The Project Documents consist of the Declaration, By-Laws and House Rules. Supplementing these are Amendments to the Declaration (if any), Amendments to the Bylaws (if any), Exhibits to the House Rules (if any) and Minutes of Meetings.
The Declaration defines the physical property of the project. It defines the common areas, the limited common areas and the apartments. The Declaration references Exhibit C. Exhibit C contains the calculations of each apartment’s percentage share of the common and limited common elements and assigns parking stalls and storage areas to the apartments.
Amendments to the Declaration redefine common or limited common areas, apartments or reallocate parking stalls and storage areas to apartments. During the initial selling phase of Hawaiki Tower, the Developer reassigned parking stalls to apartments to accommodate the needs of the buyers. Each time this was done an amendment to the Declaration was filed to document the reassignment. A Summary of Amendments is provided to assist those interested in reading a particular amendment or learning if any changes or reassignments are relevant to their apartment.
Subsequent to the Developer selling all of the apartments, other owners have chosen to reassign stalls between two different owners or among apartments owned by the same owner. Sometimes these reassignments are recorded, other times they are not. The Association is not always provided a copy of the Deed transferring parking stall assignments or a copy of the amendment. Links to the various amendments are contained in the summary.
The Exhibit C posted here has been updated to incorporate all the changes known to the Association. It is NOT to be relied upon as a legal document. It is provided here as a convenience only.
The By-Laws define how the Association will operate. Amendments to the By-Laws redefine how the project will operate or what body of law will govern the operations of the Association.
The House Rules has many exhibits. These exhibits can change periodically as specifications become outdated or obsolete, new products or information become available and laws change.