HOUSE RULES FOR HAWAIKI TOWER

These House Rules have been duly adopted by the Board of Directors (the “Board”) of the Association of Apartment Owners of Hawaiki Tower (the “Association”) in accordance with Article VI, Section 5 of the By-Laws of the Association of Apartment Owners of Hawaiki Tower filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii (the “Land Court”) as Document No. 2428171, as amended (the “By-Laws”). These House Rules are intended to promote harmonious living and maximum enjoyment of Hawaiki Tower (the “Project”) and to protect all occupants of the Project from annoyance or nuisance caused by improper conduct or use of the apartments and common areas of the Project by occupants (as such term is defined hereinbelow).

The responsibility of enforcement of these House Rules may be delegated to the Managing Agent or the Resident Manager for the Project (the “Resident Manager”) by the Board. All occupants shall strictly comply with these House Rules and the covenants, conditions, and restrictions set forth in the Declaration of Condominium Property Regime of Hawaiki Tower filed in the Land Court as Document No. 2428170, as amended (the “Declaration”) and the By‑Laws and shall be bound by standards of reasonable conduct whether or not covered by these House Rules, the Declaration, or the By‑Laws.

SECTION I. DEFINITIONS

1. The term “apartment” shall mean and include each residential and commercial apartment located within the Project, as designated and described in the Declaration.

2. The term “motor vehicle” shall mean and include any vehicle powered by engine or motor, including but not limited to automobiles, motorcycles, and motor scooters.

3. The term “premises” shall mean the Hawaiki Tower project, including all of the buildings and apartments therein, all of the land thereof, all common areas, and all other improvements, equipment, apparatus, fixtures, and articles placed or installed in or on the land and buildings.

4. The term “occupant” or “occupants” and any pronoun used in place thereof shall mean and include any owner of any residential apartment in the Project, members of the owner's family, and tenants, licensees, and invitees of said owner, any owner of any commercial apartment in the Project and any tenants, employees, independent contractors, suppliers, and customers of said owner, and any other person who may in any manner use the Project.

5. The term “recreational facilities” shall include the swimming pool, lap pool, spa, barbeque area, tennis court, recreation deck, level 36 winter garden and any other recreational facility available for use by occupants of the Project.

SECTION II. THE APARTMENTS

1. Each occupant of the Project shall at all times keep his/her apartment in a strictly clean and sanitary condition and observe and perform all laws, ordinances, rules, and regulations applicable to the use of the Project now or hereafter made by any governmental authority or the Board.

2. No occupant shall make or suffer any strip or waste or unlawful, improper, or offensive use of his/her apartment.

3. No clothes, towels, garments, rugs, or other objects shall be hung on clotheslines or from the lanai railings or walls, doorways, windows, or facades of the Project in such a manner as to be in view of persons outside the building. No shoes, flip-flops, slippers, sandals, dry cleaning, or any other objects shall be allowed to remain in view at the front entrance of any apartment.

4. Lanais may be furnished with typical lanai furniture (i.e. chairs, lounges, and tables) in neutral colors, which shall be kept in an orderly fashion and maintained in good, clean condition. Lanais shall not be used for storage of sports and play equipment, surplus cartons, boxes, or any other type of excess belongings. Any furniture, plants, or other articles which, in the opinion of the Board of Directors, are unsightly, shall be removed and kept from the lanais upon request by the Board of Directors. Large plants that protrude over the lanai railing or completely block the railing and view shall be prohibited.

5. No rugs, draperies, or other objects shall be dusted, beaten, or shaken from the windows or on the lanais, stairways, and hallways of the Project. When watering lanai plants or cleaning the lanai, the occupant shall not cause or otherwise allow water to drain out of the weep hole of the lanai. Dust, rubbish or litter shall not be swept or thrown from any apartment into the hallways or any exterior part of the Project.

6. Nothing shall be allowed, done, or kept in any apartment or common area which would overload or impair the floors, walls, or roof of the Project, or cause any increase in the ordinary premium rates or the cancellation or invalidation of any insurance thereon maintained by or for the Association.

SECTION III. COMMON AREAS

1. All common areas of the Project shall be used only for their respective purposes as designed.

2. No occupant shall place, store, or maintain on walkways, roadways, grounds, or other common areas any furniture, packages, or objects of any kind or otherwise obstruct transit through such common areas.

3. Except as otherwise specifically provided in these House Rules, eating, drinking, or smoking is not permitted in any common area of the Project including, without limitation, lobbies, hallways, elevators, corridors, stairwells, waiting areas, and the parking garage.

4. No recreational activities shall be permitted in any portion of the Project except in those areas expressly designated for such activities.

5. No occupant shall make or suffer any strip or waste or unlawful, improper, or offensive use of the Project or alter or remove any furniture, furnishings, or equipment from the common areas.

6. When moving furniture or other large objects, occupants of the Project must reserve a date and time with the Resident Manager who will schedule the use of one of the elevators at such times and in such manner as will cause the least inconvenience and disruption to others. Moving hours are from 8:00 a.m. through 4:30 p.m. on Mondays through Saturdays.

7. Extensive repairs of a motor vehicle, boat, surfboard, or other equipment shall not be permitted on the Project premises. The Resident Manager shall have the authority to determine whether repairs are extensive under this rule.

SECTION IV. REFUSE

1. No refuse, garbage, or trash of any kind shall be thrown, placed, or kept on any common areas of the Project outside of the disposal facilities provided for such purpose.

2. All garbage must be wrapped or bagged before being placed in the trash chute.

SECTION V. PARKING

1. Parking in areas of the Project not expressly designated for parking is prohibited.

2. All parking located in the parking structure is reserved for the use of the occupants of the apartments to which the parking stalls are appurtenant. No occupant shall use any parking stalls located in the parking structure other than the parking stall(s) which are appurtenant to such occupant’s apartment, as designated in the Declaration, except as permitted in writing by the occupant of the apartment to which the subject parking stall(s) is/are appurtenant or as otherwise duly authorized by the Resident Manager.

3. No motor vehicles shall be parked in the driveways, entrances, and exits of the Project and in any areas marked with red paint; provided that occupants may park in the drop-off area fronting the building entrance on level 3 of the Project for a period not to exceed 10 minutes for the purpose of loading and unloading.

4. Motor vehicles should be centered in parking spaces so as to prevent crowding of adjacent spaces and/or blocking of passages. No motor vehicle shall be parked so that any portion thereof shall protrude from the parking stall.

5. All persons shall exercise due caution in parking, loading, or unloading within the parking areas to avoid damage to other motor vehicles or property and injury to other persons.

6. The parking areas shall not be used for playing or loitering.

7. Violators of the parking regulations set forth in this Section V may have their vehicles towed away at their own expense; provided that occupants shall be responsible for authorizing the towing of unauthorized vehicles from such occupants’ assigned parking stalls, and must sign all required authorizations for the towing of vehicles from such assigned parking stalls. If the violator is a licensee or invitee (a “Guest”) of an occupant, the occupant shall be held responsible for payment of any fines or related charges not paid by the violator.

8. Guest parking stalls in the porte cochere area are for the use of Guests only between the hours of 7:00 a.m. and 1:00 a.m. Each Guest vehicle is permitted to park in a guest parking stall for a maximum of six (6) hours between the hours of 7:00 a.m. and 1:00 a.m. daily. Notwithstanding the foregoing, a Guest of an occupant may park a vehicle in a guest-parking stall between the hours of 1:00 a.m. and 7:00 a.m. provided that the occupant obtains from the Resident Manager an overnight parking pass for such Guest. Guests must register at the front entrance table by filling in information required on the sign-in sheet located on the table located at the building entrance on level 3 of the Project.

9. No personal property shall be stored in the parking garage in other than the designated storage lockers and storage rooms.

10. Occupants shall be responsible for maintaining their respective parking stalls in a clean condition, free from oil drips or other discharge from their vehicles. From time to time and upon giving prior written notice and opportunity to cure, the Association may (a) clean any parking stall in the parking garage and (b) assess the owner or tenant of the apartment to which the parking stall is appurtenant a fee of $25 for such cleaning.

11. Occupants shall register their vehicles with the Resident Manager’s office. A parking tag shall be provided for each registered vehicle upon registration and the tag shall be displayed on the rear view mirror at all times while on the Project. It shall be the responsibility of the owner to transfer tags to their tenants and successive owners.

SECTION VI. PETS

1. No livestock, poultry, or other animals whatsoever shall be allowed or kept in any part of the Project, except that a dog, a cat, or other typical household pet (“pet”), such as a guinea pig, a rabbit, fishes, or birds may be kept by occupants in their respective apartments subject to the conditions and restrictions contained herein, but shall not be kept, bred, or used therein for any commercial purpose.

(A) Except for fishes and birds, no more than one (1) pet shall be allowed per apartment. No more than two (2) birds shall be allowed per apartment.

(B) No pet may exceed forty (40) lbs. in weight. No infant or juvenile pet of a type or breed which, when fully grown, is likely to exceed forty (40) lbs. in weight, may be kept in the Project.

(C) No animal described as pests under H.R.S. §150A-2 or prohibited from importation under H.R.S. §141-2, §150A-5, or §150A-6, may be kept in the Project.

(D) Every occupant keeping a pet shall register said pet with the Resident Manager, who shall maintain a register of all pets kept in the Project.

2. Notwithstanding any provision to the contrary contained herein, certified guide dogs and signal dogs (as identified below) and other such animals specially trained to assist handicapped individuals (hereinafter collectively referred to as "specially trained animals") shall be permitted at the Project subject to the following restrictions:

(A) Such specially trained animals shall not be kept, bred, or used at the Project for any commercial purpose;

(B) Such specially trained animals shall be permitted on the common elements (including but not limited to the recreation areas) provided the specially trained animal is on a leash.

3. Any pet or specially trained animal causing a nuisance or unreasonable disturbance to any occupant of the Project, or that is involved in contact with any occupant or other pet in which injury occurs, shall be permanently removed from the Project promptly upon notice given by the Board or the Resident Manager; provided, however, that any such notice given with respect to a specially trained animal shall provide that before such animal must be removed, its owner shall have a reasonable time to acquire a replacement specially trained animal unless the Board determines that such animal poses an imminent serious threat of physical harm to other occupants of the Project. A tenant of an apartment owner must obtain the written consent of the apartment owner to keep a pet in the apartment. Notwithstanding such consent, a tenant may keep only that type of pet which may be kept by an apartment owner. Any occupant who keeps a pet pursuant to these House Rules may, upon the death of the animal, replace the animal with another an continue to do so for as long as the occupant continues to reside in the apartment or another apartment in the Project subject to these same House Rules. The Board may from time to time promulgate such rules and regulations regarding the continued keeping of pets and specially trained animals as the circumstances may require or the Board may deem advisable.

4. The term "guide dog" shall mean "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 rigid handle grasped by the person" as defined in H.R.S. §515-3(8), as the same may be amended from time to time in the future.

5. The term "signal dog" shall mean "any dog trained to alert a deaf person to intruders or sounds," as defined in H.R.S. §515-3(8), as the same may be amended from time to time in the future.

6. Each owner of a pet and the owner of the apartment in which such pet is kept shall indemnify and hold the Association and the Board of Directors harmless from and against any and all claims, liabilities, or damages arising out of the presence of such pet in the apartment and the Project.

7. Except when in transit, pets (other than specially trained animals) shall not be allowed on any common area other than the “Pet Park” designated on Exhibit A attached hereto. Any pet (other than a specially trained animal) in transit through the common areas must be carried whenever practicable or on a leash which keeps the pet within two feet (2') of its handler’s feet. Pets shall not be allowed to come into contact with persons other than the handlers thereof, except as permitted by such other persons.

8. Any damage to the Project caused by a pet shall be the full responsibility of the owner of the pet and the owner of the apartment in which the pet is kept and the costs of repair or replacement shall be specially assessed to such person(s).

9. Owners of pets shall be responsible for immediately picking up and cleaning up after their pets. Pet waste and trash (sand, litter paper, etc.) shall be wrapped with extra care and transported to the loading dock dumpster for disposal therein. Pet waste and trash shall not be disposed of by dumping in the trash chute.

SECTION VII. NOISE

1. Excessive noises of any type are prohibited at any time in the buildings or on the premises of the Project.

2. All occupants shall exercise extreme care in the use of musical instruments, radios, televisions, stereos, amplifiers, etc. that may disturb other occupants.

3. All occupants shall maintain quiet between 10:00 p.m. and 7:00 a.m. on weekdays (Sunday through Thursday nights) and midnight to 8:00 a.m. on weekends (Friday and Saturday nights).

4. Occupants are prohibited from performing construction activity within their respective apartments except during the following hours: Monday through Friday: 8:00 a.m. through 5:00 p.m.; Saturday: 8:00 a.m. through 3:00 p.m.

SECTION VIII. BUILDING MODIFICATIONS

1. No structural changes of any type by an occupant shall be permitted within the common areas except as permitted by, and in accordance with, the provisions of the Declaration and By‑Laws.

2. Except as otherwise reserved in the Declaration, By-Laws, and as provided in Paragraph 8 hereinbelow, no signs, posters, signals, or lettering shall be inscribed or exposed on any part of the Project nor shall anything be projected out of any window or door or off any lanai, without the prior approval of the Board.

3. No occupant shall, without the prior written approval of the Board, install any wiring for electrical or telephone installations, television antennae, machines, air conditioning units, other equipment, or appurtenances whatsoever on the exterior of the Project or protruding through the walls, windows, or roof of the Project; provided, however, that antennae covered by the FCC Antenna Rule (47 C.F.R. Part 1, Subpart S, Section 1.400 et seq.) may be installed in accordance with the Antenna Installation Policy as amended from time to time, a copy of which is attached hereto as Exhibit B.

4. Nothing shall be allowed, done, or kept in any common area of the Project which would overload or impair the floors, walls, or roofs thereof, or cause any increase in the ordinary premium rates or the cancellation or invalidation of any insurance thereon maintained by or for the Association.

5. No occupant shall decorate the entry door of his/her apartment or any common element of the Project except in accordance with such standards and/or guidelines as the Board may establish from time to time.

6. The occupant of an apartment may install one additional deadbolt on the entry door to such occupant’s apartment, provided that such deadbolt and the installation thereof shall be in accordance with specifications, as indicated on Exhibit C attached hereto, as amended from time to time.

7. The installation of rigid flooring other than padded carpeting shall be in accordance with specifications as indicated on Exhibit D attached hereto, as amended from time to time.

8. The occupant of a commercial apartment may install one commercial sign on the corridor wall adjacent to such occupant’s commercial apartment, provided that such commercial sign and the installation thereof shall be in accordance with the specifications as indicated on Exhibit E attached hereto, as amended from time to time.

SECTION IX. GENERAL

1. No occupant shall use or permit to be brought into or stored in the building or common areas, including, without limitation, the storage rooms and storage lockers located in the parking structure, any inflammable or combustible substances such as gasoline, kerosene, gunpowder, fireworks, or other explosives or anything deemed highly dangerous or hazardous to life, limb, or property.

2. Apartment owners shall: (i) observe and adhere to these House Rules; and (ii) ensure that occupants any person coming onto the Project with their permission or at their request observes and adheres to these House Rules. Residential apartment owners are responsible at all times for the conduct and decorum of their family members, tenants, guests, licensees, and invitees on the Project premises and commercial apartment owners are responsible at all times for the conduct of their tenants, employees, independent contractors, suppliers, and customers while on the Project premises. Owners must register their guests, tenants, licensees or invitees with the Resident Manager prior to occupancy or granting access to the common areas.

3. Damage to the buildings or common areas by any occupant of an apartment shall be the responsibility of the occupant and owner of such apartment and such damage shall be repaired at the expense of the occupant and owner responsible in accordance with Exhibit F attached hereto, as amended from time to time.

4. No open fires shall be allowed on the Project premises, except that barbecue grills, hibachis, or other similar open‑fire cooking equipment may be used only in designated areas.

5. No soliciting of goods, services, or religious activities shall be permitted on the premises without the prior approval of the Board or the Resident Manager.

6. Surfboards and bicycles are not permitted in the residential tower. All surfboards and bicycles must be registered with the Resident Manager’s office and stored in designated storage areas in the parking garage.

7. Waterbeds of any nature are prohibited in the Project.

8. All maintenance and repairs of internal installations within each apartment such as water, light, power, sewage, telephone, doors, windows, lamps, and all other fixtures and accessories belonging to such apartment, including interior walls and partitions and the inner decorated or finished surfaces of the perimeter walls, floors, and ceilings of such apartment, shall be at the apartment owner’s or occupant’s expense in accordance with, but not limited to, Exhibits F, G, H and I attached hereto, as amended from time to time.

9. Feeding of non-captive birds on lanais or of any animals on any common area is prohibited.

10. Climbing of walls, trees, fences and other common elements other than the recreational facilities expressly designed for climbing is prohibited.

11. Use of fireworks of any kind anywhere on the Project site is prohibited.

12. Cooking on the lanai of any apartment is prohibited.

SECTION X. RECREATIONAL FACILITIES

1. The swimming pool, lap pool, spa pool, barbecue areas, tennis court, winter garden and recreation deck area may be used between the hours of 8:00 a.m. and 10:00 p.m. daily.

2. All policies shall be age neutral and applied to all persons equally.

3. Swimming is permitted only in appropriate bathing attire. No nude sunbathing is permitted.

4. The shower is located on the recreation deck area. All suntan oil, dirt, and other such materials must be removed before entering the swimming pool, lap pool, or spa pool.

5. NO LIFEGUARD IS ON DUTY AT THE POOL. The pool areas are for the exclusive use of apartment residents and their guests. An owner’s or resident’s family members or guests found in those areas shall be presumed to be there with the full knowledge and consent of the owner or resident. Owners and residents shall be responsible for the health and safety of themselves, their family members, and their guests who use the pool, jacuzzi, and sauna and for ensuring that all rules for those facilities are obeyed. Apartment owners are financially responsible for any damages or destruction caused by themselves, occupants, their guests, their lessees, and their renters.

6. Swim caps or hair ties must be worn by all persons using the swimming pool or lap pool with shoulder length hair or longer.

7. 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. A child’s parent or guardian shall be responsible for determining if the child is a competent swimmer. Persons who are incontinent or not toilet-trained shall not use the pools or Jacuzzi unless they wear pants which will prevent leaks. Appropriate pants are a swim diaper. A swim diaper is not a typical diaper. It is a tight-fitting nylon or latex alternative for a typical diaper. Typical disposable or cloth diapers are not permitted in the swimming pool, lap pool or spa pool.

8. Anyone who may be adversely affected by the heat or humidity of the spa pool, such as young children, pregnant women, and anyone with high blood pressure, should not use those facilities. Since prolonged exposure to high water temperatures can cause drowsiness and/or raise the blood pressure of any such persons, they should be accompanied by a parent, guardian or someone who can ensure their safety when using the spa pool.

9. Running, jumping off walls, and horseplay are not permitted in the swimming pool, lap pool, spa pool, and adjacent areas. Splashing of water other than that accompanying normal swimming is not permitted.

10. No glass items of any kind, food, beverages (other than water in a non-breakable container), toys, diving equipment, or similar items shall be permitted in the swimming pool, lap pool, spa pool, or adjacent areas. The introduction of sand, rock, or other foreign matter in the swimming pool, lap pool, or spa pool is strictly prohibited and will result in immediate eviction therefrom.

11. Residents must be present and accompany guests during a reserved function. Only the BBQ areas, tennis court and winter garden may be reserved upon written request to the Resident Manager. The maximum number of guests for a reservation at the tennis court or BBQ areas is twelve (12) persons, children included. Only one BBQ area can be reserved per function. The combining of functions by two or more apartments for the purpose of exceeding the guest limitations will not be permitted. The maximum number of guests for a reservation at the winter garden is twenty- four (24) persons, children included. The decision to allow the reservation of such areas for private parties shall be within the Resident Manager’s sole discretion and shall not be unreasonably withheld. For all functions involving more than eight (8) persons, including the host(s), a reservation shall be required. A written request form is available in the Resident Manager’s office or can be downloaded from the Hawaiki Tower website “hawaikitower.org” and is attached hereto as Exhibit J. The written request must be provided to the Resident Manager no less than three (3) working days, and no more than sixty (60) days prior to the function date.

12. All persons shall comply with the requests of the Resident Manager with respect to matters of personal conduct in and about the swimming pool, lap pool, spa pool and recreation deck areas. The employees of the Resident Manager and/or security personnel are authorized to require any person using any of the recreational facilities to identify himself or herself by name and apartment number and, if a guest, to give the name and apartment number of the host occupant and to confirm, if required, the physical presence of the host occupant.

13. No animals are allowed in or around the swimming pool, lap pool, spa pool, or adjacent areas, except for animals required by disabled persons. Intoxicated persons are not permitted to use the swimming pool, lap pool, or spa pool.

14. Bathers shall dry themselves before entering the recreation deck restrooms or the residential tower.

Department of Health Pool Rules

15. All persons using the swimming pool, lap pool or spa pool shall take a cleansing shower bath before entering swimming pool, lap pool or spa pool . A bather leaving the swimming pool, lap pool or spa pool to use the toilet shall take a second cleansing bath before returning to the swimming pool, lap pool or spa pool ;

16. Any person having an infectious or communicable disease shall be excluded from the swimming pool, lap pool or spa pool. Persons having any open blisters, cuts, etc., shall be warned that these are likely to become infected and advised not to use the swimming pool, lap pool or spa pool ;

17. Spitting, spouting of water, blowing the nose, etc., in the swimming pool, lap pool or spa pool shall be strictly prohibited;

18. Special toddler diapers shall be used to prevent contamination of the swimming pool, lap pool or spa pool;

19. Emergency pool closures for cleaning accidental fecal or vomitus discharges shall require all bathers to leave the swimming pool, lap pool or spa pool until the substances are removed. The swimming pool, lap pool or spa pool shall be disinfected before they are reopened for use; and

20. Pets are not allowed in a public swimming pool. [Auth: HRS §§321-10, 321- 11] [Imp: HRS §321-11]

End of Department of Health Pool Rules

21. All persons using any of the recreational facilities are required to exercise due care to preserve the functionality and appearance of said facilities. All trash and personal belongings must be removed after use of any recreational facility. The chairs or umbrellas, if any, on the recreation deck should be returned to their original positions/locations to ensure a neat and orderly appearance. All occupants acknowledge and agree that the Resident Manager may impose additional requirements and restrictions governing the use of the recreational facilities which are not inconsistent with these House Rules.

22. Eating, drinking of non-alcoholic beverages, and picnicking shall be allowed in the barbeque areas only. The use of hibachis, barbeques grills, and other open-fire cooking equipment is strictly prohibited in all areas except the barbeque areas.

23. The tennis court may be used between the hours of 9:00 a.m. and 10:00 p.m. each day. No lighting of the tennis court shall be allowed past 10:00 p.m. each evening.

24. The following rules shall pertain to use of the tennis court and the enclosed tennis court area:

(A) Shoes with hard soles, raised heels or cleats; animals; bicycles; skates; skateboards; and baby carriages are prohibited.

(B) Leaning on the net is prohibited.

(D) A reservation for a one (1) hour period may be made at the Resident Manager’s office during regular business hours or with the security office when the Resident Manager’s office is closed, not more than three (3) days in advance. If after the reserved period has elapsed no one is waiting to play, play may continue until fifteen (15) minutes after any player without a reservation arrives at the court, or until the later of the arrival or the reserved time of a player holding a reservation for the court.