ASSOCIATION OF APARTMENT OWNERS OF KIHEI VILLAGES

Transcription

1 ASSOCIATION OF APARTMENT OWNERS OF KIHEI VILLAGES PET AND ASSISTANCE/ SERVICE ANIMAL POLICY The Association of Apartment Owners of Kihei Villages ( Association ) values all of its members, including members with pets and service animals. The Association wants to comply with Hawaii law and Maui County ordinances in the regulation of animals at the property, as well as the Association s Bylaws, in order to provide enjoyment of property for all owners. The By-Laws of the Association of Apartment Owners of Kihei Villages Phase I ( Bylaws ) in Section 5.03(g) state in pertinent part: No livestock, poultry, rabbits or other animals whatsoever shall be allowed or kept in any part of the Condominium, except dogs, cats and other household pets in reasonable number may be kept by the Owners and occupants in their respective apartments, provided that they are not kept, bred or used therein for any commercial purpose, or allowed on any common elements except in transit when carried or on leash. Section 4.07 of the Bylaws states that the Board of Directors of the Association of Apartment Owners of Kihei Villages (the Board ) may establish and amend such uniform rules and regulations not inconsistent with the Condominium Declaration, other provisions of these By- Laws as the Board may deem necessary for the management and control of the Condominium and the affairs of the Association. The Board has resolved to adopt a policy to establish rules and regulations consistent with Section 5.03(g) of the Bylaws regarding pets. The Board has further resolved that rules and regulation governing assistance and service animals is necessary to facilitate compliance with the laws and regulations of the United States and the State of Hawaii regarding the rights of disabled persons to equal opportunity to use and enjoy a dwelling. A requested accommodation is necessary if it is related to the person s disability and ameliorates the effects of a disability to allow the person equal use and enjoyment of the dwelling. The Board has adopted the following policy to fulfill its duty in a fair, systematic, and impartial manner. The following Pet and Assistance/Service Animal Policy, which applies to all Owners, and Owners visitors, guests and tenants to impose certain rules pertaining to pets and service animals (collectively, animals ), is as follows: Rules and Regulations 1. Subject to the rules and regulations herein, owners and tenants are permitted to keep no more than one household pet in each Unit, in addition to one fish tank. Household pets include cats, dogs, fish and birds. No owner or occupant shall keep, breed or use an authorized or unauthorized pet for any commercial use. 2. As of the Effective Date of this Policy, any dog displaying the majority of physical trains of any one or more of the below identified breeds is prohibited: a. Pit Bulls b. American Bulldogs (Old Country Bulldogs)

2 c. Staffordshire Terriers d. Doberman Pinschers e. Rottweilers f. German Shepherds g. Chows h. Great Danes i. Presa Canarios j. Akitas k. Alaskan Malamutes l. Siberian Huskies m. Wolf-hybrids These breeds are prohibited for the protection and safety of the public and property. These breeds have a propensity to attack other animals and people, these attacks lead to increased costs for owners, guests, tenants and the Association and insurance companies may deny homeowners and/or renters insurance coverage on these breeds as a result of a potential lawsuit for injuries imposed by these breeds (See 11 Riskiest Dog Breeds for Homeowners and Renters, Forbes, May 30, 2012; Am. Canine Found. v. City of Aurora, 618 F. Supp. 2d 1271 (D. Colo. 2009)). 3. Notwithstanding the foregoing restrictions on pets or anything contained herein to the contrary, service or assistance animals upon which disabled owners, occupants, tenants or guests depend for assistance shall be permitted to be kept by such persons in Units, provided that: (1) the specific assistance animal in question does not pose a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation, or (2) the specific assistance animal in question does not cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation. 4. With the exception of fish, all animals kept anywhere at Kihei Villages must be registered immediately with the Association at the Kihei Villages management office. Except in an emergency or with prior written permission of the Board or the Association management, all owners are required to register the animal before bringing or allowing a tenant or guest to bring an animal to the property. Failure to register the animal shall be a violation of the Policy and will result in fines in accordance with this Policy. 5. Animals may be registered by either (i) the Kihei Villages website by following the prompts on the main menu for Pet Registration; or (ii) obtaining a form from the management office during normal office hours. Online registrations will receive a response by from the Association, and manual registrations will receive a response notice from the Association. A copy of the form is attached hereto. A photograph of the animal shall be submitted with the Form. Animal owners unable to supply a photo are required to contact the Office to schedule an appointment to have a photo taken at no cost. 2

3 6. Animals will receive a Kihei Villages ID tag upon approved registration issued at no cost to the animal owner. Animal owners are responsible for replacement tags at their own cost. Failure to display a tag is a violation and may result in a fine in accordance with this Policy. 7. All animals must be in compliance with Hawaii state statutes and Maui County Code regarding vaccinations, licensing and leashing. Cats and dogs must wear identification tags at all times and must be currently licensed by the County of Maui. The animal owner must provide a copy of the license and a copy of the vaccinations to the Association. 8. Service and assistance animals shall wear an additional colored tag provided by the Association at no cost to the animal owner, which assists the Association staff to readily identify the animal as a service or assistance animal. 9. Animals described as pests and animals that are prohibited from important under Hawaii Revised Statutes shall not be allowed or kept in any part of the project. 10. Animals must not be allowed to roam unattended in the common areas. Animal owners must maintain control of their animal at all times. 11. Animals may not urinate or defecate on the Association property, lanais or patios. If an animal urinates or defecates on the Association property, such litter must immediately be cleaned up and discarded. Litter must be placed in tied plastic bags, disposed of in the dumpster, and may not be disposed of in toilets. 12. Dogs should not be left alone for more than nine (9) hours. When the Association management has reasonable cause to believe that an animal is alone in an apartment and either the animal is creating a disturbance or any other emergency situation appears to exist with respect to that animal, management will attempt to contact the Owner/Tenant to remedy the situation. If the management is unable to contact the Owner/Tenant within a reasonable period, management may enter the apartment and make any necessary arrangements for the animal s care, including removal of the animal to a local animal shelter. Owner/Tenant is responsible for any cost incurred by the Association. 13. Any owner who has a breed identified in Section 2 of this Policy as of the Effective Date of this Policy shall provide a copy of homeowners or rental insurance policy to the Association s management office showing liability coverage for the animal and naming the Association as an additional insured on the policy. Failure to provide a copy of the insurance policy results in fines in accordance with this Policy. 14. Animal owners are responsible for ensuring that their animal does not disturb or annoy other occupants. No animal shall be allowed to become a nuisance or create any unreasonable disturbance. Examples of nuisance type behavior for the purposes of this section include: a. Personal injury or property damage caused by unruly or aggressive behavior; b. Animals that exhibit vicious behavior; c. Animals that make noise continuously and/or incessantly, disturbing any persona at any time of day or night; d. Animals that bark and/or respond aggressively to persons on property and/or neighbors; 3

4 e. Roaming and unattended animals; f. Animals urinating or defecating in common areas and on Owners/Tenants lanais or patios and this not being cleared immediately; and g. Animals that are conspicuously unclean or parasite infected. 15. The Association assumes no liability for events relating to animal(s) behavior. 16. The animal owner shall be liable for any damage or injury whatsoever caused by animal(s) and shall pay the damaged and/or injured party immediately, upon demand, for any and all costs incurred by the damaged and/or injured party as a result of damage or injury caused by animal(s). The animal owner further agrees to indemnify, hold harmless, and defend the Association and the Association s agents, directors and representatives against all liability, judgments, expense (including costs and attorneys fees), or claims by third parties for any injury to any person or damage to property of any kind whatsoever caused by animal(s). Enforcement 1. Any Owner, Tenant, Guest or Managing Agent observing or experiencing a violation of any of these rules of this Policy is strongly encouraged to discuss the violation in a neighborly fashion with the animal owner in an effort to secure voluntary compliance. In addition to, or alternatively, complaints may be submitted to the Managing Agent to report a violation. Complaints shall be submitted in writing via , facsimile, and/or letter. 2. The Managing Agent shall notify the Board of Directors and the animal owner within a reasonable time after the complaint is made, and the Board shall timely review the complaint. 3. If the Board is in agreement with such complaint, the animal owner and/or unit Owner will receive written notice of the violation and a request for immediate compliance of this Policy. 4. If there is not full compliance with the Policy within three calendar (3) days upon receipt of the written notice of the violation, the Association shall institute a fine of Fifty Dollars ($50.00) to the unit Owner. Receipt of notices shall be considered two (2) days after mailing the notice. 5. If there is no compliance within six calendar (6) days of the receipt of the written notice, the unit Owner shall be fined One Hundred Dollars ($100.00) for the violation. Each subsequent six calendar day period with no compliance of the same violation will result in an additional Five Hundred Dollar ($500.00) fine to the unit Owner. 6. If there is no compliance within thirty (30) days of the receipt of the written notice, the Board, in its discretion, may demand immediate and permanent removal of the animal. 7. Three (3) violation notices for separate violations of the rules of this Policy will result in an automatic fine of Five Hundred Dollars ($500.00). Five (5) violation notices for separate violations of the rules of this Policy will result in an automatic fine of One Thousand Dollars ($1,000.00), and the Board may remove the animal from the property and has discretion to determine whether such removal is permanent. 4

5 8. Notwithstanding any other provision herein, if an animal causes injury to any persons or property damage in the common areas of the premises, or the animal s unreasonable disturbances cannot be remedied, the Board may require immediate and permanent removal of the animal. 9. Any Owner/Tenant receiving a violation or fine may appeal the violation/fine in writing via , fax or letter to the Managing Agent within ten (10) days of the violation. The Managing Agent will give the appeal letter to the Board of Directors for their review and judgment. A final judgment letter will be issued to the appealing Owner/Tenant. 10. In addition to these remedies, the Board of Directors is authorized to pursue any other legal remedy available to enforce these rules in this Policy, including but not limited to seeking fines, penalties, special assessments against the unit owner and/or tenant, injunctive relief and eviction of any uncooperative tenant. 5

6 ASSOCIATION OF APARTMENT OWNERS OF KIHEI VILLAGES ANIMAL REGISTRATION FORM AND ACKNOWLEDGEMENT OF POLICY Type of Animal: Breed: Color: Name: Sex: I request authorization to maintain an Assistance or Service Animal in Apartment #:. I verify that the enclosed photograph is a true and correct photograph of the animal described on this Form. (initial) This application is accompanied by a medical recommendation for an Assistance or Service animal for a medical disability from a recognized medical authority. I have read the Assistance/Service Animal Policy and agree to abide by the provisions thereof. Agreed: Printed Name: Name of Owner of Unit (if different): Signature: Unit No: Date: Please submit this form to the Association s Managing Agent. 6