Kalele Kai condominium - Hawaii Kai, Honolulu Hawaii USA
   
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House rules

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TABLE OF CONTENTS

     

INTRODUCTION

 

SECTION A: GENERAL

 

A1 Association disclaimer of authority

A2 Use limitation

A3 Complaints and suggestions

A4 Fireworks and firearms

A5 Registration

A6 Responsibility of owners

A7 Obstruction of ingress and egress

A8 Enforcement of House Rules

A9 Amendments to House Rules

A10 Use of units

A11 Structural changes and renovations

A12 Landscaping changes

A13 Maintenance requests

A14 Deliveries

 

SECTION B: UNITS

 

B1 Exterior surfaces

B2 Unit maintenance

B3 Nameplates

B4 Electrical equipment

B5 Noise

B6 Emergency services

B7 Package deliveries and personal property

B8 Clotheslines

B9 Plants and lanai care

B10 Hazardous substances

B11 Barbecues

B12 Draperies

B13 Pets

B14 Dusting and sweeping

B15 Balconies, lanais and verandas furnishings

B16 Refuse

B17 Boats and other navigable crafts and vehicles

B18 Smoking

 

SECTION C: COMMON ELEMENTS

 

C1 Solicitation

C2 Recreation and transportation equipment

C3 Sports activities

C4 Landscaping

C5 Ingress and egress

 

SECTION D: LIMITED COMMON ELEMENTS

 

D1 Liability for damage

D2 Boat moorings

 

SECTION E: PARKING

 

E1 Damage liability

E2 Vehicle repairs

E3 Conduct

E4 Wash area

E5 Storage

E6 Speed limit

E7 Parking stalls

 

SECTION F: POOL AND CLUBHOUSE

 

F1 Hours of use

F2 Pool rules and regulations

F3 Limitations and liability

F4 Conduct

F5 Responsibility

F6 Glassware

F7 Personal belongings

F8 Pets

F9 Noise

F10 Attire

F11 No lifeguard on duty

F12 Equipment

F13 Health requirements

F14 Sanitation requirements

 

SECTION G: DECLARATION OF KK CONDO REGIME

 

G1 Compliance

     

INTRODUCTION

The following rules and regulations (House Rules) have been approved by the Board of Directors (Board) of the Kalele Kai Association of Apartment Owners (Association) in accordance with the ByLaws of the Association of Owners of Kalele Kai (By-Laws) and the covenants, conditions and restrictions set forth in the Declaration of the Condominium Property Regime (Declaration). These House Rules are effective November 2004 and supersede any previous issues.

The Board has the authority and responsibility of amending the foregoing rules as may be deemed necessary, in order to upkeep the premises in good condition and to provide comfort and security to all its occupants.

The House Rules apply to all owners and occupants of Kalele Kai and to all other persons who are on the premises at any time, including agents, employees, guests, licensees, invitees, owners, and tenants.

The purpose of these House Rules is to protect all occupants from annoyance and nuisance caused by improper use of the residential condominium apartments and to protect the condominiums reputation and desirability by providing maximum peace and enjoyment on the premises.

The Resident Manager provides a copy of the House Rules to each owner and lessee before occupying an apartment. The terms of any written lease between an owner and lessee incorporate the House Rules by reference and require compliance with it.

SECTION A: GENERAL

A1 Association disclaimer of authority

Keys entrusted by a unit owner or occupant or by any member of his family or by his agent, servant, employee, licensee or visitor to the Board or the Managing Agent, whether for the unit owners or occupants unit or an automobile, truck or other item of personal property, the acceptance of the key shall be at the sole risk of the unit owner or occupant and the Board or the Managing Agent shall not be liable for injury, loss or damage of any nature whatsoever, directly or indirectly resulting therefrom or connected therewith.

A1.1 Lockout fees

A lockout fee of $10.00 will be charged for services rendered between 8:00 AM and 5:00 PM Monday to Friday and a lockout fee of $25.00 will be charged for services rendered between 5:00 PM and 8:00 AM. Saturday hours: 9 :00 AM 1:00 PM $10 lockout fee, after 1:00 PM and Sunday, $25.00 lockout fee.

A2 Use limitation

Nothing shall be allowed, done, or kept in any unit or common area of the Project, which would cause any increase in the ordinary premium rates or the calculation or invalidation of any insurance thereon, maintained by or for the Association, nor shall any noxious or offensive activity or nuisance be made or suffered thereon.

A3 Complaints and suggestions

Complaints and suggestions regarding the Project shall be made in writing to the Board or the Managing Agent.

A4 Fireworks and firearms

There shall be no shooting or use of fireworks of any type at any time in, from, or around any unit or the common or limited common elements except by special permission in writing from the Board. There shall be no shooting or use of firearms of any type at any time in, from, or around any unit or the common and limited common elements.

A5 Registration

The names and phone numbers of all tenants and business address, and phone numbers of all owners shall be given to the Managing Agent. This information shall be updated on an annual basis and/or as needed.

A6 Responsibility of owners

All unit owners are at all times personally responsible for the conduct of their family, guests, guests of their family, tenants and all occupants.

All occupants are at all times personally responsible for the conduct of their family, guests and guests of their family.

This responsibility extends but is not limited to any damage or destruction to common or limited common elements.

A7 Obstruction of ingress and egress

No persons shall place, store, or maintain on the road or premises any object of any kind to otherwise obstruct transit through any common element, or leave any personal belongings on any of the common elements.

A8 Enforcement of House Rules

A8.1 Authority to Enforce House Rules

The Board of the Association shall enforce the House Rules by delegating the responsibility of enforcement to the Managing Agent. The Resident Manager and Managing Agent are designated as agents of the Board of Directors for the enforcement of these House Rules.

The violation of any House Rules adopted by the Association gives the Board or its agent the right to take all necessary steps to abate, enjoin, or remedy such violation by appropriate legal means.

A8.2 Enforcement costs

In accordance with the By-Laws, the cost of enforcement is the obligation of the apartment owner. Additionally, Chapter 514A, Hawaii Revised Statutes, provides in part:

  • All costs and expenses, including reasonable attorneys fees, incurred by or on behalf of the Association for:
  • (3) Enforcing any provisions of the Declaration, Bylaws, House Rules, and the condominium Property Act;
  • against an owner or any occupant of an apartment shall be promptly paid on demand to the Association by the apartment owner

A8.3 Reporting and handling of violations

Infractions of the House Rules should be reported to and enforced by the Managing Agent. The Managing Agent will handle all complaints on an anonymous basis, whenever possible. It is suggested that minor disagreements should be settled between the individual occupants affected.

A9 Amendments to House Rules

The Board of Directors reserves the right to make other House Rules from time to time as may be deemed necessary.

A10 Use of units

A unit shall be used only for family living accommodations and shall not be used for business or any other purposes; provided, however, this provision shall not affect such units from being rented or leased for residential or living accommodations.

A11 Structural changes and renovations

No structural changes of any type shall be permitted either within or outside a unit without prior consent and written approval of the Board of Directors. Furthermore, all renovation requests must be submitted in writing to the Board of Directors for approval. Applications are available in the Managing Agents office and a licensed and insured contractor is to be used. Insurance should also include owner or Association as additionally insured. After approval, material deliveries must be scheduled 24 hours in advance with the Managing Agent. Renovation hours are Monday Friday, 8:00 AM 4:30 PM ONLY and, again, must be scheduled in advance with the Managing Agent. Vendor Guidelines are available in the Managing Agents office.

A12 Landscaping changes

Any changes in landscaping must receive prior consent and written approval of the Board of Directors.

A13 Maintenance requests

Owners are required to make requests on maintenance matters of the common elements to the Managing Agent and not directly to Maintenance Personnel.

A14 Deliveries

Deliveries of any items or objects shall be permitted only between the hours of 8:00 AM to 5:00PM, Monday through Saturday. All moves and deliveries are to be scheduled 24 hours in advance with the Managing Agent. A $50 fee may be charged for any unscheduled delivery. No Sunday or Holiday deliveries.

SECTION B: UNITS

B1 Exterior surfaces

No awning, shades, window guards, towels, swimwear, wiring, radio or television antenna or other objects shall be attached to or hung from the exterior of any units verandas, balconies, lanais, or windows, or protrude through the walls, windows or roof thereof.

Furthermore, no notice, advertisements, bill posters, illumination or other sign shall be inscribed or posted on or about the unit, although not visible outside of the Project, except as shall have been approved in writing by the Board or the Managing Agent. Such approval may be granted or refused at the sole discretion of the Board or the Managing Agent.

B2 Unit maintenance

The repair and maintenance of the interior of the unit is the responsibility of the individual owner.

B3 Nameplates

Nameplates or other door signage are not allowed on unit entrance doors.

B4 Electrical equipment

All radio, television, or other electrical equipment of any kind or nature installed or used in each unit shall fully comply with all rules, regulations, requirements, or recommendations of the public authorities having jurisdiction. The unit owner alone shall be liable for any damage or injury by any radio, television or other electrical equipment in such owners unit.

B5 Noise

All noises from whatever source shall be discriminatorily controlled to avoid annoying or disturbing other residents of the Project. Excessive noise may be reported at any time. The following hours are to be used as a guideline:

B5.1 Quiet hours

Quiet hours shall be as follows:

  • Sundays through Thursdays: 10:00 PM 8:00 AM
  • Fridays, Saturdays, and holidays: 11:00 PM 8:00 AM

B6 Emergency services

If the immediate services of the ambulance, doctor or fire and police departments are required, it is the responsibility of the residents of the Project to call such agencies directly.

B7 Package deliveries and personal property

The Board and the Managing Agent are not responsible for packages or other deliveries left at the doors of units or other undesignated places on the premises, nor are they responsible for any personal property placed on or left in or about the premises.

B8 Clotheslines

Clotheslines or other similar objects shall not be hung in any outside area, including the lanais.

B9 Plants and lanai care

Potted plants may be placed on verandas, balconies, and lanais. Porcelain or other suitable containers shall be placed under all flowerpots. The watering and care of plants and the sweeping and mopping of verandas, balconies and lanais shall be the responsibility of the individual unit owner and shall be kept in an attractive and aesthetically pleasing manner and condition.

B10 Hazardous substances

No occupant shall use or permit to be brought into any unit or common areas anything deemed hazardous to life, limb or property, such as gasoline, kerosene, methanol or other combustibles of similar nature, or any gunpowder, or other explosives. No activity shall be engaged in, nor shall any substance be introduced or manufactured within the units, which may result in a violation of the law or in the increase of premium rates, or cancellation of insurance for the Project.

B11 Barbecues

No barbecues or grills of any kind are allowed for use or storage on unit balconies, lanais, or verandas. Barbecues are allowed in the designated areas only. No Imu pits shall be permitted on the Project.

B12 Draperies

Drapes shall be appropriately attached to windows or doors and shall be of a subdued tone and color.

B13 Pets

Residents are limited to 2 pets, under 30 pounds each (either 2 cats or 2 dogs or 1 cat and 1 dog.) All pets, including certified guide or signal dogs and cats shall be maintained on a leash when outside of the condominium unit, provided that the person accompanying the pet outside of the unit shall immediately clean up and deposit all such fecal material in their own refuse container. Each tenant or owner shall register his/her pet (s) with the Managing Agent.

No pet shall be kept or bred for any commercial purpose. No livestock, chicken, pigs or farm animals whatsoever shall be allowed or kept in any part of the Project.

No visiting pets are allowed.

B13.1 Removal of pets

If any pet, certified guide or signal dog, or other animal causes a nuisance, unreasonable disturbance, or presents a danger to any person within the Project, the owner shall be given an opportunity to rectify the problem. If the animal continues to cause a nuisance, unreasonable disturbance or danger to any person within the Project, the Board shall require the pet or animal, including certified guide animal or signal animal, to be removed from the Project within a reasonable time period.

B14 Dusting and sweeping

Garments, rugs, mops, or other objects shall not be dusted or shaken from windows, verandas, balconies, or lanais. Dust, rubbish, or litter shall not be swept or thrown or washed from any unit on to any part of the Project. Furthermore, nothing shall be thrown or emptied by occupants or their guests out of windows, doors, verandas, balconies or lanais, into any part of the Project.

B15 Balconies, lanais and verandas furnishings

Verandas, balconies, and lanais may be furnished appropriately with typical lanai furniture, which includes chairs, lounges, and tables. Such furnishings shall be kept in an orderly fashion and maintained in good, clean condition. Ceiling fans are permitted in townhouse lanais only, subject to prior Board approval.

B15.1 Storing on balconies, lanais or verandas

Verandas, balconies, and lanais may not be used for storage areas for sports and play equipment, nor surplus cartons, boxes, or any other type of excess belongings except in lanai storage areas designated in the building plans as usable for storage. Any furniture, plants, or other articles, which, in the opinion of the Board are unsightly, shall be removed and kept from the verandas, balconies, and lanais upon request by the Board.

B16 Refuse

Dust, floor, and powdered waste shall be wrapped in compact packages. All trash must be thoroughly drained and wrapped in paper and all garbage and other refuse shall be securely wrapped, preferably in plastic bags, and securely fastened before taking to trash room and using trash chute.

B16.1 Large refuse items

Large empty cartons, oversized packages, and other items likely to clog the trash chute shall be carried down to the trash containers and not be left in any common areas of the Project.

B16.2 Recycling

Recyclable items such as aluminum cans, glass, and newspapers may be taken to the main trash room located in each garage and placed in the designated bins. Boxes must be broken down before being placed in cardboard bin.

B17 Boats and other navigable crafts and vehicles

Boats, canoes, rafts, jet skis, trailers or other navigable crafts, bicycles and other transportation vehicles shall not be left or allowed to stand, stored, maintained, or repaired in the parking stalls. However, minor repairs taking no more than eight (8) hours are permitted.

B18 Smoking

No cigarettes, cigarette butts, pipes, cigars, or other refuse shall be put out or thrown in the parking lot, corridors, elevators, stairways, sidewalks, yard, lanais, or other common elements. Smoking is not allowed inside buildings or stairways.

SECTION C: COMMON ELEMENTS

C1 Solicitation

No soliciting of goods and services, or religious and political activities shall be permitted on the premises unless approved by the Board.

C2 Recreation and transportation equipment

Surfboards, bicycles, skate boards, roller skates, etc., shall not be left or allowed to stand on any part of the premises, other than within the confines of the unit or designated storage area (s).

C2.1 Bicycles, skateboards, roller blades

Skateboards, roller blades, roller skates, bicycles, scooters and other similar equipment shall not be operated or used on any part of the common elements such as, but not limited to, the walkways, pathways, interior road, parking garages, or boat mooring walkways.

C2.2 Motorized sports and transportation vehicles

Motorized sports and transportation vehicles, including golf carts, mopeds, and motorcycles shall be operated only on the road; if said vehicles shall comply with state and county registration and vehicular requirements for use on public streets and highways. The use of such vehicles is not permitted on the premises except on paved areas and solely for ingress and egress.

C2.3 Surfboards, bicycles, and other sport equipment

All surfboards, bicycles, and other sports equipment that is transported through the building must use the back doors, and the equipment must be properly covered.

C3 Sports activities

Group sports such as football, baseball, basketball, volleyball, frisbee or golf shall be prohibited in the common elements.

C4 Landscaping

The planting and care of foliage in the common elements is within the sole discretion and responsibility of the Board. Owners, occupants, and guests shall not be permitted to plant or place shrubs, trees, vines, or other types of plants in the common elements.

C5 Ingress and egress

The grounds, roadways, and other similar common elements shall be used strictly for ingress and egress and not for play. They must be kept free of obstructions at all times.

SECTION D: LIMITED COMMON ELEMENTS

D1 Liability for damage

The unit owner, at its sole expense, shall be responsible to maintain all limited common elements appurtenant to its unit in a clean, safe and sanitary condition and the unit owner shall be solely responsible for any and all liability arising from said limited common elements.

D2 Boat moorings

The respective owner of the condominium unit to which the boat mooring area is an appurtenant limited common element shall maintain all boat mooring areas in a clean, safe and sanitary condition. The unit owner shall maintain such boat mooring area at its sole expense and the unit owner is solely responsible for all liability arising from said boat mooring area. Dock boxes are permitted on boat mooring areas provided approval is obtained from the Marina Association and standard specifications and guidelines are followed.

SECTION E: PARKING

E1 Damage liability

Damage to cars and other objects or to common areas shall be the responsibility of the person causing the damage.

E2 Vehicle repairs

No major repairs to automobile or any transportation vehicles shall be permitted on any common element or parking stall.

E3 Conduct

Owners of all motor vehicles are required to operate it within the Project at a reasonable level so as not to constitute a noise nuisance to other occupants. No racing of motors, etc., is permitted.

E4 Wash area

Residents may not wash automobiles or motorcycles on any common element, the roadway areas nor use the roadway for recreation. Automobiles and motorcycles may be washed only in designated car wash areas. In order to prevent soap runoffs and damage to the surrounding foliage, detergent soap may not be used under any circumstances. Wash area is for resident use only.

E5 Storage

No personal items such as, but not limited to, lumber, furniture, boxes, crates or recreational equipment shall be stored in any parking stall.

E6 Speed limit

Vehicles shall travel at speeds no greater than the posted speed limits. Drivers are expected to observe traffic and directional signs for the safety of all.

E-6.1 Towing

Unregistered cars and illegally parked cars may be towed away at the owners expense.

E7 Parking stalls

All vehicles shall be parked in their assigned parking stall. No vehicle owned by a unit owner shall be parked on the roadway of the Project.

E-7.1 Guest parking stalls

All guest vehicles shall be parked in designated guest parking stalls and their vehicles registered at designated registration areas. Overnight guest parking passes are available through the Resident Managers office. Overnight guest parking time period is from 2:00 AM to 6:00 AM.

SECTION F: POOL AND CLUBHOUSE

F1 Hours of use

The pool, the clubhouse (Cabana) and the surrounding areas are for the exclusive use of residents and their guests.

F1.1 Pool hours

Pool hours are as follows:

  • Sundays through Thursdays: 8:00 AM to 10:00 PM
  • Fridays, Saturdays and Holidays: 8:00 AM to 11:00 PM

F 1.2 Clubhouse (Cabana) hours

  • Mondays through Saturdays: any five (5) hour increment between 10:00 AM 10:00 PM
  • Sundays 10:00 AM 3:00 PM only

All users must clean Club House and remove all trash and personal items by stated end time. Only one (1) reservation per day and one (1) per week for any one unit. No standing reservations are permitted. Use of the Cabana for private parties is limited to no more than 30 persons.

F2 Pool rules and regulations

Street clothes and diapers are not allowed in the pool or Jacuzzi.

All suntan oil, bobby pins, hairpins, and other such material shall be removed and all persons shall shower before entering the pool or Jacuzzi.

Eating, drinking and smoking is not allowed in the pool or Jacuzzi.

All persons using suntan lotions and oils, etc. shall protect the furniture and the deck area with towels.

Infants should not be taken into the Jacuzzi for health reasons.

F3 Limitations and liability

Children under the age of 12 should not be allowed in the pool area or Jacuzzi unless accompanied by an adult responsible for such child. Parents or guardians are completely responsible for their children or wards and shall not permit them to enter the pool area or Jacuzzi, regardless of age, if they are not competent swimmers.

F4 Conduct

Horseplay, running, diving, screaming, or other boisterous conduct is not permitted in the pool area. The playing of games, such as water Marco Polo shall be prohibited.

F5 Responsibility

No residents under the age of 12 should be permitted to have guests in the pool area unless such guests are under the supervision of a parent or occupant/guardian of the minor resident.

F6 Glassware

Glass or other breakable containers shall not be brought into the pool area.

F7 Personal belongings

All Personal belongings such as towels, sunglasses, books, etc., shall be removed upon leaving the pool, spa or BBQ area.

F8 Pets

No pets shall be permitted in the pool area unless on a leash and necessary for use by a handicapped person.

F9 Noise

Radios in the pool area shall be operated at a volume level so as not to create a nuisance to other tenants and pool users.

F10 Attire

Swimming is not allowed in other than proper swimming apparel.

F11 No lifeguard on duty

Residents and their guests shall use the swimming pool at their own risk. No lifeguard on duty. The Board or Managing Agent reserves the right to require a lifeguard for large pool parties, to be paid for by host owner or resident.

F12 Equipment

Scuba equipment, inner tubes, swimming fins, toys, or other inappropriate equipment shall not be allowed in the pool. However, small children may use small tubes, water wings, or similar devices for safety purposes, if accompanied in the pool by an adult.

F13 Health requirements

All persons known to be or suspected of being afflicted with an infectious disease, suffering from a cough, cold, sores, or wearing bands or bandages, shall not be allowed in the pool.

F14 Sanitation requirements

Spitting, spouting of water, or blowing the nose in the swimming pool shall be prohibited.

SECTION G: DECLARATION OF CONDOMINIUM PROPERTY REGIME OF KALELE KAI

G1 Compliance

Notwithstanding anything herein to the contrary, these House Rules shall be subject to the Declaration of Condominium Property Regime of Kalele Kai (Declaration) and By-Laws of the Association of Owners of Kalele Kai (By-Laws), and in the event of any conflict between these House Rules and the Declaration and By-Laws, the Declaration and By-Laws shall govern and the Board shall make such changes to these House Rules from time to time to comply with the Declaration and By-Laws.

The Board has the right to restrict the use of any common elements at its discretion. Enforcement of restriction and other House Rules may be delegated to the Managing Agent.

Each tenant and owner is responsible for abiding by all House Rules and governing documents established for the Kalele Kai Association of Apartment Owners.

 
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