The Association of Apartment Owners of 909 Kapiolani

HOUSE RULES AND REGULATIONS FOR
The Association of Apartment Owners of 909
Kapiolani
Adopted by the Board of Directors for 909 Kapiolani
Effective April
f.- ~.' .".+, ~
15, 2011
TABLE OF CONTENTS
Page
SECTION 1 - INTRODUCTION................................................................................................ 1
SECTION 2 - GENERA............................................................................................................ 1
SECTION 3 - OCCUPANCY AND USE OF APARTMENTS................................................ 3
SECTION 4 - TEMPORAY OCCUPANCY ........................................................................... 5
SECTION 5 - MOVING FURTUR AND LARGE ITEMS ............................................... 6
SECTION 6 - PETS ...................................................................................................................... 6
SECTION 7 - PARG STRUCTURE AN ROADWAY RULES .................................... 8
SECTION 8- NOISE AN NUSANCES ................................................................................. 11
SECTION 9 - SAFETY AN SECURITY CONSIDERATIONS.......................................... 12
SECTION 10 - GENERA RULES AN AESTHETIC CONSIDERATION .................... 14
SECTION 11 - BUILDING REPAIRS, MAINTENANCE AN MODIFICATIONS......... 17
SECTION 12 - COOPERATION WITH SECURTY AND EMPLOYEES ........................ 20
SECTION 13 - VIOLATIONS OF THESE RULES ............................................................... 21
SECTION 14 - FINE SCHEDULE AND PROCEDURES ..................................................... 22
SECTION 15. RECREATION DECK AN EXERCISE ROOM........................................ 24
SECTION 16 - RESIDENT EVACUATION PLAN................................................................ 27
SECTION 17 -AMENDMENTS ................................................................................................ 27
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SECTION 1 - INTRODUCTION
These House Rules are intended to make your daily living at 909 Kapiolan (the "Project")
meanngful and enjoyable. Condominium living requires each resident to have appropriate
respect for the needs and rights of others living in the complex. These House Rules are designed
to protect all aparment owners and other occupants, including tenants and guests, from
anoyance and nuisance caused by improper use of the Project and also to protect the reputation
and desirabilty of
The Board of
the Project and the enjoyment, comfort and securty of all residents.
Directors of
the Association of Aparent Owners (the "Board") is responsible for
enforcing these House Rules but such responsibilty may be delegated to the Managing Agent or
General Manager as may be permitted by the Bylaws of the Association of Aparent Owners of
909 Kapiolan ("Bylaws"). All aparment owners and other occupants, tenants and their guests
are bound by these House Rules.
These House Rules supplement but do not change the obligations of the aparent owners and
all occupants, tenants and their guests as set forth in the Declaration of Condominum Propert
Regime of 909 Kapiolani ("Declaration") and the Bylaws. In the event of any inconsistency
between these House Rules and the Declaration or the Bylaws (and amendments thereto), the
Declaration and Bylaws will prevaiL. The Board shall make such other rules and regulations from
time to time or amend these House Rules, as it deems necessar or desirable.
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All aparment owners, occupants, tenants and their guests shall exercise a standard of reasonable
conduct at all times whether covered by these House Rules or not.
SECTION 2 - GENERA
1. Each aparent owner or tenant shall conform to these House Rules. Aparment owners
or tenants wil also be responsible for their guests' observance of all House Ru1es as set
forth therein. In the event expenses are incured due to violations of the House Rules by
tenants or guests, the owner shall be responsible for the payment of same.
2. The violation of any House Rules adopted by the Association through its Board of
Directors shall give the Board of
Directors or its Agents the right to:
a. Enter the aparment in which, or as to which, such violation or breach exists and
sumarly abate and remove, at the expense of the defaulting aparment owner,
any strctue, thing or condition that may exist therein contrary to the intent and
meanng of the provisions hereof; and the Board of Directors or its Agent shall
not thereby be deemed guilty in and/or liable for any maner or trespass; or
b. To enjoin, abate or remedy by appropriate legal proceedings, either at law or in
equity, the continuance if any such breach, and all costs thereof, including
attorneys' fees, shall be borne by the defaulting aparment owner.
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c. To levy a fine against the responsible owner.
3. The Managing Agent and/or the General Manager is empowered to issue citations for
violations of the House Rules. Enforcement actions for penalties for any violation will be
taken by the Board of Directors in accordance with the Declaration, Bylaws, and/or as
permitted by law.
4. Appeals shall be made in wrting to the Board of Directors in accordance with the Fine
Schedule and Procedures set forth in Section 14.
5. Complaints and suggestions shall be made in wrting directly to the Board of Directors,
through the Managing Agent or in person at a Board Meeting.
6. Any consent or approval given under these House Rules may be added to, amended, or
repealed at any time by resolution of the Board of Directors.
7. Common Area Furtue, Fixtues and Equipment. Outdoor futue, fixtues and
equipment placed in common areas, if any, are for use in those specific areas and must
not be moved therefrom.
8. Access to Aparents by Managing Agent and General Manager: The Managing Agent
and General Manager are not required to give access to aparments or buildings to
persons other than the owner or occupant without the wrtten permssion of the aparment
owner, tenant or authorized occupant.
9. Registration of Inormation with General Manager. Every aparment owner and
occupant, upon takg possession of an aparment, shall file their names, addresses,
identity and description of pets, make and model of automobile to be parked on site,
telephone numbers and signatues with the General Manager and shall fush the Board
and/or the General Manager with such other information as shall be reasonably requested
by the Board or the General Manager from time to time, and must cooperate with the
General Manager's office in keeping all registration information curent
10. Keys to Aparents. Upon the initial conveyance of an aparent, each aparment owner
wil be issued a minmum of one (l) aparent key and one (1) mail box key by the
Developer. After the initial conveyance, each aparment owner shall be responsible for
insurng transfer of all keys and any securty cards to that owner's tenants, successors and
assigns. To faciltate the right of access provided by the Declaration and Bylaws to the
General Manager or the Board, each aparment owner shall fush the Board or the
General Manager with keys to locked entrances to such aparment owner's aparment, and
shall promptly furnsh new keys when and if such locks are supplemented or changed. If
any key or keys are entrusted by an apartent owner or occupant to an employee or
contractor of the Association except pursuant to ths Section, whether for such aparent
or an automobile or other item of
personal propert, the delivery ofthe key shall be at the
sole risk of such aparent owner or occupant, and neither the Board, the Association nor
the General Manager shall be liable for injur, loss or damage of any nature whatsoever
directly or indirectly resulting therefrom or connected therewith. Each aparment owner
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and occupant shall assume full responsibilty for protecting such aparent owner's
aparment and the contents thereof from theft, robbery, pilferage, vandalism and other
loss.
11. Charge for Lost Fobs. Unless otherwse stated herein, the General Manager may charge
for the loss of securty fobs at its published rates. The charge for replacement of lost,
stolen or damaged fobs shall be $50.00 per fob (or such other amount as may be
determined by the Board from time to time).
12. No Commercial Solicitation. No commercial solicitation or canvassing will be allowed
on the Project at any time.
13. Special Safety Rules. The Board from time to time may post special safety or other rues
governng the use of the private roadway or other common areas. The Board's posted
rules shall be considered extensions of these House Rules.
14. Theft or Damage to Personal Property. The Association shall not be responsible or liable
for the theft, disappearance, or damage to any personal property located in the common
elements or any area of the aparents or buildings.
15. Observance of
House Rules. Every aparent owner shall observe and comply with these
House Rules and shall ens.ure that all occupants of such aparent owner's aparment
shall also observe and comply with the Declaration, Bylaws, and these House Rules.
Each aparent owner shall be responsible for such aparent owner's and occupants'
observance and compliance with these House Rules. In the event that expenses are
incured by the Association or the General Manager on behalf of the Board due to
violations of these House Rules by any aparent owner or occupant, such aparent
owner or occupant shall pay for such expenses, including reasonable attorneys' fees.
16. In the event of any confict between the provisions of these House Rules and the
Declaration, or the Bylaws, the Declaration and the Bylaws shall prevaiL. The invalidity
of any provision of these House Rules shall not be deemed to impair or affect in any
maner the validity, enforceabilty or effect of the remainder of these rules, and in such
event, all of the other provisions of these rules shall continue in full force and effect as if
such provision had never been included herein.
SECTION 3 - OCCUPANCY AND USE OF APARTMENTS
1. An aparent and any limited common element(s) appurenant thereto shall be occupied
and used by the aparent owner, aparment owner's family, lessees, servants, guests,
invitees, licensees, agents, employees and other persons who may use or occupy the
aparment by, or though the aparment owner, only in accordance with and for such
puroses as designated in the Declaration and the Bylaws
2. Residential Aparents: All residential aparments shall be used for residential puroses
only. No aparments shall be used for transient or hotel puroses, or in connection with
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the carying on of any business. Time-sharing and/or fractional ownership of
condominium unts is prohibited.
3. Children: An aparent owner and occupant shall be responsible for the conduct of such
aparment owner's or occupant's children at all times, ensurng that their behavior is
neither offensive to any other aparment owner or occupant of the Project nor damaging
to any portion of the common elements, and shall be responsible for any violation of
these House Rules by their minor children.
4. Condition: Every aparent owner and occupant shall at all times keep such owner's or
occupant's aparment and any limited common element(s) appurenant thereto in a strictly
clean and santar condition and observe and perform all laws, ordinances, rules and
regulations now or hereafter made by any governental authority or the Association for
the time being applicable to their use of
the Project.
5. Occupancy Limits. Notwithstanding anythig in these House Rules to the contrar, any
violation of occupancy limits or other restrctions imposed by any law or regulation shall
also be a violation of these House Rules.
6. Plumbing: Toilets, sinks, plumbing and other water apparatus in the aparments shall not
be used for any purose other than those for which they were designed, and no
sweepings, rubbish, rags or other aricles shall be thrown into them. Any damage
anywhere in the Project resulting from misuse of any toilets, sinks, or plumbing or other
water apparatus in an aparent shall be promptly repaired and paid for by the aparent
owner of such aparment. Every aparment owner and occupant shall use his or her best
efforts at all times to conserve water.
7. Hazardous Activity: No activity shall be engaged in and no substance shall be introduced
into or manufactued withi any aparment, limited common element, or the common
elements which might result in the violation of any law, or cause any increase in the
ordinar insurance rates or the cancellation or invalidation of any insurance thereon
maintained by or for the Association. Nothing shall be allowed, done or kept in any
aparents or common elements of the Project which would overload or impair the
floors, walls or roofs thereof, or cause any increase in the ordinar insurance rates or the
cancellation or invalidation of any insurance thereon maintained by or for the
Association. Unless the Board gives advance wrtten consent in each and every instance,
no aparment owner or occupant shall use any ilumination other than electric lights, or
use or permit to be brought into any aparment, common elements or any other area of the
Project including, without limitation, the storage rooms and storage lockers located in the
podium structue, any flamable oils or fluids such as gasoline, kerosene, naphtha or
benzene, gupowder, fireworks or other explosives, combustible substances, or other
aricles deemed hazardous to life, limb or propert.
8. Telephone and Cable Television: Telephone and cable television Wllng has been
installed up to each aparment; however, each aparment owner is responsible for
subscribing to and paying for telephone and cable television services to such owner's
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aparment or for any extension or connection of such wiring within such owner's
aparent.
9. Prohibited Uses: In addition to the use restrctions contained in the Declaration and the
Bylaws, no residential or commercial aparent shall be used as a bar, cabaret, nightclub,
tavern, or amusement facilty (for puroses hereof, prohibited amusement facilty shall
include, by way of example, pool halls and gaming or "pachinko" parlors).
SECTION 4 - TEMPORAY OCCUPANCY
1. Subject to the terms of the aparent deed, the Bylaws and the Declaration, every
aparent owner, or such aparment owner's designated agent, may lease or rent such
aparent owner's aparment, or make it available for use by friends, but the person or
persons occupying the aparment shall abide by these House Rules, and the Aparment
owner shall assume the responsibilty for the occupants' conduct. An aparment owner or
such aparment owner's designated agent must notify the General Manager of the names
and length of anticipated occupancy of any occupant. All leases must be in wrting and
shall be filed with the General Manager prior to the tenant's occupancy. The Aparent
owner or its agent shall give a complete copy of this house rules to the occupants of the
unt.
2. Conduct of Tenants, Guests and Other Persons: An aparent owner shall be responsible
for the conduct of his or her tenants 'and guests. An aparent owner shall immediately,
upon request of the Board or Managing Agent abate and remove, at the apartment
owner's expense any person or persons, structue, thig or condition contrar to the intent
and meang of the provisions hereof. If an aparment owner is unable to obtain
compliance with the Declaration, By-laws or these House Rules, the aparent owner
shall, upon request of the Board or Managing Agent, immediately remove such person or
persons from the premises, without any compensation due from the Association for lost
rentals or profits or any other damage resulting there from and may be subject to the
applicable fine for any such violation.
3. Appointment of Local Agent: Aparent owners shall be responsible for designating a
local Agent to represent their interests if their permanent residence is outside of the State
of Hawaii or if they wil be absent from the aparment for more than thirt (30) days.
Such owners shall advise the General Manager in wrting of their out-of-town addresses
and telephone numbers and the addresses and telephone numbers of their local Agent.
Any violation, warng notices, citations and/or fines for violation of these House Rules
wil be assessed and accumulated from the first day of the warg notice and/or citation
canot be reached through the wrtten
even if the Apartment owners or their local Agent
contact information on fie. It is the responsibilty of the Aparment owners to ensure the
Association has the curent contact information for both the owners and their local Agent.
4. Temporar Absence of Owners. Any aparment owner absent from his or her aparment
for more than foureen (14) consecutive days, at such aparment owner's expense, shall
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have an agent, frend or employee conduct periodic inspections of such aparment
owner's aparment, assuming responsibilty for the contents thereof
SECTION 5 - MOVING FURNITURE AN LARGE ITEMS
1. The loading or unoading of futue, appliances, or other items for use within an
aparment, shall take place in the loading areas only and on such days and at such hours
as may be determined by the Board or the General Manager. Extreme caution shall be
used to avoid damage to any sprinkers, plants, lawns or any other par of the common
elements of the Project in the course of using the loading areas. The aparent owner
responsible for any such damage shall be liable for any and all costs and expenses
incured as a result of any such damage.
2. Any aparment owner or occupant desiring to use the loading areas for moving
fushings, appliances and large objects shall make a reservation in advance and shall
sign in and sign out at the securty offce. In making reservations for the loading area,
priority will be given in this order: (a) trash pick-up; (b) moving fushigs inout of
building; and (c) car wash. The loading area adjacent to the Project building will be for
- the exclusive use ofthe Project's residents.
3: Reservations must be obtained for the use of the elevator for moving fuitue and other
large items into and out of unts. The elevators may only be used for moving only
between 8:00 a.m. and 4:00 p.m., from Monday to Friday, and between 8:00 a.m. and
it is the
5:00 p.m. on Satuday, except holidays. Moves may be made on Sunday only if
first or last day ofthe month, and prior approval is obtained from the General Manager.
4. There is a charge of $50 for all moves. There is an additional $50 deposit required. The
cost of cleanng or repairing any damage to the elevators or common areas resulting from
the move shall be deducted from the deposit. Additional sums may be charged, if
appropriate.
SECTION 6 - PETS
1. All pets must be registered with the General Manager immediately upon being kept in the
aparment. It is requested that disabled residents with service anmals register their
service anmal with the General Manager. Nothing herein shall hider or restrict full
access to the aparment and the common elements by residents and/or guests with
physical disabilties who utilze service anmals.
2. With the exception of aquarum fish, no anmals of any kind shall be raised, bred or kept
in the Project, except that not more than one dog of less than 20 inches in height at the
shoulder, or one cat, or other single household pet needing no access to the outside, may
be brought on the Project and suitably housed in an aparment. No pet may be kept, bred
or maintained for any commercial puroses. The restrctions on height shall not apply to
registered service anmals. The anmals shall not include those described as pests under
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section 150A-2, HRS or anmals prohibited from importation under sections 141-2,
150A-5 or 150A-6, HRS. If
the owner of an apartment has agreed in wrting to allow the
owner's tenants to keep a pet in the aparent, the tenants may keep only those types of
pets which may be kept by the aparment owner.
3. Dogs shall car a conspicuous identification tag and may be picked up by any person,
and detained if found runnng loose. Such dog will be released to its owner upon the
payment of a reasonable charge which shall be paid over to the person picking up and
deliverig the dog to the Association or General Manager. The owner of such dog shall
compensate any person hur or bitten by the dog, and shall hold the Developer, the Board,
the Association and the General Manager harless from any claim resulting from any
action of
his or her dog.
4. Responsibilty of Pet Owners: Pet owners shall be responsible for their pets at all times
while at the Project. All pets must be carred or on a leash while in the common areas,
including elevators, garage and lobby. Pets are not permitted on the recreation deck or in
the pary room; however ths restrction does not. apply to service anmals utilzed by
physically disabled residents and guests. Pets are not allowed to roam the common areas
at will at any time. Pet owners are responsible for the imediate cleanup after their pets
in the event of any accident. Owners shall not allow pets to relieve themselves while in
the parkig garage or upon the planters or bollard lighting. Pet owners are responsible
for undue noise made by their pets. If the pet causes any nuisance or any uneasonable
distubance to any other occupant of the Project, it shall be permanently and promptly
removed upon notice given by the General Manager or the Managing Agent.
5. Injur and/or Damage Caused by Pets: Aparent owners are responsible and liable for
any injur caused by a pet and any damage to the building, grounds, flooring, walls, trim,
finish, tile, careting, stairs or other portion of the Project, whether the pet belongs to the
owner, tenant, or guest. In addition, any damage caused by cleanng chemicals or other
such materials used in an attempt to remedy the said damage is also the full responsibilty
of the aparment owner, who shall be responsible for payment of the full costs of
restitution or removal and/or replacement of items damaged by the pet.
6. Service Anmals: Notwithstanding anything to the contrar therein, physically disabled
persons are permtted to keep service anmals in their aparments and accompany them
while on the common areas. If any service anmal causes a nuisance or uneasonable
distubance, the owner thereof will be given reasonable opportty to rectify the
problem by measures which fall short of the ejectment of the anmal from the Project.
Ejectment of such anal will be required only if the Board of Directors reasonably
determines that less drastic alternatives have been unsuccessfuL. If such anmal is ejected,
it will nonetheless be allowed to remain at the Project for a reasonable time while the
owner thereof attempts to find a suitable replacement anal, provided that the problem
is controlled to a sufficient degree that the continued presence of the anmal during that
time does not interfere with other residents' right to quiet enjoyment of their aparment
and common elements and is not a threat to the safety of other residents.
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7. Any apartment owner who is keeping a pet, not prohibited under the Bylaws, as of the
effective date of an amendment to the Bylaws which prohibits pets, may, upon the death
of the pet, replace the animal with another and continue to do so for as long as the owner
continuously resides in the owner's aparent or another aparent subject to the same
Bylaws.
SECTION 7 - PARNG STRUCTURE AND ROADWAY RULES
1. Use of Roadways and Recreation Areas: The roadways and recreation areas for the
Project are admistered by the Association and are for the use of the aparent owners,
their tenants and guests. The walkways, passages, and roadways shall not be obstructed
or used for any puroses other than ingress and egress.
2. All vehicles shall be operated within the Project in a quiet maner. All motor vehicles
(including motorcycles and mopeds) must be equipped with quiet muffers. Racing or
gunng of motors is expressly prohibited.
3. No cars may be parked or left unattended except in parking stalls in the parking
structue, drveways and designated guest parking stalls. No parking shall be allowed in
the drveway areas, except brief stops incident to pick up and drop off puroses only, or
a short parking stop of no more than ten minutes in any specially designated area. No
parking shall be allowed in the parking structue outside of a designated parking stalL.
4. Storage of
non-fuctioning automobiles in parkig stalls is prohibited.
5. Parking and Automobiles: Only vehicles displaying 909 Kapiolan decals are authorized
to park in specific assigned stalls.. Any exception to this rule requires the prior wrtten
authorization and approval by the Board of Directors. 909 Kapiolan decals shall be
permanently affixed and displayed on either corner of the vehicle bumper facing
outward from the parkig stall, uness a specific exception is requested and granted by
the Board. When vacating the building, 909 Kapiolan decals are to be removed and
retued to the front desk. All vehicles must have a curent license plate, registration,
safety inspection, insurance and must be in an operable condition.
6. Parking in undesignated areas is prohibited. Assigned parking stalls may be used to park
any type of trailer or sea craft provided such trailer or sea craf does not protrde from
beyond the end of the painted parkig stall line. Except for bicycles, no children's
wheeled toys or vehicles shall be permitted in the garage structue at any time. All other
vehicles, including bicycles, mopeds, and motorcycles, when not being used, must be
kept in the area designated for such puroses. No boxes, equipment or any other items
shall be stored in any owner's parking stall. All parked vehicles shall be centered in
parking spaces to prevent crowding of adjacent spaces and/or blocking of passages. No
vehicle shall be parked in such a maner as to impede or prevent ready access to any
entrance or exit from the building by another vehicle.
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7. The assignent of parking stalls for aparent owners is set forth in the Declaration and
as shown on the Condominium Map. Subject to these House Rules, the Bylaws, and
the Board, an aparment owner, or such
prior wrtten consent of
and the
the Declaration,
aparent owner's designated agent, may assign such aparment owner's right to use a
parkig stall in the parking strctue, on the condition that the person or persons
assigned such right shall be residents of 909 Kapiolan and shall abide by these House
Rules, and the aparent owner or designated agent, as applicable, shall assume the
responsibilty for the user's conduct. An aparment owner or such apartment owner's
designated agent must notify the General Manager of the identity of the assignee
together with such assignee's vehicle description, anG length of anticipated use and such
other information as the General Manager shall reasonably request.
8. Gate Access. A gate has been installed in the parking strctue to limit access to
aparent owners and registered tenants only. The gate is operated by the same access
fobs which provide access to the building. When entering via the access gates, cars
shall not "piggy back", but shall each use the assigned access fob.
Oversized Vehicles: Oversized vehicles which canot transverse the parking
9. Parkig of
garage without makng contact with the ceilng, or protrsions there from, and/or which
canot fit completely in a parking stall wholly within the painted lines or which extend
into the roadway so as to create a hazard, are prohibited.
1 O. Violations: Violators of any parking regulation promulgated by the Board risk having
their vehicles towed away at their own expense. If the violator is a tenant, invitee,
employee or guest of any owner, the owner shall be liable for the violation and assessed
any incured towig charge. Violators shall also be subject to warng notices, citations
and/or fines according to the Fine Schedule and Procedures attached to these House
Rules.
11. Service Vehicles. When workmen are performng work on an aparment, the aparment
owner shall advise them to park in an area designated by the Board or the General
Manager
12. Commercial stalls shall only be used by guests and the commercial aparent owners
for parking of guest vehicles. Vehicles may not be left unattended for any period of
time in the Commercial stalls.
13. Registered residents shall not park any vehicles in any guest stalls. Each guest or visitor
shall be allowed to park their vehicle for no more than five (5) hours in guest stalls
located in the parking structue. Special arangements must be made with Securty for
overnght parking for out-of-town visitors. Only one overnght parking pass per unt
wil be issued. All visitors must register their parked car and comply with all parking
regulations. Violations may result in towing the car from the Project at the owner's
expense.
Honolulu registration to be
kept in the building and must be registered with management and have a 909 Kapiolan
14. Bicycles: All bicycles must have a curent City & County of
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sticker. Unlicensed motorized vehicles, skateboards, roller-skates and roller-blades may
not be ridden anywhere withn the Project. Bicycles shall not be taken into the elevators,
lobbies, stairways, aparments, hallways or lanais of the Project.
15. Washig Cars: The washing of cars wil be permitted only in the designated car washing
area located on the first floor. The car wash area may only be used by residents of the
building, and only for washing cars that are registered with 909 Kapiolan. Persons
using the car wash are required to squeegee remaining water to the drain after washing
their car. A valid driver's license or other pictue J.D. must be deposited for the key to
the faucet for the car wash area, which wil be retued after the area is squeegeed and
upon retu of
the key.
16. Polishing of motor vehicles shall be permitted only when vehicles are properly parked
in a stall in the parkig structue.
17. Emergency minor repairs of properly parked motor vehicles shall be permitted only
when vehicles are properly parked in a stall in the parking strctue. No other car repairs
or adjustments may be made at any time in the common elements of the Project,
excepting only minor repairs or adjustments of the tye not requiring specialized
mechancal knowledge, specialized tools, and/or draining of fluids, which shall be made
only in assigned parkig stalls.
18. Parking stalls shall not be used for the painting of motor vehicles or keeping of motor
vehicles on blocks.
19. Responsibilty for Damage to Personal Property: Damage to cars and other personal
propert shall be the responsibilty of the person causing the damage, and not the
responsibilty of the Association of Aparment Owners, its Board of Directors, and
employees, Agents or the Managing Agent.
20. Damage to Parking Stalls: The assignee of the stall is responsible for its general upkeep
and maintenance. Damage to assigned parking stalls including damage caused by oil
spils or fluid leaks, shall be the sole responsibilty of the owner of such stall. The owner
shall be required to clean and/or repair the damage immediately, and to maintain the
assigned parking stall in a neat and clean condition. If the stall owner fails to correct the
problem within three (3) days after receiving wrtten notice from the Board, Property
Manager, or the General Manager, the Association is authorized to correct the problem
at the owner's expense and assess the unt owner all costs incured in connection with
same, in addition to assessment of the applicable fine for such violation. Drip pans,
cardboard, caret pieces or any similar items may not be used in any stall.
21. Rental of Parking Stalls: Parking stalls may only be rented to residents of 909
Kapiolan. Automobiles in rented spaces must be registered with the General Manager.
22. Speeding: Any driver who is drving over the speed limit of (five) 5 miles per hour may
be cited and/or fined.
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23. Driving with Care in the Garage: Drivers are expected to comply with the five (5) miles
per hour speed limit and to observe traffc couresy for the safety of alL. Drivers must
drve with care and attention in the garage. Special attention should be given to
pedestrans using the walkways and to other vehicles passing by staying only on the
proper side of
the driveway, and refrain from distracting activities Le. using cell phones,
reading, etc.
24. In the event an aparment owner or occupant is a person with disabilties, as defined by
Section 291-51, Hawaii Revised Statutes, as amended, then said aparent owner or
occupant, upon application to the Board or the General Manager will be permitted to use
any stall assigned by the General Manager or the Board for such aparent owner's use
which is designated as a handicapped parking stall.
SECTION 8- NOISE AND NUISANCES
1. Noise and Nuisance Prohibited: Nuisance of any kind or natue shall not be allowed in
the Project and any use or practice which is improper or offensive in the reasonable
opinon of the Board, in its sole discretion, or in violation of the Bylaws or these House
Ru1es or which uneasonably interferes with or is an uneasonable anoyance to the
peaceful possession or proper use of the Project by other aparment owners or their
. occupants shall not be allowed in the Project Any violation of House Rules related to
noise and nuisances may result in a citation and/or fine.
2. Smoking is prohibited in all common areas and on all lanais at 909 Kapiolan. Owners
and occupants may smoke in their aparments, but if they do so, they are required to take
all necessar steps to prevent smoke from infltrating common elements and other unts.
This includes takng all necessar steps to prevent smoke from seeping out of widows or
doors and/or from penetrating neighborig unts through air conditioner in-takes.
3. Specific Rules:
a. Excessive Noise and Objectionable Odors Prohibited: All noise from whatever
source shall be controlled so as not to distub or anoy other residents. All
residents and their guests shall maintain quiet between the hours of 10:00 p.m. to
6:00 a.m. Residents and other occupants of the aparents shall avoid excessive
noise of any kind at any time and shall not cause or permit any distubing noise or
objectionable odors to emanate from their aparments. Residents are reminded to
be attentive to noise from their aparments that can affect others. This includes but
is not limited to loud talking on the lanais, in the hallways and at the elevators,
loud music, sound from the television, knocking on walls or floors, etc.
b. The trash chutes shall not be used between the hours of midnght and 6 a.m.
c. Hours for Workmen and Construction: Owners' and occupants' workmen are not
allowed in the Project, and no construction shall take place, before 8:00 a.m. or
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after 5:00 p.m., Monday through Satuday, or anytime on Sundays or holidays,
except in an emergency.
d. Hours for Reduced Volume for Radios, TV s and Stereos: Radios, televisions,
stereos, and other audio equipment or device must be played at reduced volume
after 10:00 p.m. and before 8:00 a.m.
e. Depare of Guests, Minimizing Noise: Every occupant shall be responsible for
keeping noise from deparing guests at a minium, paricularly at night.
f. Every occupant shall hold (or restrain) doors so as to avoid slaming doors due to
the wind
g. Reporting of Excessive Noise: Excessive noise at any time should be reported to
Security or to the General Manager.
h. Any owner, tenant or guest who is disorderly or creates uneasonable distubance
and continues afer a verbal warng will be subject to a fine as indicated in the
Fine Schedule and Procedures. Such conduct may also be reported to the
authorities when waranted. Disorderly conduct or uneasonable distubance
includes but is not limited to the following:
1. Fighting, threatening and or displaying a violent bellgerent behavior.
11. Creating an uneasonable amount of noise, which includes yelling and the
use of loud voice tones.
iii. Subjecting another person to offensive coarse behavior, remarks or
abusive language which will likely provoke a violent response.
iv. Creating a hazardous, hostile or physically offensive condition.
1. Soliciting Prohibited: No soliciting, of any kind, including commercial or
religious, is allowed in the Project. Report all solicitations to the General
Manager.
SECTION 9 - SAFETY AND SECURITY CONSIDERATIONS
1. Entry to Project Building. Every occupant is responsible for takng reasonable measures
to prevent the unauthorized entry of strangers into the Project building. A stranger is
anyone who is not either an owner or an occupant of an aparment in the Project. Guests
of owners or occupants may be let into the building only by the owner or occupant whom
the guest is visiting. Any occupant witnessing a suspicious or unauthorized entry shall
report it immediately to securty.
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2. No Objects to be Placed or Left in Common Areas or Thrown from Lanais: Aparment
owners, tenants, and guests shall not place or maintain in or upon the common area of the
Project any futue, children's vehicles or objects of any kind. No objects are allowed to
be thrown from lanais. Shakng dust cloths, rugs, or other aricles out of windows or
lanais is also prohibited.
3. Supervision of
Children: In accordance with the Federal Fair Housing Act, 909 Kapiolan
does not restrct occupancy based on family status. However, parents should act
responsibly and supervise their children at all times while they are present on the
common elements. The Association does not provide child care services to residents and
assumes no liabilty for injures sustained by children while anywhere on the common
elements ofthe Project.
4. Flamable or Dangerous Liquids: Inflamable fluids such as gasoline, kerosene or
explosive materials or aricles deemed hazardous to life, limb or propert may not be
stored anywhere in the Project including the storage lockers or brought into the building.
5. Overloading of Floors. Activities Whch Would Invalidate Insurance: Nothing shall be
allowed, done or kept in any aparent or on the common elements which would
overload or impair the floors, walls or roofs or cause any increase in the ordinar
premium rates or the cancellation or invalidation of any insurance maintained by or for
the Association.
6. Water Beds Prohibited: No waterbeds shall be permitted in any aparment of
the Project.
7. Rules of Governental Authority: Each aparment owner, tenant, or guest shall at all
times observe and maintain all laws, ordinances, rules and regulations now and hereafter
made by any governental authority or the Association applicable to the use of the
Project.
8. Control of Water. No aparment owner or resident shall allow water to spil or drip onto
other areas of the Project and should take such precautionar measures to prevent such
spiling and dripping, such as, without limitation, placing plants within the aparments
and lanai areas in appropriate planters or containers when watering plants and properly
maintaining air-conditioning unts. When watering lanai plants, residents must contain
over-spil to their own lanai. Water shall not be left rug an uneasonable lengt of
time.
9. Disposal of Waste. Kitchen garbage disposals shall be utilzed for disposing of soft food
waste only. All other wastes shall be placed in the designated refuse areas. Trash
containing food shall be securely wrapped before being placed in a trash bag. All
garbage, rubbish and other trash shall be disposed of only in trash bags securely tied.
Such trash bags shall be placed only in areas provided for trash removal and must be
hidden from public view. The trash chute shall be used by occupants for disposal of trash
that wil easily fit within the trash chute. Trash which does not easily fit inside the trash
chute shall be placed in the ground floor trash bin
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10. Right of Entr in Favor of Association: Every aparent owner, tenant, or guest hereby
grants right of entr to the Managing Agent, General Manager and other persons
authorized by the Board, in the event of an emergency originating in or threatening such
aparment, whether or not such owner or occupant is present at the time. Unit keys must
be fushed to the General Manager if requested by either the Board or the Managing
Agent.
11. Use of Corrdors and Walkays: Aparment owners, tenants, and guests are not allowed
to use common areas such as corrdors or walkways for seating and storage. Corridors
and walkays are required to be unobstrcted at all times.
12. Fobs: The Fob assigned to each unt shall not be used by anyone other than the unt's
owner and/or tenant.
13. Feeding of Birds from the Lanais: There shall be no feeding of common birds from the
lanais. These birds may pose a health hazard.
14. Alcoholic Beverages: Except as to those times and places determed by the Board, the
consumption of alcoholic beverages is prohibited in the common elements ofthe Project.
15. Camping: No camping or use of
tents on the common elements of
the Project is allowed.
16. Throwing Objects. Nothing shall be thrown or permitted to be thrown from lanais,
windows, or any other par of an aparment. The throwing of firecrackers and the use of
fireworks of any kid anywhere in the Project is strictly prohibited at all times.
17. Barbecuing: No lanais shall be used for outdoor cooking. The only outdoor cooking shall
be allowed on designated gas barbecue unts on the Recreation Deck. Open fires,
including charcoal briquette fires, are not permitted in the Project.
SECTION 10 - GENERA RULES AND AESTHETIC CONSIDERATIONS
1. Cleaniness, Attractive Appearance of Aparments and Lanais: All owners and tenants are
responsible for the cleanliness and maintenance of their apartments and lanai areas. Said
areas shall be maintained in a neat, attractive and santar condition. No lanai shall be
used for the purose of storage of aricles of any kind. Only appropriate patio futue
and small plants shall be placed on lanais and no other objects or personal propert such
as refrgerators, exercise equipment, bicycles, surfboards, kayaks, canoes, boxes, or
crates shall be permitted thereon. Any items deemed unsightly by the Board or General
Manager, in their sole discretion, shall be removed, upon the request of the General
Manager. The storage of suroards, bicycles, packing crates, future (other than
appropriate lanai futue) and similar objects is strctly prohibited.
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2. Window Cleanng: All owners shall be responsible at such owner's expense for cleanng
all windows, which are accessible from the inside of the aparment or the lanai. All other
windows shall be cleaned by the Association as a common expense.
3. Maintenance of Lanais. Every aparment owner shall be responsible for the care and
maintenance of all lanais appurenant to such aparent owner's aparment; however, no
aparent owner may paint or otherwise decorate the walls, railings, or ceilings of such
lanais without the prior wrtten approval of the Board. Nothing, including clothing,
bedding or careting, shall be hung on or from windows or lanais for any purose, nor
shall clothing or laundr be hung in walkways or windows in such a maner as to be
visible from roadways, walkways, and common areas.
4. No sidewalks, passages, entry courts, walkways, drveways, and roadways shall be
obstrcted or used for any puroses other than ingress and egress. No rung, jumping,
skate boarding, bicycling, roller skating, or playing of any sort shall be allowed in the
common elements including, without limitation, the driveways, walkways and parking
areas of the Project; provided, however, that playing or recreational activities shall be
permitted only in designated areas withn the common elements..
5. Recycling: Recycle bins for plastic, newspaper, bottles, cans, etc. are located in the
parking garage. All recycling items shou1d be clean to prevent pests, and must be placed
in the recycling bins provided. Do not place recycling items on the floor or in
undesignated recycling bins if a recycling bin is momentarly unavailable on your floor;
go to the next available recycling bin on another floor.
personal propert including
6. No Objects to be Placed in the Common Areas: No items of
dry cleang, shoes or slippers at corrdors unt entries, baby carages, bicycles,
surfboards, packages, boxes or crates shall be left or allowed to stand on any of the
common elements of the Project, except as may be specifically permitted by the
Declaration, the Bylaws or these House Rules. Door sweeps designed to prevent noise or
odors from entering or leaving aparents are permitted only if they are not visible from
outside the unt. Aricles of any other kind left in any common area may be removed,
without notice, at the owner's risk and expense. Without limiting the generality of the
foregoing, no parking stall or any par thereof may be used to store or keep any of the
above-described personal property.
7. No Household Objects to be Placed Outside Aparments: Without limiting the generality
of the paragraph above, no garbage cans or household or commercial supplies shall be
placed outside any aparment or on any lanai in view of any other aparment owner,
except as the Board shall prescribe in wrting.
8. No Lanai Enclosure. The lanais may not be enclosed uness and until (i) the requirements
of the Kaka'ako Communty Development District Mauka Area Rules relating to the
addition of floor area have been satisfied; and (ii) such enclosure is approved by the
Board. The Board shall have the right to determine that no lanai shall be enclosed even if
the addition of floor area is allowed under the Mauka Rules.
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9. Sewer Lines: Owners and tenants wil not flush santar napkins, tampax, paper towels,
dental floss, grease or any other materials down drains or toilets, which may obstruct
sewer lines. In the event of an obstrction, the cost of clearing the line will be charged to
the owner from where the debris originated.
10. No items of personal propert, including, but not limited, to baby carages, bicycles,
surfboards (except in designated surfboard racks, if any), kayaks, canoes, packages,
boxes or crates shall be left or allowed to stand on any of the common elements. Aricles
of any kind left in any of the common elements shall be removed at the aparment
owner's risk and expense as directed by the Board or the General Manager.
11. No signs, signals or lettering shall be inscribed or exposed on any par of the aparment
including, but not limited to, the exterior door or walls of any aparent (other than the
aparent number), and no such items shall be placed on the Project grounds without the
prior wrtten approval of the Board of Directors; provided, however, that the Developer
or the real estate broker of the Developer may display signs for the sale of apartents as
provided in the Declaration. No images, pictues or signs, electronic or otherwse, shall
be permtted to protrude out of any window, any lanai or any other area of the aparment,
or the common elements. Notwthstanding the foregoing, the commercial aparments
shall be permitted to install signs pursuant to such rules as may be established by the
General Manager, uness they are affixed to a common element, in which case they must
be approved by the Board of Directors.
12. Unsightliness
a. No unsightliness within the public view is permtted within the Project. For this
purose, "unsightliness" means, but is not limited to, the following: laundry on
lines or reels; litter or trash containers except as specially allowed by the Board or
General Manager; inappropriate, broken, scared or offensively ugly futue or
plants on lanais; non-decorative gear, equipment, cans, bottles, ladders, trash,
boxes, barels, and other similar items stored or stowed in or on the walays and
other areas of the common elements and lanais; or reflective window tinting, or
unshaded or improperly shaded lights that create objectionable glare.
b. Window coverigs visible from outside the residential aparments shall be limited
to only blinds, drapes or shutters as may be approved by the Board from time to
time.
c. Textile items, including towels, bathing apparel and clothing, brooms, mops,
carons, and other objects, shall not be placed in windows so as to be in view from
outside the aparment or from any other aparment.
d. No garbage cans, household or commercial supplies, or similar aricles shall be
placed outside any aparment area or in a place where they can be seen from the
outside of any aparment, except as the Board may otherwse permit.
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SECTION 11- BUILDING REPAIRS, MAINTENANCE AND MODIFICATIONS
1. Repairs and Maintenance
a. Aparment Owner's Duty to Repair and Maintain: Every aparment owner shall
promptly perform all necessar repair and maintenance work within his or her
aparment, the omission of which would adversely affect any common element or
any other aparment, and shall be responsible for all loss and damage caused by
his or her failure to do so.
b. Repairs Inside of Aparments to be Owner's Expense: The repairs within each
aparent, including all plumbing and electrcal equipment, wiring and pipes,
telephones, doors, lamps, and other fixtues and accessories belonging to or
serving only such aparment, including the ceilngs, walls and floor coverings of
such aparment, shall be solely at the aparment owner's expense. Damage to any
other aparent(s) or the common areas caused durg the performing of such
repairs shall also be the responsibilty of the owner of the unt on which such
repairs originated.
c. Repairs Affecting Common Elements: Any repairs or maintenance, which may
affect the common elements, shall be performed by a licensed contractor and
require the prior wrtten approval of
the Board of
Directors or General Manager.
d. Signs: Except as permitted by the Board of Directors, owners or tenants shall not
place any signs in or outside of the building or in or anywhere upon the common
elements.
e. No Attachment of Objects to the Exterior Without Prior Board Approval: No
owner or tenant, except with the prior wrtten consent of the Board, shall permit
the attachment, hanging, projection or protrsion of any object, including
garments, wiring or other device for electrical or telephone installations, or other
equipment or appurenances on the exterior of the building or protruding through
the walls, windows or roof thereof. (Note: See Antenna Installation Policy
attached hereto with respect to installation of satellte television dish antennas).
f. No Roof Access: No person whatsoever (other than authorized tradesmen,
techncians and Association employees) shall be allowed on the roof of the
Project for any purpose.
g. Pest Control: Owners are responsible for controllng pests in their aparments.
Should any unt become infested with pests, the owner shall be required to rectify
the condition in a timely maner at the owner's own expense. Should the owner
fail to rectify the condition within a reasonable time following receipt of written
notice, the Association may retain a licensed professional to enter the unt to
perform necessar pest control treatment, and assess all costs incured in
connection with same against the violating unt owner.
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2. Modifications, Alterations and Additions:
a. Consent to Renovate (modify, alter or add to) Units: No structual changes of any
type or kind shall be permitted either within or outside an aparent except as
permitted by and in accordance with the Declaration, Bylaws, and applicable
statutes, ordinances, rules and regulations, governental determinations and
restrctions of appropriate agencies of the city, state, or federal governents. No
modifications, alterations and/or additions to any unt shall be made without prior
wrtten request to the Board of Directors and receipt of wrtten approval thereof.
Any damage to common areas or other unts, resulting from constrction within
any unt, shall be the sole responsibilty of the owner performing the constrction.
Notwthstanding any of the foregoing, physically disabled occupants shall be
permitted to make reasonable modifications to their aparents at their expense as
are necessar to enable them to use and enjoy their aparments. To the extent such
modifications encroach on the common elements, advance wrtten consent of the
Board of Directors shall be requied, and must be performed by a licensed
contractor as a condition of any approval. The Board of Directors shall not
uneasonably withold consent for accommodations requested by physically
disabled residents.
b. Plans and Specifications: To the extent any modification is of a type which
requires approval by the Board of Directors, presentation of plans and
specifications prepared by a registered architect or engineer for the alteration of
an aparment may be required as a condition of any approval.
c. Removal of Unauthorized Work: The Board of Directors may inspect any work
and may order removal of any work at the owner's expense which has not been
approved or which may adversely affect the common elements or the unform
exterior appearance ofthe Project.
3. Unit Modification, Alteration and Addition Procedures:
A unform exterior appearance of the building must be maintained. If an owner plans to
alter the unt, and such alteration involves a proposed structual modification, any change
to the common elements, affects the unform exterior appearance of the project, and/or
potentially impacts adjacent unts, the owner must request approval from the Board of
Directors and provide the Board of Directors with detailed plans and specifications and
supplement any submittals with additional information as the Board of Directors may
direct. At a minimum, any owner submittal must include:
a. Plans, drawings or blue prints for the purose of the modification and/or
alteration, including the type of materials used (For hard surface flooring --- the
drawings must identify all materials, their composition, thickness, color and brand
name).
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b. Electrcal, plumbing and/or mechancal drawings depicting curent existing items
and any revisions thereto, as applicable.
c. If any strctual element, plumbing, piping, electrcal circuitr, or exterior wall of
the building, which are common areas, are to be fastened to, or changed in any
way, it must be noted explicitly thereon.
d. A statement, signed by both the owner and contractor, verifying:
1. They have read, and agree to abide by, the provisions in the House Rules
relating to maintenance and remodeling, and
11. The expected date of completion.
e. After wrtten notification of approval by the Board of Directors, the owner must
proceed as follows:
1. Obtain a Building Permit and other required approvals from City and
County of Honolulu and provide a copy of the Building Permit to the
General Manager.
11. All work must be performed by a licensed and insured contractor.
iii. Notify the General Manager when alteration work is to be initiated.
the project must be achieved after work is intiated,
and the General Manager must be notified when all work is completed.
iv. Dilgent completion of
v. All work must be done between the hours of 8:00 a.m. to 5:00 p.m.,
Monday to Satuday (holidays excluded). Reservations for the use of
elevators to move large appliances and materials must be made through
the General Manager. Contractors are required to place protective covers
the project.
on hallway carets until completion of
Vi. Building materials are not to be stored on common grounds or parking
areas by the contractor. All debris, left over materials, etc., must be hauled
away by the contractor, and not placed in Association waste receptacles.
vii. No work may be performed in the common areas. The owner wil be
responsible for the cost of repairing any damage to the common elements
resulting from owner modifications and/or alterations. Any other damage
or problems caused by the owner or retained contractor wil be the owner's
sole responsibilty.
4. Upon completion of the aparment modification and/or alteration, the owner shall record
in the Bureau of Conveyances of the State of Hawaii an amendment to the condominium
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fie plan and 909 Kapiolan Declaration to reflect any modifications to the layout of the
owner's unt, as may be applicable.
5. Procedures for Hard Surface Floor Approval:
a. The owner of any unt wishing to install a hard surface floor must submit to the
Board of Directors wrtten plans, specifications and noise mitigation measures
regarding the flooring. The Impact Isolation Class (LIC) of the requested flooring,
underlayment and method of constrction selected must have a minium rating
of IIC-60 listed in its specifications. Submitting a request for approval is for the
purose of documenting the location and design of any hard surface flooring
that such floorig is designed and
withi 909 Kapiolan in order to ensure
installed in a maner that mitigates the transmission of noise and is installed in a
professional maner and in accordance with applicable standards.
b. Installing a hard surface floor without obtaining prior wrtten approval from the
Board of Directors shall constitute a violation of these House Rules, and subject
the violating owner to all remedies legally available to the Association uness and
until such violation is remedìed with the approval of the Board of Directors.
c. Approval of the Board of Directors is not an assurance or guarantee that noise will
not be transmitted to other unts. If, followig installation of any such hard
surface floor, the owner of the unt located beneath such installation lodges a
reasonable and verifiable complaint with the Board of Directors concerning the
sound impact of such flooring, it shall, upon notice from the Board of Directors,
and in the Board's sole discretion, either be removed, or at least (80%) ofthe hard
surface flooring with such owner's unt be covered with careting to mitigate
the noise impact to the complainng owner. The failure of the owner to comply
with a wrtten directive from the Board of Directors to remove hard surface
notice shall constitute a violation of
these House Rules and subject the violating owner to all remedies provided by
909 Kapiolan's governng documents or applicable law.
flooring within sixty (60) days after receipt of
SECTION 12 - COOPERATION WITH SECURITY AND EMPLOYEES
1. Maintenance Employees of the Association: Maintenance employees of the Association
are under the direction of the Managing Agent, General Manager and the Board. Durng
prescribed hours, they shall in no case be diverted to the private business or employment
of any owner, occupant, tenant or guest. No owner, occupant tenant or guest shall request
a maintenance employee to leave the common elements while on-duty for the
Association. Association maintenance employees may not perform unauthorized repairs
outside of their scope of their duties for the Association.
a. Cooperation with Employees. The maintenance employees or contractors of the
Association or the General Manager, in wil use every effort to maintain the
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grounds effectively. Nevertheless, these employees or contractors are not
available on a 24 hour daily basis, and much of their work must be devoted to
regular maintenance and repair, as directed by the Board or the General Manager.
Accordingly, and in the common interest of all concerned, each apartment owner
and occupant shall do his or her par towards abating unsightliness within the
Project to the fullest practicable extent.
b. Control of Employees. Maintenance employees or contractors of the Association
are under the sole discretion of the Board and the General Manager and durg the
prescribed hours of work they shall not be diverted to the private business or
employment of any aparent owner or occupant. No maintenance employee or
contractor shall be asked by any apartment owner or occupant to leave any
portion of the common elements.
c. No Responsibilty to Clean Aparents. The cleanng of each aparent and the
limited common elements appurenant thereto, including any assigned parking
stall is the sole responsibilty of the aparment owner and occupant.
2. Fire and Other Emergency: If the imediate service of the police, fire, paramedics,
ambu1ance or doctor is required, notify Security immediately and the appropriate agency
should be called directly. Any emergency, paricularly such emergencies as flooding, fire
and theft, should be brought to the immediate attention of the Managing Agent, General
Manager or any Securty personnel on duty.
3. The Association contracts with a private company for 24-hour Securty personneL. All
owners and occupants, and their guests, are to cooperate with securty personnel in the
performance oftheir duties, in a coureous and polite maner.
4. Under the supervision of the Board, the maintenance of common elements is the
responsibilty of the General Manager. Defects and deficiencies should be reported by
aparment owners and occupants when and as observed. Maintenance of individually
owned aparments and limited common element(s) appurenant thereto, including lanais
and all windows, doors (including hinges, locks and door closures, if any) is the
responsibilty of the respective aparment owners.
SECTION 13 - VIOLATIONS OF THESE RULES
1. Reporting Violations and Damages:
a. Reporting of Violations: All corrective actions regarding violations of the House
Rules and damages to the common elements or common areas wil be enforced by
the Board and should be reported promptly to the Board, the Managing Agent,
General Manager or any Securty personnel on duty.
b. Damage to Common Areas: Damages to common elements shall be surveyed by
the General Manager at the direction of the Board of Directors and the cost of
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repair or replacement and any legal fees incured may be assessed by the Board
against the person or persons responsible, including, but not limited to any
aparment owner for damages caused directly or indirectly by his tenants or such
aparent owner's or family members, domestic Agents, or guests.
. c. The violation of these rules and regulations shall give the Board, the General
Manager, or the Managing Agent or Agents the right to enter the aparment and/or
limited common elements in which, or as to which, such violation of a breach
exists and to sumarly abate and remove, at the expense of the defaulting
aparent owner (whether or not caused by the aparment owner) or by person for
whose conduct the aparment owner may be responsible. The Board or Managing
Agent, General Manager or their Agents shall not thereby be deemed liable for
any maner of trespass.
d. Right to Institute Legal Proceedings: In the event of an action to 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 attorney's fees
shall be borne by the defaulting aparment owner (whether or not caused by the
aparent owner or by any person for whose conduct the aparent owner may be
responsible).
SECTION 14 - FINE SCHEDULE AND PROCEDURS
A violation of the Declaration, By-Laws, or these House Rules by an owner or anyone
using the propert under an owner, will give the Association the right, in addition to any
other rights or remedies, to levy a fine against the responsible owner. Pines duly imposed
by the Board or its Agent but unpaid wil ran first in the priority of payments and may
cause an owner's account to become delinquent for payment of common expenses. If
waranted, unpaid fines may constitute a lien on the aparment that may be foreclosed
upon in like maner as a lien for unpaid common expenses.
The Managing Agent and his!her staff, or any duly authorized Agent of the Board of
Directors, such as the General Manager and/or building secunty officers, is authorized to
issue verbal or wrtten warng notices and wrtten citations levying fines. The Board of
Directors establishes the following fining procedure:
1. General Provisions: This fining procedure shall be applicable to all 909 Kapiolan
owners, occupants, tenants and guests on the propert. If any owner, tenant, or guest fails
to comply with any of the provisions of the House Rules, a fine maybe imposed pursuant
to the guidelines set forth herein~
2. Responsibilty for Pines: All owners are responsible for the actions and behavior of their
tenants and guests and for payment of all fines levied.
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a. All owners are responsible for the payment of any expense that maybe incured
by the Association due to a violation of any House Rule by that owner, the tenant
or their guests. All owners are responsible for the violations committed by their
tenants even if the tenants have vacated the building.
b. Unpaid fines and/or associated costs shall constitute a lien against the owner's
interest in any such unt, which may be foreclosed upon by the Association. The
owner will also be responsible for all collection costs, including attorney's fees.
3. The Board or Managing Agent may impose fines and/or penalties for violations of law
and/or of the Project Documents. The person fined or penalized shall be advised of the
basis for any fine or penalty at or prior to the time it is imposed.
4. Any fine or penalty shall be in addition to any other right or remedy available to the
Association. The imposition of a fine or penalty shall not constitute an election of
remedies, and the Association may also exercise additional rights and/or remedies.
5. Except as indicated below for renting out an aparent for fewer than 30 continuous
days, citations and fines shall be as follows:
a. First offense--a wrtten citation shall be given or sent to the aparment owner.
b. Second offense--a wrtten citation shall be given or sent to the aparment owner
and a $50.00 fine shall be assessed against the aparment owner.
c. Third offense--a wrtten citation shall be given or sent to the aparment owner and
a $100.00 fine shall be assessed against the aparent owner.
d. Fourh and subsequent offenses--a wrtten citation shall be given or sent to the
aparment owner and a $200.00 fine shall be assessed against the aparment
owner.
6. Second, third, fourth, and subsequent offenses need not be for a violation of the same
provision before a fine is imposed. For example, if a tenant violates a "Pool" rule for his
first violation, and then violates a "Noise" rule for his second violation, the fine wil be
imposed on the owner when the second violation occurs. It is not necessar for a tenant to
violate a specific rule, such as "Noise" rule, twice before a $50.00 fine is levied.
Similarly, a $100.00 fine will be assessed for a third violation of the house rules and a
$200.00 fine wil be assessed for a fourh and subsequent violations of the project
documents, even if the violations are not the same
7. Regardless of the above schedule, the following schedule of fines and citations shall
apply to an aparment owner who rents his aparment for fewer than 30 continuous days:
First offense a wrtten citation given or sent to the aparment owner. Second and
subsequent violations of that same restriction --a wrtten citation given or sent to the
aparment owner and a fine of$I,OOO.OO for each citation issued for that same offense.
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8. In the case of a fine against an owner's tenant, both the tenant and the owner shall be
given notice and an opportty to be heard, in accordance with Hawaii Revised Statutes,
Section 5148-1 04(b )(2), before any proposed fine shall be finally levied against the
tenant; provided that the unt owner shall be responsible for the conduct of the tenant and
for any fines levied against the tenant and/or any legal fees incured in enforcing the
Project Documents against the tenant.
9. Penalties may include the loss of any privilege.
10. The reasonable costs and expenses of enforcing the Project Documents, including
attorney's fees and costs, shall be charged to the account of the owner whose unt is
involved in the violation of the Project Documents and/or to any other responsible
person.
11. Any person aggreved by the imposition of any fine may appeal to the Board, as follows.
If the fine is paid, the person fined may exercise such remedies as may be allowed by
law, including those specified in H.R.S. Section 514BI04 (a) (11).
Directors
may be appealed to the Board of Directors in writing received within foureen (14) days
12. Any decision or action of
the Managing Agent, Resident Manager, or Board of
of the date of issuance of the wrtten citation or letter advising as to the violation. The
Board will consider an appeal at the next regular Board meeting that follows receipt of
the appeal by no less than five (5) days. An owner who has submitted a written appeal in
accordance with this paragraph may appear at the Board Meeting upon which the appeal
is to be considered, and present evidence to the Board in support of the appeaL. Any
owner desirng to present evidence in support of an appeal at a Board Meeting should
contact the Propert Management Company in advance of the meeting, and request to be
placed on the meeting agenda. The Board of Directors wil notify the aggreved par in
wrting within foureen (14) days of its Meeting, of its decision on any appeal, and such
decision shall be finaL.
SECTION 15 - RECREATION DECK AND EXERCISE ROOM
1. Any aparment owner or occupant wanting to use the recreation and barbeque areas or the
multipurose room of the Project for private paries may make a wrtten request to the
General Manager. The decision to allow the reservation shall be subject to guidelines
adopted by the Board from time to time and shall be implemented by the General
Manager. For fuctions involving more than six (6) persons, advance reservation shall be
required. A wrtten request form is available in the General Manager's offces. The
written request must be provided to the General Manager no less than three (3) workig
days, and no more than (60) calendar days prior to the scheduled fuction date.
2. If the sponsoring owner or occupant intends to serve or have available alcoholic
beverages at such par then in addition to any other guidelines adopted by the Board, the
owner must provide evidence of appropriate and adequate liabilty insurance coverage for
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such scheduled fuction, including liquor liabilty, naming the Association as an
additional insured thereunder.
3. The General Manager shall collect a $100 reservation deposit (or other amount as may be
determined by the Board from time to time) for the use of recreation and barbeque area or
room. The deposit will be retued to the aparment owner or occupant who made the
reservation provided the areas or room are left in a clean and undamaged condition
4. The lap pool, whirlpool spa, barbecue areas, and recreation deck area may be used
between the hours of 6:00 a.m. and 10:00 p.m. daily.
5. Swimming is permitted only in appropriate bathing attire. No nude sunbathing is
permitted.
6. There will be no lifeguard at the pooL. Therefore, anyone using the pool does so at their
own risk and is fully responsible for his!her own safety. Parents are responsible for their
children's safety at all Recreational Facilties and common area.
7. Showering before enterig the pool or spa is required. The shower for the pool is located
on the recreation deck area. All suntan oil, dirt, and other such materials must be removed
before entering the swiing pool or spa. Runng, jumping off walls, and horseplay are
not permtted in the pool and adjacent areas. Splashing of water other than that
accompanying normal swimming is not permitted.
8. Swimmers must dr themselves before leaving the pool area.
9. No glass items of any kind, food, beverages (other than water), toys, diving equipment, or
similar items. shall be permtted in the pool or adjacent areas. The introduction of sand,
rock, or other foreign matter in the swimming pool is strctly prohibited and wil resu1t in
immediate eviction therefrom.
10. No anmals (except for certified seeing-eye dogs, certified signal dogs, and certified
service dogs accompanying a disabled person authorized to and using the Facilties) are
allowed in or around the Recreational Facilties.
11. Children under twelve (12) years of age must be supervised by a responsible adult at all
times when using the pool or spa uness the child is a competent swimmer. A child's
parent or guardian shall be responsible for determning if the child is a competent
swimmer.
12. Eating, drinkng of beverages (including alcoholic beverages in moderation) and
picnicking shall be allowed in the barbeque areas and designated areas only. The use of
hibachis, barbeques grills, and other open-fire cooking equipment is strictly prohibited in
all areas except the barbeque area and only on barbeque equipment provided by the
Association.
13. Climbing of walls, trees, fences and other common elements is prohibited.
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14. The following rules apply to the Exercise Room:
A. All those using the exercise room do so at their own risk. The association is not
responsible for injures or accidents. Persons who are not using the equipment,
spotting others, or waiting for the equipment to become available, should not
occupy the room.
B. Use of the Exercise Room is limited to registered residents who are 18 years of
age or older. All persons using the Exercise Room must sign the log book with
their name and unt number. Non-Residents and persons under 18 years of age
are not allowed in the weight and fitness rooms.
C. Profanty or excessively loud or suggestive language will not be tolerated.
D. All users are required to bring a clean towel to use on the weight equipment, and
to wipe down cardiovascular equipment. (Coverig the padded equipment with a
towel nelps prolong the life of the equipment and keeps everyhing clean for the
next user.)
E. Rubber soled shoes that cover the entire foot must be worn at all times. For health
and safety reasons, sandals, spiked shoes, work boots and slipper tyes of shoes
are not permitted.
F. Shirts must be worn at all times. Bathing suits and jeans are not permitted in the
fitness room.
.G. No foods, tobacCo of any kind, chewing gum, glass bottles, or cans are allowed. If
you wish to car a beverage with you, it must be water in a plastic container with
a lid/cap. NO GLASS is PERMITTED IN THIS ARA.
H. Retu the weight plates and dumbbells to the racks provided. Dropping,
slaming, or bouncing of weights (both with free weights or selectorized weight
training equipment) is prohibited.
i. Please allow others to "work in" (share) the fitness equipment in between sets.
J. Cardiovascular equipment use is limited to 30 miutes when people are waiting.
K. Using a spotter when lifting weights is recommended. The fitness room is not
supervised and you are exercising at your own risk.
L. Management is not responsible for personal belongings lost or stolen in the
facilty.
M. Please keep TV or stereo to a reasonable volume leveL. Personal radios,
DVD/CD/Tape/IPOD's are not allowed uness used with a headset. Use of cell
phones within the Exercise Room is prohibited. If you receive a call while in the
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Exercise Room, you may answer it if you conduct the conversation outside the
Exercise Room.
N. Please report any equipment problems immediately to the manager's office or
securty.
O. Failure to follow these rules will result in the loss of exercise room use.
P. No anmals (except for certified seeing-eye dogs, certified signal dogs, and
certified service dogs accompanying a disabled person authorized to and using the
Facilties) are allowed in the Exercise Room.
SECTION 16 - RESIDENT EVACUATION PLAN
In the event that the building must be evacuated, residents are to.use the stairwell closest
to their unt uness blocked or otherwse inaccessible. Residents should proceed to the
Diamondhead/akai comer of Kapiolan Boulevard and Ward Avenue, and cross over to
the parking lot of the Neal Blaisdell Center, and remain there until instructed to retu to
the building.
Any resident needing special assistance shall advise the General Manager, so that a roster
may be kept, for use by first responders, of persons who may need assistance exiting the
building.
SECTION 17 -AMENDMENTS
In accordance with the Association's Declaration and By-Laws, these rules and regulations may
be amended or altered only by a majority of the Board of Directors of the Association of
Aparent Owners of 909 Kapiolan, at a duly called Meeting of the Board.
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Pursuant to the By-Laws of
the Association of Aparent Owners of
909 Kapiolan, these
House Rules are hereby adopted by the Board of Directors of the Association of Aparment
Owners of 909 Kapiolan as of the 16th day of March, 2011, to be made effective and enforceable
as of April 15,2011.
Board of Directors of Association of
Aparment Owners of 909 Kapiolan
By
~r:. fi~
Scott i. Batterman
Its President
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