KONA ALII CONDOMINIUM AOAO HOUSE RULES
TABLE OF CONTENTS
I. Introduction 3
II. Definitions 3
III. General 3 -4
IV. Commercial Unit Hours 4
V. Registration 4
VI. Security 4-5
VII. Parking 5
VIII. Lanais 5-6
IX. Noise Control 6
X. Trash Disposal 7
XI. Pool and Barbeque Area Rules 7-8
XII. Storage 8
XIII. Pets 8
XIV. 7th Floor Common Sundeck 8-9
XV. Legal Action 9
XVI. Building Repairs, Maintenance and Alterations 9
XVII. Making Improvements Guidelines for Contractors/Homeowners 10-12
The following rules are published by the Board of Directors, acting pursuant of the authority vested in it by Kona Alii's bylaws. These rules apply to and are binding on all owners, tenants, and other occupants.
Condominium living is a way of life in which respect for the rights of others, attitude, cleanliness, consideration of fellow residents and respect for the management will all help to make our building a more pleasant place to reside whether owner or tenant.
Each owner, tenant, and occupant is responsible to see that these rules are observed. Reasonable judgment shall be exercised in enforcing these rules uniformly.
Owners: Owners are the legal, recorded owners of the unit.
Tenants: Tenants are those who are not owners who are renting the owners unit either directly from the owner or through a rental agency.
Occupants: Occupants are those who are not owners or tenants who reside in a unit either with the owners or tenants in residence or with the permission of the owners. An example is a relative of the owner staying in the unit when the owner is not present.
Residents: Residents are anyone who is occupying a unit including owners, tenants, and occupants.
Commercial Units: Commercial Units are those first-floor areas that are available as commercial retail or office space.
Resident Manager: The Resident Manager is the on-site manager hired by the Association Manager and approved by the Kona Alii Board of Directors.
Association Manager: The Association Manager is the individual from the contracted management company assigned to manage the Kona Alii complex.
1. The hallways, corridors, and stairways shall not be obstructed or used for any other purpose than for entering and/or leaving units. No storage of plants, furniture, bicycles, grocery carts, etc. is allowed in these areas.
2. No activity shall be engaged in and no substance brought onto or manufactured on the property or within any unit which might be in violation of federal, state, or local law, or the current Bylaws of Kona Alii, or which might cause a cancellation or increase in the property's insurance.
3. The use of fireworks of any type including pop-pops, at any time, in, from, or around any lanai or building or common area is prohibited.
4. The use of abusive or threatening language is not tolerated.
5. Owners are responsible for any damage they may cause (such as water damage from a broken washer hose) to another owner's unit or to building common areas or commercial units. Unit owners are strongly encouraged to have a Homeowner's Insurance Policy.
6. Residents are encouraged not to smoke in common areas or on lanais. Individual owners may restrict smoking within their individual units.
7. A copy of the abbreviated house rules must be posted in each individual unit,
8. Residents or guests should notify the Resident Manager or the Hawaii Police Department in the event that occupants causing problems continue disruptive behavior after initial requests to cease such behavior.
9. Use and distribution of illegal drugs or other illegal substances is prohibited.
10. The Resident Manager has the right to enter any unit for inspection at a reasonable time for the good of the Association.
11. The Association has the right to enter all units for pesticide control. Owner refusal must be accompanied with a Doctor's written notice.
IV. COMMERCIAL UNIT HOURS
1. Commercial unit hours are per agreement with Commercial Rules,
1. Any time upon taking occupancy of a unit, all owners, tenants, and other occupants shall complete a current Registration Form to be kept on file by the Resident Manager.
2. The Registration Forms are located in the Lobby.
3. The Resident Manager will obtain any registration forms that are not completed as required.
1. The building has locked doors at all entrances. Each security key will open the lobby, stairway entrances (including those in both parking areas), the ground floor restrooms and the pool. Doors will be locked as follows: • Lobby/elevator entrance: At all times • Stairwell doors: At all times • Pool gates: At all times • Front (breezeway) gate: 9:00 p.m. to 7:00 a.m., — 7 days/week • Door to stairwell at the back of the breezeway: 9:00 p.m. to 7:00 a.m. 7 days/week. • Door from upper parking level 9:00 p.m. to 7:00 a.m. — 7 days/week
2. Occupants should carry their unit key when absent from their unit or the building. Should an occupant become locked out, assistance may be requested from the Resident Manager or rental agent. 3. The common bathroom doors are locked at all times. Individuals authorized to use the bathrooms must use a key to access the bathrooms.
1. The numbered parking stall assigned to a unit is for the exclusive use of the unit owner or tenant. No other person may use or occupy said stall without authorization of the owner/tenant. A copy of the written authorization must be kept on file with the Association Manager. Violators will be ticketed, and may be fined, towed, or booted.
2. The commercial parking spaces on the upper parking deck are reserved for those commercial tenants assigned to those spaces 24 hours a day, 7 days a week. No parking by other vehicles is allowed in these spaces any time during the 24-hour period. Violators will be ticketed, and may be fined, towed, or booted.
3. Cars, carts, bicycles, trailers, or vehicles of any type which are parked or stored in stalls assigned to another owner may be removed at the expense of the offender.
4. Parking stalls are for the sole purpose of parking motor vehicles, and shall not be used to store any other items of personal property.
5. Any major repair to automobiles or motorcycles is not permitted on the project. No racing of engines is permitted.
6. Vehicles not listed with the Resident Manager, and those vehicles not mechanically able to move will be subject to tow from the complex at the owner's expense. The Resident Manager will notify the resident of intent to tow prior to notifying the towing company. If the violator is a tenant, guest or employee of any owner, the owner shall be held responsible for payment of the towing charge or fine.
7. The 60-minute parking stalls south of the breezeway are for short-term use only. These stalls are primarily for use for loading, unloading, and guest check-in, Violators will be ticketed, and may be fined, towed,' or booted. Use of the 60-minute parking lot by contractors working on the Kona Alii property is an exception to this rule as long as work is being done.
8. Vehicles are not allowed to park in the 60-minute parking area overnight, The 60-minute parking area will be closed by a gate from 9:00 p.m. to 7:00 a.m. daily. Violators will be ticketed, and may be fined, towed, or booted.
1. Drying or hanging of clothing, towels, etc., from railings is prohibited.
2. Patio-type furniture shall be used on lanais. Anything not compatible or appropriate with the appearance of the building shall be removed from the lanais upon written request of the Association Manager.
3. All plants must be placed in containers to prevent water or soil from dripping onto other units or the common elements. Potted plants are permitted on lanais and/or on the 7th floor owners' wood deck. Plants shall not protrude through the railing nor be higher than the railing. Plants must be well maintained and trimmed regularly.
4, Residents shall prevent water from running down the exterior of the building when cleaning lanais.
5. Shaking mops, rugs or other items from lanais, 7th floor owners' wood decks, or in any interior common element is prohibited.
6. Throwing items from lanais is prohibited.
7, Barbecuing or cooking of any kind is prohibited on all lanais and all 7th floor owners' wood decks.
8. Feeding birds on or from lanais is prohibited in order to prevent unsightliness and health problems.
9. The lanai railing in each of the individual units belongs to that unit. The owner of the unit is responsible for maintaining and ensuring the safety of their lanai railings including having the lanai railings inspected on a regular basis and maintained and repaired accordingly.
10. Lanai light fixtures are a permanent building fixture. Owners must obtain Board of Directors approval prior to replacing lanai light fixtures.
11. Metal-type shutters, identical to those which have already been installed by many of the owners, may be installed on lanais with the prior written approval of the Board of Directors, Owners may contact the Association Manager for information about the approved shutters.
12. Holiday and special event attachments to lanai railings are allowed for the season or event only. Holiday and special event attachments must be removed promptly at the end of the holiday season or the conclusion of the special event. This includes but is not limited to garland, lights or signs and banners. No holiday or special event attachments shall encroach on other spaces.
IX. NOISE CONTROL
1. No owner or tenant shall permit his or her family or guests to make noises in the building which will interfere with the rights, comfort and convenience of other occupants.
2. Furniture placed on lanais which have been tiled shall have silent-type glides to prevent the noise of sliding or moving of chairs or other furniture from being transmitted through to other units.
3. Glides shall also be placed on any chairs or other furniture placed on uncarpeted surfaces within units.
4. Flooring in units above the 2nd floor – Any hard surface other than carpet must be approved by the Board of Directors prior to installation and include a sound deadening sublayer that is approved by the Board of Directors. All units that are approved or previously
grandfathered in shall have area rugs under all dining areas plus sliders on all chair legs, including outdoor patio areas if there is hard surface flooring. “Grandfathered in” means that the flooring in such unit was lawful at the time of installation but is not now authorized under the present Revised House Rules. The Board of Directors reserves the right to enter a unit with a 24 hour notice to verify compliance by any unit owner at any time. First violation shall be a written notice, second violation a $100 fine, and further violations shall double the fine amount. This rule applies whether the unit is owner or tenant occupied. A variance to this requirement may be sought by the owner pursuant to Article XVII(D) for good cause shown.
X. TRASH DISPOSAL
1, Wrap all garbage before placing it down the chute.
2. Placing boxes or other large objects in the chute is prohibited,
3. Flatten ALL boxes and place in the outside garbage container.
4. NO construction/remodeling material may be placed in the trash chute or outside dumpster. The owner of the unit is responsible for construction/remodeling material disposal.
5, Owners using a contractor must make sure that the contractor disposes of construction/remodeling materials according to these House Rules.
6. When the owner/contractor uses an additional trash container for disposal of construction/remodeling materials, the trash container must be removed as soon as the project is complete, or as soon as the container is full at the owners/contractors expense.
7. Garbage Disposals – No Garbage Disposals shall be allowed in any unit. If any plumbing issue occurs within a stack and nay unit in that stack has a garbage disposal, the owner shall be charged with all related repairs costs. If multiple units have disposals the all repairs costs will be allocated between the units and the unit owners will be fined according to the Association Fine Policy and the Restated No Garbage Disposal Policy dated April 2014.
XI. POOL AND BARBEQUE AREA RULES
1. Pool and barbeque grill hours are 9:00 a.m. to 9:00 p.m.
2. Pool users will obey all posted pool rules. NO EXCEPTIONS,
3. THERE IS NO LIFE GUARD ON DUTY at any time. Residents are responsible for their safety and the safety of their guests. Non-swimmers must be supervised by someone capable of assisting a person in distress.
4. Children under the age of 14 must be accompanied by an adult as required by posted pool rules.
5. To help keep the pool clean and sanitary, please shower before entering the pool. Avoid excessive use of suntan oils, If you have long hair, wear a cap.
6. To control unauthorized use of the pool, owners or occupants will accompany their guests while using the pool.
7. Residents may not have more than 6 guests per unit in the pool area at any time unless permission is obtained in advance from the Resident Manager,
8. Only standard swimwear is allowed in the pool, Infants in diapers or disposable-style diapers are not allowed in the pool unless leak-proof swimwear is worn.
9. No running or "horseplay" is permitted in the pool area. Excessive splashing, yelling, loud radios or other excessive noises are not permitted. Rafts, scuba gear, balls, may not be used.
10. For the safety of all, glass or breakable objects are not permitted in the pool area. Please use only plastic or paper products.
11. No wet or dripping bathing suits are allowed in the intercom area, lobby or elevator. If you must enter the building in a wet bathing suit, use the stairways at either end of the building.
12. Bicycle Storage - Bicycles may only be stored on the rack in the pool area while the owner is occupying a unit at Kona Alii. No other outside bike storage is allowed. Each bike stored in the pool area must show the name and unit number of the owner and be registered with the Resident Manager. No covers are allowed on bikes in the pool area. If a bike is left in the pool area for more than two weeks without registration and the name and unit number of the owner, or without its owner occupying a unit in the building, it will be removed and donated to a non-profit organization after telephone notice to the bike owner, if known.
13. Use of the BBQ area is on a first-come, first-served basis. Follow the instructions for turning on and off the grill. Never leave a grill that is turned on unattended. Anyone using the BBQ is responsible for cleaning the grill after use.
14. Immediately contact the Resident Manager if the grill is out of propane, if you are having trouble with the grill, or if the grill is not operating properly.
1. Each owner has one designated storage locker located on his/her floor. The use of any other locker is prohibited. All items must be stored within the owner's locker and may not be stored in the common storage room area at any time.
2, The Association is not responsible for loss of any stored property due to theft, damage, fire, disappearance or any other cause.
3. Homeowners will not store flammable or hazardous materials.
This is essentially a pet free building except as allowed by law or condominium bylaws. No household pets whatsoever are allowed except those that were "grandfathered" when the Association voted to prohibit pets.
1. Allowed pets shall not be kept, bred or used for any commercial purposes, nor are these pets allowed in any common areas at any time.
2. Any such pet causing a nuisance or unreasonable disturbance may be promptly and permanently removed from the building upon written notice given by the Board of Directors.
3. Pet owners must clean up after their pets. Any clean up that needs to be done by the Association will be billed to the pet owner.
XIV. SEVENTH FLOOR COMMON SUNDECK
1. The common sundeck located on the 7th floor is for the exclusive use of residents and their guests.
2. Furniture and other items or decorations provided by the Association shall not be removed from the area. 3. Property belonging to a resident must be removed immediately after use.
4. The sundeck shall be left in a clean and neat manner after each use.
5. The sundeck is closed between the hours of 9:00 p.m., and 8:00 a.m.
XV. LEGAL ACTION
Any violation of the House Rules may result in a fine in accordance with the Fine Policy in effect at the time of the violation, or in legal action at the expense of the violator.
XVI. BUILDING REPAIRS, MAINTENANCE AND ALTERATIONS
1. No alterations or additions OF ANY KIND may be made to the common elements and/or limited common elements of the building without prior written approval of the Board of Directors.
2. Every unit owner must promptly perform repair and maintenance work within his unit, the omission of which would affect any common element or any other unit. Unit owners are responsible for all loss and damage caused by failure to effect appropriate and timely repairs to the unit.
3. The Resident Manager is not authorized to perform work for individual owners, Individual owners shall not ask the Resident Manager to do unauthorized work within any unit or ask the Resident Manager to leave the premises to run errands or perform other individual services for the individual owner or tenant. The Resident Manager may not offer to do unauthorized work or leave the premises for an individual owner or tenant.
4. Individual owners of 7th floor units are responsible for maintenance and upkeep of their wood decks
5. Tile flooring is not permitted in the living room, dining room or bedrooms. These areas must be carpeted. Exception — second floor units,
6. Screen door installation shall be discretionary and at the expense of the owner. To provide a uniform appearance, screen doors must be a dark color.
7. Unit owners who receive approval from the Board of Directors for making improvements must follow the guidelines outlined in the following section.
8. Anyone identifying needed common area repairs should immediately notify the Resident Manager of the needed repair either by phone or by written note. Residents should not repair the common area problems themselves unless they have received prior approval from the Resident Manager, the Association Manager, or the Board of Directors
XVII. MAKING IMPROVEMENTS -- GUIDELINES FOR CONTRACTORS AND HOMEOWNERS
The following guidelines include, but are not limited to, making any type of improvement, including the installation of an air conditioner, replacement of floor covering, or making any alterations in or additions to the unit. These guidelines also include the exterior of the unit (including awnings, jalousies or screens).
Owners must observe these guidelines at all times. Reasonable judgment shall be exercised in enforcing these guidelines uniformly. Please contact the Association Manager if you have any questions or special needs.
B. Prior to commencing work
1. The owner must complete an Architectural Review Application Form at least two weeks in advance of anticipated work and submit the request to the Association Manager.
2, Any structural alterations in or additions to the interior or exterior of a unit, or to common elements, such as, but not limited to, plumbing and electrical wiring, must be approved in writing by the Board of Directors before commencement of any, work.
3. Architectural plans and drawings must be presented to the Board of Directors at least 4 weeks prior to commencement of work on the proposed improvements.
4. The Association may require the owner to provide architectural backing for any proposed plans. The cost of this service will be at the sole expense of the homeowner.
5. A copy of valid building permits, if applicable, must be presented to and kept on file by the Association Manager BEFORE commencement of work. All work must conform to Hawaii County and/or State Code.
6. Any structural changes or additions which may have impact upon the neighboring limited or common elements must be approved in writing by those homeowners directly affected, and by the Board of Directors, BEFORE commencement of work.
7. Electricians and plumbers must be licensed and insured.
8. In 1997, it was verified that the unit ceilings contain 15% Chrysotile asbestos, Asbestos removal
is regulated by Federal and State laws if the material contains 1% or more of asbestos. Hawaii law requires that contractors who work with asbestos-containing material be licensed. A list of licensed contractors is available from the Clean Air Branch of the Department of Health. Any remodeling that would disturb the asbestos shall be brought to the Board of Directors' attention BEFORE commencement of work.
9. If the project is expected to take more than one week to complete, the owner must furnish a schedule for start and finish dates to the Resident Manager BEFORE commencement of work. Changes to the schedule must be approved by the Resident Manager.
10. Prior approval of the Board of Directors is required BEFORE installing an air conditioner. Only a unit which will be permanently installed on the homeowner's lanai, for the purpose of central air conditioning, will be reviewed for approval. WINDOW UNITS ARE PROHIBITED in bedroom windows.
C. During Construction
1. Except in emergencies, repair or construction work shall not start before 8 a.m. nor continue after 5 p.m. Alterations to and construction within individual units will not be allowed on Sundays or holidays except for emergency repairs.
2. All construction or other work done on the property must be in complete compliance with the House Rules and Guidelines for Contractors and Homeowners, By-Laws, Declaration of Condominium Property Regime, individual Lease Agreement (If Leasehold), and other applicable Hawaii State laws. The owner is responsible for providing the architect and/or contractor with this information.
3. In order to prevent termite infestation, only METAL STUDDING shall be used for any new construction or replacement walls within the interior of a unit. TREATED WOOD must be used on any exterior construction, such as the 7th floor owners' wood decks.
4. Wooden decks on the 7th floor are required by the County Code to be constructed with Fire Resistant Lumber. Please check with the County Building Department for exact ratings.
5. Tile flooring will not be permitted in the living room, dining room or bedroom. These areas must be carpeted.
6. As a courtesy to other residents, any tile that is to be cut with a power saw, must be cut in the parking lot area designated by the Resident Manager in order to avoid the noise and dust caused by this process.
7. It is the owner's responsibility to provide a parking space for the contractor.
8. Owners are responsible for all keys issued by them to contractors.
9. Except in an emergency situation, water, electricity or any other utility may not be turned off without prior consent; Association Manager must be notified 72 hours in advance of any utility shutoff. Notice of utility shut offs will be posted in the elevators, lobby, and exits to the upper and lower parking structure at least 24 hours prior to any non-emergency utility shut off.
10. Damage to any part of the Association's property or common elements must be reported
immediately to the Resident Manager or the Association Manager. The cost of repairing any damage will be charged directly to the owner.
11. Under no circumstances can the Kona Alii dumpsters be used for owners or contractor's trash or construction materials, including used carpet, appliances, and/or bathroom and kitchen fixtures. All of the above-mentioned materials must be removed by the owner or the contractor. If it is inconvenient to haul the items away, the owner will be responsible for ordering, at his expense, a dumpster that will contain the waste. All trash and above-mentioned materials must be cleaned up on an on-going daily basis and not left on the property overnight unless placed in the owner's dumpster. The owner will be responsible for cleanup on a daily basis of all common areas affected by the construction work.
12. The cleaning of tools or equipment is permitted in our trash room sinks only. Cleaning of tools or equipment is prohibited in any of the common areas.
13. Under no circumstances may a contractor or members of his staff spend the night in a unit in which work is being done without the knowledge of the Resident Manager and the prior approval of the owner.
14. Contractors shall inform the Resident Manager of any proposed use of hazardous chemicals or material on the property. Use of such chemicals or materials shall be in accordance with approved guidelines. All hazardous chemicals or materials shall be under the control and responsibility of the contractor, and shall not be stored or left on-site when the contractor is not present. Removal of any hazardous chemicals or materials must be in compliance with State and Federal laws.
15. Any asbestos removed by a licensed contractor must be stored and removed from the premises as specified in Federal and State laws, Because of the serious health risks from asbestos, any owner or unlicensed contractor who illegally removes asbestos will be seriously fined by our Board of Directors and will be reported to State authorities.
16. The Resident Manager must be allowed to inspect all work in progress on a regular basis and at any time during the day. The Resident Manager will make every effort to inspect when the owner or contractor is available. If the owner or contractor is not available, the Resident Manager will leave a card indicating the date/time of the inspection.
17. Water shut offs require 72 hour notice to residents by law. Notify the Resident Manager of the need for water shut off prior to the 72 hour notice period so the proper notices may be posted in the elevators, the lobby, and the exits to the upper and lower parking structure.
D. After Completion of Work
1. Notify the Resident Manager as soon as work has been completed.
2. All pertinent papers will be filed in the homeowner's file at the Association Manager's office. Papers filed must include, but are not limited to a copy of the following:
• Architect's plans and drawings,
• All building permits.
• Asbestos removal permit.
• Neighboring homeowners' letters of approval.
• Appropriate insurance certificate.
• Lessor's approval, if leasehold.
• Association architect's expert findings.
• Board of Directors' approval
E. Variances from House Rules
A variance at the discretion of the Board of Directors may be granted to all or any part of these House Rules as amended provided that good cause exists for such variance. The Owner seeking such a variance shall apply for it in writing stating the reasons and circumstances justifying it and providing documentation to the Board as to how the variance will accomplish the objectives and purposes of the rule at issue and such other information as may be sought by the Board. A variance may be allowed if the Board of Directors finds that application of a particular rule would cause an undue hardship to the applicant, that revisions to the House Rule have imposed obligations not previously required or other similar circumstances exist that make application of a rule unjust or unfair; provided always that the variance sought will not materially impair the quiet enjoyment of the other Owners in the project or adversely impact the common elements or other units within the project..