Ke Nani Kai House Rules

Ke Nani Kai~ House Rules

(REVISED MARCH 28, 2002)

The purpose of the Rules and Regulations is to promote the harmonious occupancy of the

condominium apartments and to protect all occupants from annoyance and nuisance caused by

improper use of the condominium apartments and also to protect the reputation and desirability

there of by providing maximum enjoyment of the premises.

The Board of Directors has the responsibility to make such other rules from time to time or to

amend the foregoing rules as may be deemed needed for the safety, care and cleanliness of the

premises and for securing the comfort and convenience of all occupants.

The Board of Directors and/or Managing Agent have the full authority and responsibility of

enforcing the House Rules. The rules and standards shall bind all owners, occupants, tenants

and their guests of reasonable conduct.

Each apartment owner who leases an apartment to a tenant will ensure that a copy of these House

Rules is attached as an exhibit to the rental agreement.

I. OCCUPANCY

1. An apartment shall be used only as a residence and shall not be used for business or other

purposes.

2. An apartment owner shall be responsible for his/her own conduct and the conduct of any

occupants of his/her apartment ensuring that their behavior is neither offensive to any occupant of

the building or damaging to any portion of the common elements. No recreational activity shall be

allowed in corridors, stairway or the parking lot.

3. Except as otherwise provided in Article VI, Section 9 of the First Restatement of the by-

laws, “No dogs, cats and other household pets, livestock, poultry, rabbits or other animals

whatsoever shall be allowed or kept in any part of the project nor allowed on common elements.

Provided, however, that existing pets shall be grand fathered in accordance with Chapter 514A,

Hawaii Revised Statutes”. Notwithstanding any other provision herein, visually impaired persons

may keep guide dogs in their apartments; hearing-impaired persons may keep signal dogs in their

apartments and keep service animals in their apartments. As used herein, “guide dog” means any

dog individually trained by a licensed guide dog trainer for guiding a blind person by means of a

harness attached to the dog and a rigid handle grasped by the person; “signal dog” means a dog

that is trained to alert deaf persons to intruders or sounds; and “service animal” means an animal

that is trained to provide those life activities limited by the disability of the person. None of the

provisions herein are intended to interfere with the use and enjoyment of any apartment or the

project by handicapped/disabled person. None of the provisions here will be enforced in any

manner that will violate the provisions of the Fair Housing Amendments Act of 1988 or Chapter

515, Hawaii Revised Statutes.

II. TEMPORARY OCCUPANCY

1. Hawaii State law requires that each owner, if not present within the State of Hawaii for a

period of more than 30 days and is leasing or renting his unit shall be responsible for designating,

in writing, a local agent to represent his interest. Such owner shall file with the Manager their out-

of-state address and telephone number and that of their agent.

2. Subject to the terms of the By-Laws of the Association an apartment owner may lease his

apartment or make it available to friends. However, the persons leasing, assume responsibility for

the occupant’s conduct. The owners must notify the Manager of the names and length of

anticipated occupancy of all such occupants. Any and all occupants who will be residing at the

property must register in person with the Manager (Front Desk) and check-in and upon departure.

3. An apartment owner or agent, as applicable, shall be responsible for the conduct of his

lessee(s), renter(s), or guest(s) and shall, upon request of the Board of Directors or Managing

Agent, immediately abate and remove, at his expense, any structure, thing or condition that may

exist with regard to the occupancy of this apartment by his lessee(s), renter(s) or guest(s) contrary

to the provisions hereof. If the apartment owner or agent is unable to control the conduct of the

lessee(s), renter(s) or guest(s), he shall, upon request of the Board of Directors or Managing

Agent, immediately remove such lessee(s), renter(s) or guest(s) from the premises, without

compensation of lost rentals or any other damage resulting there from.

III. COMMON AREA, ENTRANCES, AND LANAIS

1. The grounds, walkways, stairways, building entrances, driveways and other similar common

elements shall be used strictly to ingress to and egress from the parking and apartment areas and

must be at all times kept free from obstruction. No recreational activities shall be allowed in

corridors, stairways or the parking lots. No personal property shall be stored on corridors or on

the stairway of common areas.

2. Lanais may be furnished appropriately with chairs, lounges, and appropriate tables and

potted plants only. These furnishings must be kept in a clean and orderly manner. Swings may

not be attached to building. Bicycles, surfboards, and other materials shall not be kept on the

lanai. A table umbrella of neutral color may be allowed but shall not exceed the size of the table

and shall not extend beyond the lanai. The umbrella must be removed from the lanai when the unit

is unoccupied more than 24 hours.

3. Items, such as towels, bathing apparel, clothing, brooms, mops, etc., shall not be placed or

hung on lanais, shrubs, or passageways or in windows which may allow the objects to be viewed

from the outside of the building or from adjacent apartments. Flags and windsocks are allowed but

must be in good condition and removed from the lanai when unit is unoccupied.

4. All plants must be placed in containers so as to prevent the drippings of water or soil onto

other apartments or the common elements. Care should be taken in scrubbing lanais so as to

minimize water from running down the exterior of the building or onto the unit below.

5. Nothing shall be released or thrown from lanais, windows and entrance balconies.

6. All household trash must be deposited, wrapped or bagged, into the dumpsters provided.

All boxes are to be flattened. Construction debris prohibited.

7. No fires or open flame, braziers or cooking shall be permitted on any apartment lanai. (See

Section IV.12 for outdoor cooking rules)

8. There is NO shooting of fireworks of any type at any time or anywhere on the premises.

9. Garments, rugs, mops or other objects shall not be dusted, shaken or hung from buildings.

Dust, rubbish or litter shall not be swept or thrown from any apartment, lanai, balcony, etc., onto

any part of the project.

10. Moving of large items to or from units shall be coordinated through the Manager. Any

damage to the building caused by moving of furniture, trade fixtures, inventory or personal affects

shall be repaired at the expense of the owner on whose behalf such moving is being done.

11. Recreational or personal use vehicles including bicycles and golf carts shall not operate

on walkways, sidewalks or lawns. The Association or Resort work carts are considered project

business use vehicles.

12. Skateboards and roller-skates, roller blades and “Razor” style scooter are prohibited

anywhere on the property.

13. Each apartment occupant shall be held personally responsible for any damage or

destruction to any common element caused by himself, his children, his guests, his employees or

any other occupants of his apartment.

14. Surfboards and bicycles shall be stored inside the apartments or storage areas provided,

but not in any of the common elements of the project.

15. None of the project’s landscaping is to be removed, picked or transplanted by any

resident or guest or their contractor. Owners may, with the Manager’s permission, make small

conforming plantings outside the lower units only, as well as minor trimming of such.

16. The Resident Manager has a copy of the approved design for lanai screens which are the

only screens which may be utilized on the property

IV. RECREATIONAL AREAS

1. Use of the recreational areas and facilities is limited to Ke Nani Kai owners, tenants and

their guests. No apartment owners or tenant may allow their nonresident guest to utilize the any

pool, spa, tennis courts or barbeques without accompanying the guest or personally registering

the guest at the Front Desk. It is a violation of this rule to permit anyone not described above to

use your key to enter the pool enclosure.

2. Non-resident guests will be limited to a total of four (4) persons per one-bedroom apartment

or six (6) persons per two-bedroom apartment for use of any recreational area, unless prior

arrangements are made with the Manager. Unauthorized persons will be required to vacate the

pool and pool area.

3. Pool area hours are from 8:00 a.m. to 10:00 p.m. There is no lifeguard on duty. A

competent swimmer should accompany all non-swimmers. All persons swim at their own risk.

4, Swim goggles, fins and snorkel masks are allowed in the pool. No balls, toys, mats, boards

or scuba gear are permitted. No floatation devices, with the exception of “noodles”, shall be

allowed in the pool unless needed for either health and/or safety reasons. Water “wings” and

vests for small children may be used under adult supervision only.

5. No people under the age of 14 are allowed in the pool, spa or recreation area without adult

supervision. Supervised people under the age of 14 may use the spa until 7:00 p.m. The spa will

be open only to people over 14 years of age after 7:00 p.m.

6. No rough play or behavior annoying to others in the pool area will be allowed. The

Manager or his representative may ask offenders to leave the pool area.

7. No person with bandages or open wounds, infections or communicable diseases may use

the pool or spa.

8. No items made of glass shall be permitted in the swimming pool and tennis areas. All food

is to be consumed in the covered picnic area only.

9. All swimmers must shower before entering the pool or spa. Proper swimming attire is

required. No cut-offs, jeans, etc. Children who are not toilet trained, must wear diapers designed

specifically for swimming.

10. The posted pool, spa and tennis signs are an extension of the House Rules and shall be

adhered to at all times. The spa is not to be used as a swimming area. No diving, jumping or

diving under the surface will be allowed in the spa. No toys, masks, etc., are allowed in the spa.

11. Use of all facilities are on a first-come, first-serve basis.

12. Owners, tenants and guests are allowed to use the permanent barbecues provided by the

association in designated areas. No personal barbecues, braziers, hibachis or open flame fires

are allowed.

13. Tennis shoes or sneakers are to be worn on the tennis courts.

V. PARKING AREAS

1. Damage to vehicles, other objects or common areas shall be the responsibility of the

person causing the damage.

2. No vehicle belonging to a unit owner, or to a member of the family or guest, tenant or

employee of a unit owner, shall be parked in such a manner as to impede or prevent ready access

to any entrance or to any exit of the buildings or walkways.

3. No vehicle shall take up more than one (1) parking space.

4. Vehicles will be limited to no more than five (5) miles per hour while on the project. Drivers

are expected to observe traffic signs for the safety of all.

5. Any non-owner automobile left unattended (stored) in the parking lot for a period of

fourteen (14) days or longer, without the Manager’s approval, may be removed from property with

all incurred charges to be paid by the vehicle owner, including storage.

6. Stored vehicles (vehicles parked for 14 days or longer) may be parked at owner’s risk in

areas designed by the Resident Manager.

7. No repairs to automobiles, motorcycles or mopeds are permitted in the project without the

prior consent of the Manager.

8. All vehicles parked in the parking areas must be in operating condition. Vehicles in

violation of this will be removed from property with all incurred charges to be paid by the vehicle

owner, including storage.

9. Vehicles, other than maintenance, are prohibited from driving or parking on landscaped

areas.

10. Parking is limited to a maximum of two (2) vehicles per occupied unit.

VI. NOISE

1. All noise from whatever source shall be controlled so it shall not disturb or annoy other

residents. All residents shall maintain quiet from 10 p.m. to 8:00 a.m. seven days a week.

2. No construction noise is allowed before 8:00 a.m. or after 5:00 p.m. daily, weekends or

Holidays unless specifically authorized by the Board of Directors.

3. No racing of motors is permitted and all vehicles must be equipped with “quiet” mufflers.

VII. BUILDING MODIFICATIONS

1. There are to be no modifications to the exterior of the buildings such as louvers and

skylights without Board of Directors approval. Requests for any exterior modifications, including

lanais, shall be addressed to the Board of Directors complete with supporting data such as

specifications and drawings. The Board will make determination as to need for a vote of all owners

as specified in the by-laws on the requested modification.

2. Except for any of the items provided with the apartment by the developer, no awning,

except a specific design approved by Board, venetian blinds, window guards, radio or television

antenna, etc., shall be attached to or hung from the exterior of any building or protrude through

the walls, windows or roof thereof.

3. No notice, advertisement, bill, poster, illumination or other signs shall be inscribed or posted

on or about the project unless approved in writing by the Board of Directors.

4. The side of all draperies, blinds, or curtains placed against the windows, doors or openings

facing toward the exterior of the building shall be white or off-white. “Looped” drapes or curtains

that hang below the door or window frames are not in conformity and are not allowed.

5. All outdoor lanai tiles must be of neutral tones and must be reviewed and approved by the

Resident Manager prior to installation.

6. Nameplates and names of owners may be displayed but only in the form and at such place

as are approved by the Board of Directors.

VIII. MAINTENANCE

1. Common Elements

Under the supervision of the Board, the maintenance of common elements is a responsibility of the

Manager; defects and deficiencies should be reported when and as observed.

2. Apartments

Maintenance of individually owned apartments, including lanais and all windows, doors (including

hinges and door closures, if any) is the responsibility of their respective owner and/or occupants.

3. Pass Key

The Board of Directors, the Managing Agent or Manager, will retain a passkey to each apartment

unit. If the lock to an apartment is to be changed or dead bolt installed, the Manager shall be

notified and the new lock shall be of a type that can be opened by the Manager’s key and/or a

duplicate key that will be maintained by the Manager in a secure location. Keying arrangement

should conform to Hawaiian Condominium Law.

IX. GENERAL PROVISIONS

1. Furniture, furnishings and equipment for the common elements have been provided for the

safety, comfort and convenience of all residents and guests of the residential apartments and

therefore shall not be altered, extended, removed or transferred to other areas without permission

of the Manager.

2. All trades-people, contractors, etc. will check in with the Manager or Front Desk upon

initiation and completion of a project. They must receive and adhere to the written contractors

rules and policies, which are considered part of the House Rules.

3. House telephones are the property of the Association and shall not be removed from the

project. The Board of Directors regulates “use of service” fees that will be charged for these

telephones.

4. If the immediate services of the Police Department, the Fire Department, an ambulance or

doctor are required, the desired agency or person should be called directly. Any emergency,

particularly such emergencies as flooding, fire, theft, etc., should be brought to the immediate

attention of the Manager.

5. The Managing Agent, Board of Directors and/or Manager are not responsible for packages

or other deliveries left unattended at the door or any other designated place on the Project, nor

for any personal property placed or left in or about the common area. Each owner or tenant shall

arrange for delivery of non-mail parcels or items at their respective apartments.

6. Mail, other than first class, will not be forwarded except at owner’s expense. Mail will not be

retained at property over thirty (30) days unless prior approval has been obtained from the

Manager.

7. No charitable or commercial soliciting shall be permitted in the project.

8. All radio, television or other electrical equipment of any kind or nature installed or used in

each apartment unit shall fully comply with all rules, regulations, requirements or recommendations

of the public authorities having jurisdiction and the apartment owner alone shall be liable for any

damage or injury caused by such equipment.

9. Nothing shall be allowed, done or kept in any apartment unit or common area on the project

which would overload or impair floors, walls or roofs thereof or cause insurance premium increase

thereon maintained by or for the Association. Owner shall be responsible for any monetary

damages caused, nor shall any noxious or offensive activity or nuisance be made or suffered

thereon.

10. All personnel are to be directed solely by the Managing Agent and/or the Manager, during

prescribed working hours, and may not be diverted to the private business or employment (on or

off the premises) of any owner, occupant or guest.

11. All occupants will cooperate with and make access available to designated personnel

during the quarterly pest control spraying.

12. Waterbeds are prohibited.

13. Storage of any flammable or combustible materials is prohibited except in areas so

designated by the Board of Directors.

X. VIOLATION OF HOUSE RULES

1. The Manager is empowered, and it is his/her duty to enforce all rules. The Manager may

delegate members of their staff to enforce certain rules. They may call upon local enforcement

agencies for assistance whenever someone within the Project is disturbing others or misusing any

facility or common area.

2. Except for emergencies, all complaints should be in writing, signed and addressed to the

Manager. Suggestions are also welcome and should be directed to the Manager and/or the Board

of Directors.

3. Everyone on the project is governed by and shall observe all rules and regulations adopted

by the Board and shall comply with all requests in this respect made by the Manager.

4. Citations

Each citation issued shall briefly describe the nature of the violation; date of the violation;

apartment number; and name of parties involved, if known. The original citation shall be sent to

the apartment owner, who shall be responsible for payment of any applicable fine. If the owner of

the apartment is not an occupant, then copies of citations also will be sent to any offender who is a

tenant, or the guest, family member, agent or employee of a tenant; however, this shall not be

deemed a waiver of the owner’s responsibility for payment of any applicable fine.

5. Payment of Fines and Liability

Apartment owners shall be liable for their own fines, for fines assessed against their tenants and

for fines assessed against the owners’ and their tenants’ guests, family members, agents or

employees. Unless appealed as permitted below, a fine must be paid by the apartment owner, to

the Association within twenty (20) days after the fine is assessed; the fine shall be deemed a

common expense chargeable against the owner’s apartment. The Association may file a lien

against the owner’s apartment for the unpaid fines and may collect the unpaid fines under the

procedures provided in Article IV, Section 1 (1) of the By-laws for collection of delinquent

assessments.

7. Appeal of Fines

Any citation or fine may be appealed as provided in Article IV, Section 1 (1) of the By-laws.

8. Miscellaneous

The schedule of fines shall be sent to all owners of the project and shall be included in the

Association’s House Rules. The Board reserves the right to establish a new schedule of fines at

any time.

Note: Section X Item 7 and 8 miss numbered. To be corrected.

House Rules

HOUSE RULES 10-23-2009 CLARIFICATION

ABBREVIATED HOUSE RULES