·~":·;~~·"~C··~".'.~t.".
':.-
;_
cornmon expenses,
event,
'.
the apartment
and to L~esa'TIe··;ex±::ent4
as any
.j,
failure
...
of suc:hr·e"Const.r:.Jct.'ion·~
owner
-
'/-."
. ,::..::._~;;;::';;::-~:~_.'<.,,;...---?;;~-:\,:-.::<i:~·;2;..:.~~<:";:T~,,~
cost of such
performance
-.
...,
-
contract
and the full
payment of
.-
and materialmen,
ovmerl
their
.,~,:>.,.:;,:-."··,,C,L,.· '.."-- -_..t;~.·;c.,..~:,-"". ",.".
respective
:".._.-,'.,
-"2J:i0Y9chiNikko Association
and nam';'lg
mortgagees,
-'
if any, and th~
--- - .•.,-.-.-:~._
..
..
~~..-..
,,-- ....
'
of Apartment Ovmers ,as
..J
23_.:'Abatement· Of COIliillon
Expenses _ . 'If ,as'aresult
of the damage or destruction
.$
be li~le
shall
that
shall ~ba::e- from the time such damage or destruction
until
or reconstr'J,C,
such damage or
such da~~ge or destruction
::CU,
dE:. __
or the voting
rLTction shall
ap2rtment
wuuld nOr:ffic.l.l.y
1:2 li2ble
not be reconstructed,
shall
The liability
not abete;
apartments
relative
nor shall
t1',' li2bility_of
of Hawaii or the C0
-1.~~'
have suffered
after
the voting owners sLall have determined
reconstructed,
of an action
so damag~2
but either
to partition
Dr
by the
damage or destruction
1estroyed
property
28 -
that
and
the
should not be
}'cfc':ce or after
U,E
or the
the COTIL"Tlon
eleme~ts
shall
COTililiOn
elements
subst",JJti,;l
assessed
shall
of .!'1aui, abate.
After
24.
assessments
such apartment,
to pay :re.' 1 jJ!'operty taxes
shall
COlTiJ'Uon
interests
of such ;'1=',_:;--:'"2nt
for special
owner thereof,
State
for which such
be deemed to be
commonexpenses for w:hi:·}>;3.11 of 'the other
in ..accordance "Ii th their
be
owners determine
as the cr.se may be; 2nd the COTiliT10n
expense
be liable
be .rendered
then the COTIL"Con
expense for which such apartment
have occurred
repaired
of the COITh."Tlon
or other ca'su<: __
y, an apartment
elements by fire
uninnabit?ble,
of some portion
the. initiation
subject
to this
.
.,
,.
':" ~-~,
...:
~~' ..
entitled
the
to
respectuf
such' amount as mav
-'-"
such dahl.age or destruction
,
..•..,_._.'-:.,; ..~~'
....
.....• ,....
.
"'''O"'':-=.:;.:-;.'?~.:;:~'':--
..
necessary' to ~---~
reTriove :Ero!Rthe ~;qperi:.y any building •
or±!D:provementdamaged ordest,royed
and :noteconomicallS
..
...:; :....:
"-reparable,
_.... '<~;':_:.::~~?*~'~~:~+;~:::-:.~c.;.~:.~:~,
.. __
,
and the removal ofeall
damage or destruction,
a good and orderly
.
Dir'_c'cors shall
debris
and the restoration
condition
and -ev'en grade.
.
of such ddmage(~or des-troye~ building
restoratiun
of the property.
of insurance
.......
,... -.,.
<::;..
-:i:o'"'~--:2':''
The Board of
for the removal
and debris
and the
in such event,
should not De sufficienL
and the restoration
shall
If,
,.
c'-from"such
oft:heproperty
h~ve the power to contract
!'
-
result-ing
such proceeds
to pay for such removal
of the property,
the Board of Directors
have the power to levy a special
assessment
to make up
such deficiency.
Restriction
25.
~esires
to sell
Directors
written
than thirty
proposed
(30)
On Alienation.
an apartment
notice
shall
terms of sale not less
to the effective
Such writ~en notice
sale.
give to the Board cf
of the pr9posed
days prior
Any O\,'her who
shall
date of such
also
state
the name
and address of the proposed purchaser and shall grant,: or be
. deemed to grant, the Ass()ci"tion of Apartment Owners, ,'or any
a~signee
named by the
to purchase
Directors
after
fifteen
such apartment
shall
delivery.
(15)
of Directors,
Bo~r~
exercise
an irrevocable
upon the same terms.
SU~l
option
within
The Board of
fifteen
(15) days
If such op-:'ion is not exerciseq within
ovmer may at the expiration
day period,
29
option
such
at any time ItJithin
of such period,
contract
to sell
notice
such apartment
t:·~~;~?··:
:-=_ 0"
<::'shail.notapply.;j:o±he
I,..
'.
_
-/"<,"",Y.,."".'_'
_ "~'-:._._
.,
in .':··'Thes e pre ]is ions
::~:~:":~'::~;~:~~:~:,.-.~~--",.~~~~'"
-:sale.::o£,;anyapartmentby
..• _
. ···_ .•..,..·· __
·,'._e_·
•. :::"
aevelopment.agree:~ent
sale held pursuant
contained
'orby
anyperson
sale
or power of sale
mortgage of any apartment,
apply ·to any scili"'Sequen.tsale by the purcnaser
by nis
successor
in interest;
provided,
that
these provisions
not apply to any sale made by a mortgagee
title
to an apartment as a purchaser
successor
exercise
in interest.
epartment,
nor snaIl
apartment,
without the prior
of the voting
shall
released
affil:illative
Any option herein
(90)
purchase
described
of any apartment
and, thereafter,
to the Owlier of notice
30 -
of any
than three of
may be sold, by t})f.' owner I for a period
the delivery
any
maybe waived or
upon the affirmati'-.,c- vot", of not less
days after
any
Liese provisions
or any bona fide gift
the members of the Board 0:f8i[ectors,
apartment
shall not
vote of a majority
t at a meeting.
O~l~:
or its
to purchase
or ap,;:,]':' to the devolution
upon the death of any
apartment.
described
sale
apply to any
from such mortgagee
the Board of Directors
owners prc~
not restrict
but shall
The Board of Directors
any option her€incbove
who acquires
et any fGreclosur~
or sale made under any power of sale,
sale by the purchaser
but shall
at such sale or
shall
subsequent
wbo
-with Owner Of Fe',", or to any
to a foreclosure
in any recorded
OvvnerOf Fee,
.
"·t~·"bis '1i~'iis ~'e;~~~t6:~~:'~tid'-;:;~~lrij'st:s:ators,
nolds3
or
to the person nemed in such
upo..1'1
the,·terms·;s~eci£±ea'there
·'-r:;:: ~. :
sell
an
o:f ninety
of such
, I
.. :;.=-":"
.
...
~YDte.,.. free
.owner
.upon demand by an owner, shall
,.'
execute
and acknowledge a
thClt
owner has
=recordabls~ertificateto
the effect
-~
or th2tthese
cothplied
~ - .' .wit.latlles~·provisions,
~
-~- .
.nave neen.waiv-ed. or released by tne Board of Directors,
~'•.. ' " .'
'..,
-.
....j' -~-'. ..
"
'.
-
-
"'
;a.nd tnat.allright~
and options
Such certificate
snaIl
owners, their
,
their
to rely
any owner who shall
~~e
no"'..",
Ii v~ng
26.
The voting
assess~ent
elf
r
and the
and any third
shall
person
and all things
be entitled
to charge
a reasonable
become void and of no effect
tne death of the survivors
Que.en
Victoria
of
England ..
of
Apartmcr'.:-.,;-;'urchased By Board Gf Directors.
owners shaJ 1;--'3ve the
---------------~---_
to fund the
~---------------._-------
byr-- the voting
_
upon all
in interest,
any such certi£icate
shall
issu.C
nave terminated.
and binding
succes sors
President
twer.cty-one (21) ve2r~ 2fter
the
provided
upon su:cn certificate
request
These provisjc~s
fee",
successors
rand
snaIl have a rig;,t
tberein containe~.
.
be conclusive
respective
Board 'of Directors
herein
pOh7er to levy _a special
..
--
---_.-.,-----.-
power to borrow money
irL':1l
tutiOD,
of the Association
OD the credit
to fund the purchase
..
-----
-----------
'The Eoard of Directors
mmers.
-- -_.
·"'chase of an aDart..,,;-,entauthorized
<::nestablished
of ",n apartment
owners, and, if such fUDJs
be
financial
have the
insti-
of Apartment ~wners,
authorized
borrowed,
shall
by the voting
the Board of Directors
shall have the power to r"urt.gase such apartment to secure
such loan.
Any apartm0nt purchased by the Board o£ Directors
shall
be held in the name of the Board of Directors,
31
as
:.:.,
~'-,
the relative
'27 .Audit_-?-...!~ owner may.at:any
reasonable
"'~;~":""":_"':'~':&::""
•.~.,::"
upon
re2sona~le
hour,
-""""'-'<"""'-"~""-'-'--":";: ,~.....
.
notice;";and:at':his'exp~nse, ,auditor
inspect,
:books.and records !:Of
,or .have:J1isagents ..
audit
:~?r,;~r.is'pect"
.
.' ~
~.;;~;;'''~'-'
..
...
-
,
the Board
of Directors
-
.,,~':.
,
or of -the Hanager
or Hanaging
Agent .
.
28.
notations
Miscellaneous.
of this document
shall include
are used herein
thougb
so apply,
29 ..
plan
horizontal
reference
regime,
statute,
Court of Hawaii
decision
Horizontal
514,
of a
of a fee simple
with
and as tbe same
interpreting
any decision
such statute,
interpreting
to the foregoing
and
a similar
Declaration
of
ProfE rty Regime.
30.
Amendment.
than this paragraph,
amendment:
the creation
or reenacted,
of any court
and with reference
of this document
and operation
to Haw. Rev. stat., .Chapter
any published
as
in all cases where
and shall be construed
may from time to time be amended
other
they shall be construed
to effect
for the development
of tbe Supreme
ifmenever any words
The provisions
construed
property
The use
and vice versa.
Construct.oon.
shall be basically
only, and,
sball control.
all gellders.
in the &ingular,
and marginal
convenience
they were also used in the plural
they would
uniform
arerar
the text
-,.,
if "-h
L ere ~De any lit conr_let,
of any gender
The headings
may be amended
than seventy-five
per cent
The provisions
which
of this daclli-nent,
shall not be
subject
by the af~irmativevote
(75%) of the voting
- 32 -
to
of not less
owners.