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Hawaiki Tower Project Documents

Hawaiki Tower

88 Piikoi Street

Administrative Office

Honolulu, HI 96814

Ph: 808.589. 1344
Fax: 808. 589. 1346

Monday - Friday
8:oo AM- 5:00 PM

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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.

 

(C)       Playing on a wet court 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. 

 

(E)        Players must wait their reserved time or unreserved turn in person. 

 

(F)        Players who do not have a reservation may play for a one (1) hour period on a first come, first served basis, provided that such players shall relinquish the court to any player holding a reservation at the reserved time.  If after the one (1) hour period has elapsed no one is waiting to play, play may continue until fifteen (15) minutes after any other 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.

 

(G)       Except for any lone player playing on the court during a reserved time, a lone player must relinquish the court to multiple players who are waiting to use the court. 

 

25.        Anyone violating these rules may be asked by the Resident Manager or a Hawaiki Tower security officer to leave the area. 

 

SECTION XI.  EXPENSES OF ENFORCEMENT

 

1.         Every occupant shall pay to the Association promptly on demand all costs and expenses including reasonable attorneys' fees incurred by or on behalf of the Association in enforcing any provisions of the Declaration, By‑Laws, or these House Rules against such person.

 

SECTION XIII.  AMENDMENT OF HOUSE RULES

1.                   The Board reserves the right to make such other rules or to amend these House Rules from time to time by the action of the Board as may be deemed needful for the safety, care, and cleanliness of the Project and for securing the comfort and convenience of all the occupants of the Project.

 

NON-DISCRIMINATION POLICY

Pursuant to Hawaii Revised Statutes Chapter 515, Title VIII of the Civil Rights Acts of 1968 as amended by the Fair Housing Amendments of 1988, and our non-discrimination policy, the Association does not discriminate on the basis of race, sex, color, religion, marital status, familial status, ancestry, disability, age or HIV (human immunodeficiency virus infection) in housing or real estate transactions.  It is our policy to extend to all individuals the full and equal enjoyment of the advantages, facilities, privileges and services consistent with Hawaii Revised Statutes chapter 515 and the Federal Fair Housing Laws.  When providing services and facilities or enforcing the rules at the project, the Association will not allow discrimination, except as permitted by law.  In particular, the Association will not treat any person unequally:

·                     In granting or withholding any approval or consent required under the Association’s rules.

·                     In enforcing requirements of the Association rules about occupancy restrictions or use of the recreational facilities which might unlawfully restrict families with children.

·                     In connection with requests of disabled occupants or visitors of the project to have certified guide dogs, signal dogs, or other animals required because of the occupant’s or visitor’s disability; except that if the animals become a nuisance to others they will not be permitted at the project and will have to be removed.

·                     In processing requests of disabled occupants to: (i) make reasonable modifications to an apartment or the common areas at their own expense; and (ii) have reasonable exemptions from requirements of the association rules, to enable those occupants to have full use and enjoyment of the project.

The Board will suspend any requirement of the Association rules which, if enforced, could result in unlawful discrimination.

CERTIFICATE OF ADOPTION

 

The Board hereby adopts the foregoing as the House Rules for Hawaiki Tower, as of the 30th day of August, 2004.

 

 

ASSOCIATION OF APARTMENT OWNERS OF HAWAIKI TOWER

By:

 

Name:   Patricia Kawakami

                                                            Title:     President, Board of Directors

 


EXHIBIT A

 

 

 

 


EXHIBIT B

 

ANTENNAE INSTALLATION POLICY

 

1.         This Antenna Installation Policy is adopted by the Board of Directors of the Association of Apartment Owners of Hawaiki Tower, Inc., on October 30, 2000, in conformance with FCC Antenna Rule (47 C.F.R. Part 1, Subpart S, Sec. 1,400 et seq.).

 

2.         Except as permitted under the Declaration of Condominium Property Regime of Hawaiki Tower ("Declaration"), only antennas covered by the FCC Antenna Installation Rule are permitted at Hawaiki Tower.  Such antennas are the following:

 

(a)        an antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter or less in diameter or is located in Alaska; or        

(b)        an antenna that is designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution service, instructional television fixed services, and local multipoint distribution services, and that is one meter or less in diameter or diagonal measurement; or

 

                        (c)        an antenna that is designed to receive television broadcast signals.

 

Only one antenna for each type of service may be installed.

 

3.         All such antennas shall be installed only in accordance with this Antenna Installation Policy.  To the extent any provisions of the Declaration or the Bylaws of the Association of Apartment Owners of Hawaiki Tower, Inc. would impair the installation, maintenance, or use of the forgoing antennas, such provisions are preempted by the FCC Antenna Installation Rule.

 

4.         Antennas may be installed on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership interest in the property.  At Hawaiki Tower, this generally means inside an apartment or on the apartment lanai.

 

5.         If acceptable quality signals can be received by placing an antenna inside an apartment without unreasonable delay or unreasonable cost increase, then outdoor installation (i.e., installation on the lanai) is prohibited.

 

6.         If an antenna must be installed on a lanai, the antenna shall be installed so as not to be visible from other Hawaiki Tower apartments or the streets and roadways adjacent to Hawaiki Tower, except as necessary to obtain acceptable signal reception.   An antenna shall be no larger nor installed higher than is absolutely necessary for reception of an acceptable quality signal.

 

7.         Where adequate signal reception requires an antenna to be visible from other Hawaiki Tower apartments or an adjacent street or roadway, the apartment owner shall install the antenna in the manner and location least visible.  The apartment owner shall further minimize visibility of the antenna by shielding the antenna from view with potted plants, etc., and painting the antenna to blend in with its background, to the extent possible without unreasonably increasing cost or affecting reception.

 

8.         Antennas shall not be mounted on masts except where necessary to obtain acceptable signal reception or to avoid an unreasonable increase in the cost of the antenna installation.  Where a mast must be used, the mast height may be no higher than absolutely necessary to receive acceptable quality signals.  Masts extending more than 12 feet above the roofline must be pre-approved due to safety concerns posed by wind loads and the risk of falling antennas and masts.  Please contact the property manager if you wish to install a mast higher than 12 feet.

 

9.         No antennas may be anchored into the Association's common element floor slabs, walls, etc., unless such floor slabs, walls, etc., are within the exclusive use or control of the antenna user.  If penetration of a common element is necessary, the penetration shall be properly waterproofed and sealed in accordance with applicable industry standards and building codes.  The purpose of this rule is to prevent structural damage to the building and other apartments from moisture.

 

10.        The installation of any antenna shall not encroach upon any other apartment, the limited common elements or air space appurtenant to such other apartment, or the common elements.

 

11.        Antenna installations shall not materially damage the common elements, limited common elements, or individual apartments, or void any warranties of the condominium association or other owners, or in any way impair the integrity of the building. 

 

12.        Antenna installations shall comply with all applicable statutes, ordinances, rules and regulations promulgated by any governmental authority, including, without limitation, the obtaining of any permits required by such authorities unless those statutes, ordinances, rules of regulations have been preempted by the FCC Antenna Installation Rule.

 

13.        To prevent electrical and fire damage, antennas shall be permanently grounded.

 

14.        Owners who install or maintain antennas are responsible for all associated costs, including but not limited to costs to:

 

                        (a)        Place (or replace), repair, maintain, and move or remove antennas;

 

                        (b)        Repair damage to any property caused by antenna installation, maintenance or use;

 

(c)        Pay medical expenses incurred by persons injured by antenna installation, maintenance, or use;

 

(d)        Reimburse residents or the Association for damage caused by antenna installation maintenance or use;

 

                        (e)        Restore antenna installation sites to their original condition.

 

15.        Owners shall not permit their antennas to fall into disrepair or to become a safety hazard.  If antennas become detached, owners shall remove or repair such detachment within 72 hours of the detachment.  If the detachment threatens safety, the Association may remove the antenna at the expense of the owner.  Owners shall be responsible for antenna repainting or replacement if the exterior surface of the antenna deteriorates.

 

16.        The Board of Directors of Hawaiki Tower reserves the right to seek a determination from the Federal Communications Commission and/or the Hawaii Federal District Court on whether any restrictions contained in this Antenna Installation Policy are preempted by the FCC Antenna Installation Rule, and further reserves the right to seek a waiver of the FCC Antenna Installation Rule to address legitimate health and safety concerns.  If any provision of this Antenna Installation Policy is ruled invalid, the other provisions shall remain in full force and effect.

 

 

Adopted: October 30, 2000

 


EXHIBIT C

AUXILIARY DEADBOLT PLACEMENT SPECIFICATIONS

 

 

Vertical Alignment with Existing Hardware:

 

Centerline of auxiliary deadbolt is to vertically align with centerline of existing cylinder lock and handle escutcheon/rosette.

 

Horizontal Placement:

 

Bottom of auxiliary deadbolt is to be placed to create a 6 ½” clear space, as measured on center of key cylinder ring.

 

Hardware Specification:

 

Schlage - L460L-625 - Cylinder and Thumb turn (or equivalent – alternate must be submitted and approved prior to installation).

 

Sargent Mortice Cylinder – 41-625-1 ⅛”

 

 

 

Adopted: July 29, 2002

 


EXHIBIT D

 

FLOORING SPECIFICATIONS

 

 

1.       For the homeowners who have the desire for floor surfaces other than the original installations (ceramic tile, marble and carpet) the Board of Directors has developed standards to achieve a level of sound impact insulation consistent with a luxury condominium.

 

2.       Since materials seem to change from day to day, please consult your contractor or architect.  For any homeowner who wishes to install floor surfaces other than the original installations, the following procedures shall be met:

 

A.                  At owner’s expense, a field test sample is required and must be submitted to the management office. The cost of producing the sample and field-testing shall be at the owner’s expense. 

B.                  A field test result equal to or exceeding the following shall be necessary for approval: sound impact insulation class (IIC) of 62 or greater and the plotted IIC curves must be similar to the IIC curves of the submittals for the proposed systems.

C.                  The engineer’s field test report shall be provided to the management office with sufficient lead-time for the board of directors to consider the request for approval of the installation PRIOR to the commencement of work.

 

3.       Contractors must provide to the management office material safety data sheets (MSDS) for any and all chemicals or adhesives brought onto the project premises.

 

5.       All material or procedures used shall include submittals and installation drawings and shall be submitted to the management office PRIOR to the commencement of work.

 

6.       NO WORK MAY COMMENCE UNTIL A NOTICE TO PROCEED IS PROVIDED TO THE OWNER BY THE MANAGEMENT OFFICE.

 

7.       All installations shall be photo-documented at 25%, 50% and 75% completion intervals.  Photographs of each interval shall be submitted to the management office PRIOR to the completion of the subsequent interval of the work.

 

8.       Any demolition work shall be scheduled at least one week in advance of the commencement of work.  This is specifically intended, but not limited to, to address the removal of existing wood, ceramic or marble flooring.

 

9.    The Association wishes to inform owners that padded carpeting provides the best noise and sound insulation.  If an owner chooses to install a hard surface floor covering it is highly recommended that the owner consider using sound pacifiers, including area rugs and/or rubber, plastic or Teflon chair, table and furniture tips to further reduce the potential for sound transmission through the new flooring to nearby apartments.

 

Adopted: August 30, 2004

 

 

EXHIBIT E

 

 

COMMERCIAL IDENTIFICATION SIGNAGE SPECIFICATIONS

Signage Dimensions:

  • Sign shall be no wider (horizontally) than 9"
  • Sign shall be no higher (vertically) than 9"
  • Sign shall not extend from face of wall more than 1 112" .
  • Sign shall have a minimum depth of 3/8"
  • Sign shall be pinned a minimum of 1/8" from the face of the wall

Signage Placement:

  • Sign shall not be permitted on door
  • ADA signage must remain where currently located, and commercial Signage must be centered underneath the ADA signage
  • Top of sign shall be no higher than 58" above floor
  • Bottom of sign shall be no lower than 45" above floor

Signage Material:

  • Sign material shall be consistent with the materials utilized for the ADA signage and/or doorknocker (i.e., polished chrome/aluminum or like material, brushed chrome/aluminum or like material). No electrically lit or back-lit (i.e., neon) signs will be permitted.

Other Rules Pertaining to Signage:

  1. The owner of any signage shall be responsible for damage thereto or theft thereof.
  2. All actual signage must be submitted to the Resident Manager for review prior to installation, and only such signage as shall have been approved in writing by the Resident Manager may be installed. Signage plans may be submitted to the Resident Manager for review and preliminary approval prior to fabrication.

3.       Signage, other than the unit number located on the entry door, is not permitted on the entry door of or on any wall outside a residential apartment from the 5th floor through the 45th floor.

4.        The owner of any signage which does not conform to the specifications set forth hereinabove or which is rejected by the Resident Manager in writing shall immediately and at such owner's sole cost and expense remove such signage from the common elements of Hawaiki Tower and restore said common elements to their original condition.

 

Adopted: October 30, 2000

 

 

EXHIBIT F

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE ASSOCIATION OF APARTMENT OWNERS OF

HAWAIKI TOWER REGARDING RESPONSIBILITY FOR PIPES, DRAINS,
 FIXTURES, AND INSTALLATIONS LOCATED IN OR SERVING ONLY ONE APARTMENT

 

WHEREAS:

Plumbing fixtures, pipes, drains and other installations, including fire sprinkler heads, located in or serving only one apartment at the project have caused leaks and damage that has had to be repaired or replaced, forcing the Board to determine responsibility for repairing or replacing those items and any damage they cause.

 

Section D.1(a)(iii) of the declaration states that the residential apartments do not include "pipes... or other utility or service lines... running through or otherwise located within such apartment which are utilized for or serve more than one residential apartment, the same being deemed common elements..."

Section D.1(a)(iii) of the declaration further indicates that each residential apartment includes "all fixtures originally installed [in the apartment] ...."

Section D.2(j) of the declaration indicates that  “All... pipes... which serve more than one apartment for services such as... water..."  are part of the common elements.

Article VI, section 3(A) of the bylaws: (i) requires each apartment owner, at the owner's expense, to maintain and repair his apartment, "including without limitation all internal installations therein, such as water... and all other fixtures and accessories belonging to such apartment... in good order and condition"; (ii) makes the apartment owner "liable for all loss or damage whatsoever caused by his failure to perform any such work diligently ...”; and (iii) requires the owner to reimburse the association for all expenses the association incurs in performing any such work, including the cost of repairing or replacing any uninsured loss or damage to the common elements.

Sections F.3 and I.7 of the declaration and article V, section 8 of the bylaws give the association the right to enter an apartment to make repairs necessary to prevent damage to the apartments or any common elements.

Section K. of the declaration states that all charges, costs and expenses incurred by the association for any apartment, including the costs of maintenance, repairs, replacements, additions and improvements in the apartment, are the responsibility of the owner of the apartment.

Section M. of the declaration requires the association to insure the buildings and common elements, and except as provided in section N. of the declaration, use the insurance proceeds to rebuild and repair the buildings and common elements to their original condition.

Section N.3 states that any costs incurred in excess of the insurance proceeds for the repair and rebuilding of any apartment shall be specially assessed against the owner of the apartment.

Owners and occupants of apartments can better determine the condition of plumbing fixtures, pipes, drains and other installations, including fire sprinkler heads, located in or serving only their apartments at the project, so owners and occupants should be primarily responsible for inspecting those items and reporting leaks and other problems to the association.

Any delay in taking action to: (i) eliminate water leaks in an apartment; or (ii) repair and replace any damage caused by water leaks may lead to mold problems and expensive remedial action.

Although the fire sprinkler heads and pipes serving them are the owner’s responsibility, the fire sprinkler system is a high-pressure system which is essential for the safety of the whole project.

The board has decided to adopt a resolution, based on the law, the declaration and the bylaws, to allocate responsibility for the maintenance, repair and replacement of those items and any damage they cause.

The BOARD OF DIRECTORS OF THE ASSOCIATION OF APARTMENT OWNERS OF HAWAIKI TOWER hereby adopts the following resolutions to allocate responsibility for plumbing fixtures, pipes, drains, and other installations, including fire sprinkler heads and pipes, serving only one apartment at the project:

I.                    RESOLVED:

A. Procedures for plumbing fixtures, pipes, drains and other installations located in or serving only one apartment, except fire sprinkler heads and any pipes servicing them:

Owners and residents of apartments shall be responsible for reporting any leaks or other problems with plumbing fixtures, pipes, drains and other installations located in or serving only their respective apartments.

Except as stated below, if plumbing fixtures, pipes, drains and other installations located in or serving only one apartment leak or require maintenance, repair or replacement, the apartment owner shall be responsible for the doing the work.

If a water leak from any plumbing fixtures, pipes, drains and other installations located in or serving only one apartment: (i) threatens other apartments or the common elements, or (ii) may result in the growth of mold, the association may enter the apartment and take immediate action to repair the leak and eliminate any conditions that are conducive to the growth of mold. 

For other leaks from items located in or serving one apartment, if an owner or resident fails to begin the work within 72 hours of the discovery of a leak, the board may perform the work and assess the cost of the repair, maintenance and/or replacement to the owner of the apartment. Collection of any expenses incurred by the association shall be undertaken in the same manner as the collection of common expenses.

Each owner shall be responsible for the cost of repairing any uninsured damage to: (i) the owner’s apartment, (ii) the common elements, or (iii) any other apartment caused by any plumbing fixtures, pipes, drains and other installations located in or serving only the owner’s apartment, including the cost of any mold remediation.

B.  Procedure for fire sprinkler heads and any pipes servicing them:

If a fire sprinkler head (or any pipe connected to it) that serves only one apartment requires maintenance, repair or replacement, the apartment owner or resident must report the problem to the association immediately. The association will repair or replace the fire sprinkler head or pipe, but each owner shall be responsible for repairing any uninsured damage to the owner’s apartment, the common elements or any other apartment caused by the fire sprinkler head (or pipe servicing it), including the cost of any mold remediation.

II.         RESOLVED FURTHER THAT:

If the association undertakes any remedial work in an owner’s apartment, pursuant to this resolution, the apartment owner shall be responsible for restoring the decorated surface of any wall, floor, or ceiling of the apartment to its original condition.  In addition, if the association must remove any items or covering, including paneling, mirrors, or tile, from any wall, floor or ceiling of the apartment to maintain, repair, or replace any plumbing fixtures, pipes, drains and other installations, including fire sprinklers, the apartment owner shall be responsible for restoring or replacing the item or covering.

III.       RESOLVED FURTHER THAT:

The board, at its option, may conduct periodic inspections of apartments to determine the condition of any plumbing fixtures, pipes, drains and other installations located in or serving only the owner’s apartment.  The association and the apartment owners shall be responsible for maintenance, repair, and replacement of the items, as outlined in sections I and II, above.

IV.        RESOLVED FURTHER, THAT:

The rights, obligations, and authority which this resolution provides shall become effective as of the date of the board’s adoption of this resolution, and shall remain effective until this resolution is revoked in writing by the board or changed by an amendment to the association’s declaration or bylaws.

CERTIFICATE

I hereby certify that the above resolution was adopted pursuant to the law and the DECLARATION and BY-LAWS OF THE ASSOCIATION OF APARTMENT OWNERS OF HAWAIKI TOWER, by the Board of Directors of the Association, at a Board meeting on August 30, 2004.

DATED:  Honolulu, Hawaii, August 30, 2004.

 

                                   

Alies Mohan, Secretary

 


EXHIBIT G

 

POLICY RESOLUTION FOR MAINTENANCE OF APARTMENT MOVABLE WINDOWS AND SLIDING GLASS DOORS

 

WHEREAS, the Association of Apartment Owners of Hawaiki Tower, Inc. is empowered to determine the proper maintenance of the common elements of the Association pursuant to section I., ADMINISTRATION OF THE PROJECT, of the Declaration of Community Property Regime of Hawaiki Tower.

 

WHEREAS, there is a need to give direction regarding the maintenance of the movable windows and sliding glass doors components in the apartment units.

 

WHEREAS, it is the intent that this policy be applicable to the maintenance of the movable windows and sliding glass doors until such time as this resolution is rescinded, modified, or amended by the Board of Directors.

 

NOW THEREFORE, BE IT RESOLVED THAT the Board of Directors adopt the following policy regarding the maintenance of the movable windows and sliding glass doors in the apartments:

It shall be the responsibility of the apartment owner to maintain the movable parts of the window and sliding glass door assemblies, including but not limited to, the hinges, latches, rollers, felt pads, gaskets, plastic closing and slide guides, all of which may or may not require periodic lubrication or exercise to maintain function of the movable window(s) and sliding glass doors. 

It shall be the responsibility of the AOAO Of Hawaiki Tower, Inc. to maintain the glass, casings, mullions, exterior sealants and glazing and other components, except those listed in the preceding paragraph, that fulfill the purpose of maintaining a weather-tight exterior building envelope.

 

CERTIFICATE OF OFFICERS

 

We, Patricia Kawakami and Alies Mohan, officers and directors of the Association of Apartment Owners of Hawaiki Tower, Inc., hereby certify that the foregoing Resolution was duly and regularly adopted by the Board on September 29, 2003 and passed by a unanimous vote of said Board.

 

IN WITNESS THEREOF, we hereto set our hand and corporate seal this 30th day of September, 2003.

 

Officer:

 

 

Alies Mohan

Officer:

 

 

Pat Kawakami

 

 

 

 

EXHIBIT H

 

POLICY RESOLUTION FOR MAINTENANCE OF APARTMENT MOTORIZED AND AUTOMATIC FLOW CONTROL VALVES

 

WHEREAS, the Association of Apartment Owners of Hawaiki Tower, Inc. is empowered to determine the proper maintenance of the common elements of the Association pursuant to section I., ADMINISTRATION OF THE PROJECT, of the Declaration of Community Property Regime of Hawaiki Tower.

 

WHEREAS, the motorized valve and the automatic flow control valve on the condenser water pipe in each apartment at the project are integral components of a building-wide variable flow/speed condenser water system, and the proper functioning of those valves is critical to the functioning of the entire system.

 

WHEREAS, any action that affects the proper functioning of those valves also affects the proper functioning of the entire system, so there is a need to establish requirements for the maintenance of those valves.

 

WHEREAS, this policy shall be applicable to the maintenance of the motorized and automatic flow control valves until such time as this resolution is rescinded, modified, or amended by the Board of Directors.

 

NOW THEREFORE, BE IT RESOLVED THAT the Board of Directors adopts the following policy regarding the maintenance of the motorized and automatic flow control valves in apartments:

No motorized valve shall be REMOVED OR BYPASSED, except in the case of an emergency.

If an emergency occurs, an apartment owner or occupant shall notify the Resident Manager immediately and leave a detailed message, at any time, day or night.

If a motorized valve ‘fails to open’ due to actuator failure, the actuator may be temporarily locked open with its ‘manual override’ lever to allow condenser water flow.

If the actuator for a motorized valve fails and must be replaced, it must be replaced ONLY with the same high shut off actuator or an equivalent high shut off replacement actuator.  The building management has the current part numbers for approved actuators, and no one shall replace a failed actuator with any other type of actuator. 

The automatic flow control valve (the bullet shaped copper device on the condenser water pipe) should be clog-free and should not have to be removed.  If it becomes clogged, it can be back flushed to clear the clog without being removed. Back flushing, however, should only be done by a qualified technician, with extreme caution, because of high water pressure (up to 190 psi) in the system. Recommended procedures for back flushing are available from building management upon request.

 

If the automatic flow control valve has failed and must be replaced, it must be replaced ONLY with an approved replacement valve. The building management has the current part numbers for approved replacement valves, and no one shall replace a failed valve with any other type of valve. 

Anyone with any questions about the policies and rules of the Association for the motorized and automatic flow control valves in apartments must contact building management PRIOR to making repairs to those valves.

Owners are responsible for ensuring compliance with the policies and rules of the Association regarding the motorized and automatic flow control valves in their apartments and shall be liable for any damages or expenses arising from any violation of those policies.

 

CERTIFICATE OF OFFICERS

 

We, Patricia Kawakami and Alies Mohan, officers and directors of the Association of Apartment Owners of Hawaiki Tower, Inc., hereby certify that the foregoing Resolution was duly and regularly adopted by the Board on September 29, 2003 and passed by a unanimous vote of said Board.

 

IN WITNESS THEREOF, we hereto set our hand and corporate seal this 30th day of September, 2003.

 

 

Officer:

 

 

Alies Mohan

Officer:

 

 

Pat Kawakami

 


EXHIBIT I

 

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE ASSOCIATION OF APARTMENT OWNERS OF HAWAIKI 
TOWER REGARDING RESPONSIBILITY FOR
WINDOWS IN APARTMENTS­­ 403, 1409, 1611, AND 4409

 

WHEREAS:

Section D.I (a)(iii) describes and defines the limits of the residential apartments and indicates that apartment owners are responsible for the inner decorated or finished surfaces of the windows and window frames originally installed in the apartments.

 

The owners of apartments 403, 1409, 1611, and 4409 have replaced the original windows in their apartments with nonstandard windows and window frames.   The owners of those apartments or their predecessors in interest agreed to be responsible for: (i) all repair, maintenance, and replacement of the non-standard windows and window frames; and (ii) any additional expenses incurred by the association as a result of the nonstandard windows and window frames.

 

Section K. of the declaration provides that all charges, costs, and expenses incurred by the association only for or in connection with any specific apartment, including but not limited to, the cost of maintenance, repair, and replacement of additions and improvements to the apartment, constitute a limited common expense of the project for which only the owner of the apartment shall be liable.

 

Section L. of the declaration requires all apartment owners to comply with and be bound by the provisions of the declaration and bylaws and any agreements of the association.

 

RESOLVED:

The BOARD OF DIRECTORS OF THE ASSOCIATION OF APARTMENT OWNERS OF HAWAIKI TOWER adopts the following resolution relating to apartments 403, 1409, 1611, and 4409 at the project:

 

The owners of apartments 403, 1409, 1611, and 4409 and their successors in interest shall be responsible for the costs of repair, maintenance, and replacement of the nonstandard windows and window frames in their apartments and for any additional expenses incurred by the association as a result of those nonstandard windows and window frames.

This resolution shall be included in the house rules to confirm the responsibilities of the owners of apartments 403, 1409, 1611, and 4409 and their successors in interest for the nonstandard windows and window frames in their apartments.

The Board may conduct periodic inspections of those nonstandard windows and window frames and require the respective apartment owners to maintain, repair and replace them.  If an owner fails to have the work performed within the time specified by the Board, the Board may have the work performed and demand reimbursement from the owner.

The rights, powers, and obligations which this resolution provides shall become effective as of the date of the Board’s adoption of this resolution, and shall remain effective until this resolution is revoked in writing by the Board.

CERTIFICATE

I hereby certify that the above resolution was adopted pursuant to the law and the DECLARATION and BY-LAWS OF THE ASSOCIATION OF APARTMENT OWNERS OF HAWAIKI TOWER, by the Board of Directors of the Association, at a Board meeting on May 24, 2004.

DATED:  Honolulu, Hawaii, June 15, 2004.

                                                                       

Officer:

 

 

Alies Mohan

 

 


EXHIBIT J

FACILITIES RESERVATION AGREEMENT

 

 

NAME: __________________________________ UNIT #: ___________       

DATE OF FUNCTION: ____________________

 

PURPOSE OF FUNCTION: ______________________________________      

NO. OF GUESTS _________________________

 

BEGINNING TIME: ____________ a.m./p.m.                ENDING TIME: _____________ a.m./p.m. 

 

LOCATION or AREA DESIRED:

___________________________________________________________________________

 

RULES AND REGULATIONS:

 

1.     For functions or parties where more than eight (8) persons (including host[s]) will attend or where catering or outside vendors or service providers are entertaining, serving food, erecting shade or service tents, etc., a written outline of the proposed function must be provided to Hawaiki Tower management at least three (3) days prior to making the reservation.  Reservations may be made no earlier than sixty (60) days in advance.   Hawaiki Tower management must be able to evaluate the impact of the proposed activity on facilities prior to authorizing the function.  Hawaiki Tower management will not unreasonably withhold authorization.  Hawaiki Tower management may make recommendations, propose alternatives, or deny certain activities or proposals prior to authorization being granted.

2.    A maximum of one (1) BBQ grill area may be reserved for each function.

3.    Reservations cannot be made for the following holidays: New Years Eve and New Years Day, Memorial Day, Independence Day, and Labor Day. 

4.    A cleaning/damage deposit of $100 is required for reservations of more than eight (8) persons.  It is the responsibility and obligation of the resident host to leave the premises in a clean and undamaged condition.

5.    GLASSWARE:  The use of glassware, bottles, ceramics, chinaware, or other breakables in the BBQ areas is not recommended. Used paper cups, plates and plastic tableware shall be deposited in the trash receptacles provided.

6.    No food or beverage of any kind is permitted in the pool area (except water in an unbreakable container), tower or adjacent common areas.

7.    Hawaiki Tower management reserves the right to terminate the function at any time due to non-compliance with the above rules and regulations or non-compliance of the Hawaiki Tower House Rules.

8.    Political fund raising, religious rallies or commercial activities will not be authorized.

9.    A maximum time of four (4) hours is allowed for reservations.  All functions must be completely finished, cleaned up and the premises vacated by the end of the scheduled function or no later than 10:00 p.m.

 

 

 

ACCEPTED BY RESIDENT: ______________________________________________ 

DATE: _________________

 

ACCEPTED BY HAWAII TOWER MANAGEMENT: __________________________   

DATE: _________________

 

 

 

 

     Deposit fee paid  _________   Fee paid by check # (s) ____________  

  Receipt # __________________

 

 

 

 

OUTLINE OF FUNCTION:

 

 

Will caterers or other service providers be working or assisting you for this function?    Yes.   No.

 

If yes, please provide their names and telephone numbers and what they will be helping you with.

 

Name:         ______________________________________________________________________

 

Telephone: ______________________________________________________________________

 

Providing what type of service? _____________________________________________________

 

Name:         ______________________________________________________________________

 

Telephone: ______________________________________________________________________

 

Providing what type of service? _____________________________________________________

 

Name:         ______________________________________________________________________

 

Telephone: ______________________________________________________________________

 

Providing what type of service? _____________________________________________________

 

Do you intend to erect shade tents or wind barriers?  Yes.  No.

If yes, please describe the equipment and how you intend to secure it.

 

____________________________________________________________________________________

 

____________________________________________________________________________________

 

Are there any other special considerations or arrangements you are making that we can assist you with?

 

____________________________________________________________________________________

 

____________________________________________________________________________________

 

____________________________________________________________________________________

 

____________________________________________________________________________________

 

 

If you need additional space, please attach a separate sheet.

 

 

                                          

 
 
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