Association of
Apartment Owners of
Paniolo hale
HOUSE RULES
Please note: Items revised on 11-5-10 are noted in red and
underlined
Revised November 5, 2010
In order for Paniolo Hale to be a pleasant community for both visitors and residents, and to enhance the safe enjoyment of the premises, the Board of Directors has established House Rules. These rules apply to anyone who comes onto the property, including all owners, visitors, guests, tenants, and workers. Standards of reasonable conduct shall apply in all cases, regardless of specific mention in the House Rules. Violations should be reported to the Resident Manager.
I. General
1. All persons occupying a unit must check in at the office upon arrival and be registered with the Resident Manager’s list in the office lanai. All surnames should be listed with unit number and auto license plate number.
2. Occupancy limits for apartment units are two persons per bedroom, plus two additional persons; provided that families with children under the age of 18 may apply for reasonable exemptions from these limits for those children.
3. Use of the facilities and recreation areas is limited to apartment owners, tenants, and registered guests.
4. Maintenance and grounds-keeping personnel are directed solely by the Resident Manager, and may not be diverted from their assigned duties during their regular working hours.
5. It
is customary in
II. Safety and Sanitation
1. Fireworks of any kind are prohibited. BB/pellet guns, wrist rockets, slingshots, crossbows, bow and arrow, and any other projectile devices are prohibited.
2. Cooking over coals or fires is prohibited. Hibachis are not permitted anywhere on the property. Please use the installed gas barbecues.
3. No butchering of game or cleaning of fish is permitted on the grounds.
4. Household garbage and packing materials must be bagged and placed in receptacles in the trash collection areas. Cardboard boxes should be flattened and left in the trash area. Please recycle your aluminum cans.
5. Sanitary napkins and tampons must not be flushed down toilets.
6. No grease, seeds, or toxic chemicals (Drano, etc.) should be washed down the drains.
7. For your safety, please keep to the paved walkways.
8. The ocean surf and currents are hazardous, and no lifeguards are on duty.
9. Beware of flying golf balls when approaching the fairways.
III. Vehicles
1. Speed limit is 10 miles per hour.
2. One parking space is allowed for each apartment.
3. Vehicles must be parked in designated parking areas only. Parking or driving on the grass, or blocking roads or driveways, is prohibited.
4. Boats, trailers, dune buggies, and all-terrain vehicles are not permitted anywhere on the property.
5. Vehicles left unattended for more than 30 days should be in operable condition.
6. Oil changes and vehicle repairs may not take place on the property.
IV. Activities
1. Skateboarding, roller-skating, and rollerblading are not permitted on the property. Bicycles may not be ridden at high speeds or in an unsafe manner.
2. Golf shoes or any shoes with spikes should not be worn on wooden steps, entryways, or the interior of the apartments.
3. Use of grounds for parties requires permission of the Resident Manager.
4. The
swimming pool is pen from
5. Owners and residents are responsible to see that pool rules are obeyed. Owners and residents must ensure that family members and guests who are non-swimmers or weak swimmers are accompanied at all times in the pool area by someone who can ensure their safety. In particular, a child under the age of 12 should be accompanied by an adult when using the pool, unless the child is a competent swimmer. Excessive noise or splashing is prohibited.
6. Additional pool rules posted in the pool area must be observed
V. Noise and Nuisance
1. Dogs are not permitted on the premises, with the exception of dogs which are required by disabled residents or guests because of their disabilities.
2.
The feeding of all
wildlife on property is prohibited. This
applies, but is not limited to, feral cats, turkeys, deer and wild birds.
3. Quiet
hours are
4. Excessive noise is not allowed at any time.
5. Interior,
outside, and lanai construction work with power tools, etc. is permitted from
VI. Responsibilities of Owners
1. Apartment owners must assume the ultimate responsibility for the conduct of any occupants of their units, and must ensure that the behavior of all occupants is in accordance with the House Rules and By-Laws of the Association at all times. Consequently, owners must pay for (i) any damages to the common elements caused by occupants of their units or guests of those occupants, and (ii) any fines, which are assessed against their units for violations of the House Rules and By-Laws by the occupants of their units or guests of those occupants.
2. Owners must deliver to their guests, visitors, or tenants a copy of these House Rules, and all lease or rental agreements must include these House Rules. In addition, the House Rules must be prominently displayed in all rental units.
3. Under Hawaii State Law, all absentee owners renting or leasing their apartments must, at their own expense, designate an on-island representative who will conduct periodic inspections of their apartment and attend to all problems related to the interior of their unit, its contents and its occupants. Owners must provide their occupants and the Resident Manager with the name and telephone number of their representative. If an apartment is rented as part of a condominium hotel operation, the condominium hotel operator shall be designated s the on-island representative.
4. Should
the Resident Manager have to deal with any owner responsibility problems relating
to any unit, the owner will be charged for each occurrence a minimum of one
hour at current work-order rates up to the hour of
5. In the case of persistent or repeated violations of the House Rules and/or By-Laws of the Association by tenants or guests, the Managing Agent shall require the owner to remove said tenants or guests from the premises without compensation for lost rental income or other damages resulting therefrom.
6. The Board of Directors or its Managing Agent has the right 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 apartment owner.
VII. Violations
If any person violates any of these Rules, the Board of Directors or the Managing Agent may:
1. Enter the apartment in which, or as to which, such violation or breach exists and summarily abate and remove, at the expense of the defaulting apartment owner, any structure, thing, or condition that may exist therein contrary to the intent and meaning of the provisions hereof, and the Board of Directors or the Managing Agent shall not thereby be deemed guilty in any manner of trespass; or
2. Enjoin, abate, or remedy, by appropriate legal proceedings, either at law or in equity, the continuance of any such breach; and all costs thereof, including attorneys’ fees, shall be borne by the defaulting apartment owner.
3. Impose fines upon apartment owners, tenants, and employees of an apartment owner, and any other person using or coming upon the project or any part thereof for any purpose whatsoever, for violations of the Declaration, the By-Laws, or these House Rules. The Managing Agent and/or the Resident Manager may impose the aforementioned fines in accordance with a schedule of fines. All persons fined may appeal from the penalty imposed by the Board of Directors, the Managing Agent, or the Resident Manager as follows:
A. Notice of Appeal. By filing with the Managing Agent or Secretary, within thirty (30) days after receiving notice of such fine, a written notice of his or her appeal and the reasons therefore. The filing of a notice of appeal shall not halt the accrual of any ongoing fines imposed for the violation, which is the subject of the appeal. However, the Board of Directors may waive or rescind all or part of the fine at the time of the hearing of such appeal.
B. Time for Hearing Appeal. All appeals shall be heard at a meeting of the Board of Directors within ninety (90) days after the notice of appeal has been filed with the Managing Agent or Secretary.
C. Procedure. The cause of the fine shall be reported in writing by the Board of Directors, the Managing Agent, or the Resident Manager, if any, at such meeting, with a statement of the facts upon which the fine was based, a copy of which shall be furnished to the appellant at least ten (10) days before the meeting, at which time a copy thereof shall also be filed with the Secretary. The appellant shall then present his or her defenses in writing, to which the Board or its designee may reply orally. The appellant or any owner or other person on the appellant’s behalf may then respond, and the Board or its designee may again speak in support of the fine imposed. No further discussion, except as are allowed by the Board, in its reasonable discretion, shall be allowed.
D. Disposition of Appeal. The Board of Directors shall vote as to whether the fine shall be affirmed. If a majority of the Directors present vote in the affirmative, the fine shall stand and shall be remitted by the appellant in full, within seven (7) days of the date that the appellant is notified of the decision of the Board of Directors. If less than a majority of the Board present votes in the affirmative, then the fine shall thereby be rescinded.
VIII. House Rule Violation Fines
House Rule Violation Fine Procedures: For the first House Rule Violation, a warning will be issued; the second offense a $50 fine will be issued; the third offense a $100 fine will be issued; and each subsequent offense a $150.00 fine will be issued. Expenses incurred as a result of an owner’s negligence, such as debris clean-up and additional dumpster pick-ups, will be charged to the offending owner.
THESE HOUSE RULES SHALL BE STRICTLY ENFORCED. ANY INFRACTIONS SHOULD BE REPORTED TO THE MANAGING AGENT / RESIDENT MANAGER.
APPROVED AS TO FORM AND CONTENT by the Board of Directors of the Association of Apartment Owners of Paniolo Hale at the Board meeting held November 5, 2010.
House
Rules 2010-11-05