Kamali'i Alayna Homeowners Association. Rules and Regulations

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1 Kamali'i Alayna Homeowners Association Rules and Regulations As adopted by the Board of Directors on August 7, 2010

2 Kamali'i Alayna Homeowners Association HOUSE RULES AND REGULATIONS TABLE OF CONTENTS A GENERAL RULES 1 Use by Owners, Tenants and Guests 1 2 Parking 1 3 Fireworks, Open Fires and Other Hazards 1 4 Children at Play 1 5 Pets 1 6 Insurance 1 7 Common Elements 1 B HOME EXTERIOR 1 Front Lawn Maintenance and Appearance 2 2 Trash Containers 2 3 Flags 2 4 Holiday Décor 2 C NOISE AND NUISANCE REGULATIONS 1 Sound Devices 2 2 Offensive Noise 2 3 Excessive Noise and Objectionable Odors 3 4 No Excessive Noise 10:00 p.m. to 8:00 a.m. 3 5 Vehicle Noise 3 6 Noise Violations 3 D PARK RULES 1 Park Hours 3 2 Use of the Park 3

3 Kamali'i Alayna Homeowners Association Rules and Regulations These Rules and Regulations are adopted pursuant to Section 5.06 of the Declaration of Protective Covenants of the Kamali'i Alayna Homeowners Association. A. GENERAL RULES 1. Use by Owners, Tenants and Guests Any person occupying a home in the Kamali'i Alayna subdivision is required to abide by the intent and meaning of the Declaration of Protective Covenants, By-Laws and these Rules and Regulations. Owners are responsible for the conduct of all occupants, guests, tenants and agents of Owner s property. Owners who permit occupancy of their property by others shall convey a copy of these Rules and Regulations to all occupants. 2. Parking - Parking is allowed from 6:00 a.m. to 10:00 p.m. on the roadways and the parking area by the mailboxes. Violations are as per parking violation policy. 3. Fireworks, Open Fires and Other Hazards Fireworks of any kind shall not be exploded or set off in the Kamali'i Alayna subdivision. No open burning or any other exterior fires are permitted in the Kamali'i Alayna subdivision except in propane or charcoal barbecue grills. 4. Children at Play - Parents are to keep children from playing on the roadway at all times. Loose balls and other moving toys or persons may be the cause of accidents and the Association will not be responsible for any incident regarding children at play. 5. Pets All pets are subject to noise and nuisance regulations. Animals on the common area must be kept on a leash at all times. Owners are responsible for picking up any feces left by their animal. Loose running pets of any kind are subject to humane society recommendations. When notified by the Board of Directors, the Site Manager or humane society will remove free running pets unless social solutions benefitting the pet and home surrounding owners can be found. Any owner with a pet must have liability insurance that covers incidents including third party incidents for any animal kept as pet. Proof of liability insurance must be produced upon request by the Board of Directors. 6. Insurance Each owner is required to maintain a comprehensive general liability insurance policy covering their property. The insurance must be procured from a company authorized to do business within the State of Hawaii and have minimum coverage limits of $300,000 for personal injury. Each owner shall be required to provide of insurance upon request from the Association. 7. Common Elements Owners are responsible for any damage to the common elements caused by the owner or owner s guests, tenants or agents.

4 B. HOME EXTERIOR 1. Front Lawn Maintenance and Appearance - As the image and value of our subdivision is directly linked to the appearance of our homes the front of the house area is important. The Site Manager may notify a home owner of maintenance issues such as uncut lawns, non-pruning of trees and other maintenance issues. These maintenance issues must be handled within 48 hours. As for day use items such as: toys, furniture, games, basketball hoops, blow up swimming pools, garden accessories, bag/baskets, containers of unknowns and other such items that are not organic or natural in appearance or is not needed for said organic or natural in appearance to exist shall be removed when NOT IN USE. Items listed above that are left outside and not in use are subject to fine as per policy. The Site Manager has the authority to authorize short term use on front lawns of events and items that are not a nuisance to neighbors. Such permission shall be posted at the park bulletin board in advance of the event and neighbors immediately affected shall be notified by home owner personally. 2. Trash Containers - Homeowner trash containers may be placed on the roadway area for county trash collection within 24 hours of scheduled pick up and must be removed the same day of collection. Trash containers left on the roadway outside of the above scheduled time will be subject to fines as per Association policy. 3. Flags - Flags are allowed provided they are not blocking neighbor view plains and are in near new condition. Flags must be displayed respectfully and in according with county and government rules and etiquette. 4. Holiday Décor - Holiday décor may be displayed 30 days prior to the holiday and 30 days following the holiday. Holiday décor displayed 30 days prior to or 30 days after the holiday will need to follow the exterior alteration request process and will be subject to fines in accordance to Association policy. C. NOISE AND NUISANCE REGULATIONS 1. No outside speaker, horn, whistle, bell, wind chimes, radio, boom box or any other sound device, except devices used exclusively for security purposes, shall be installed or operated on any unit. 2. No noise and nuisance shall be allowed within the Kamali'i Alayna subdivision, nor shall any use or practice be allowed which is improper or offensive in the reasonable opinion of the Board of Directors, the Board s Agent or Site Manager or in violation of the declaration of protective covenants, the By-Laws and these Rules and Regulations or which unreasonably interferes with or is an unreasonable annoyance to the peaceful possession or proper use of the property of the owners or occupants. Excessive noise by any animal is not permitted including barking, howling, whining or any other sounds.

5 3. Owners, friends, guests, tenants, agents and other occupants of the property shall avoid unreasonably excessive noise of any kind at any time and shall not cause or permit any unreasonably disturbing noise or objectionable odors to emanate from their property which unreasonably interferes with the rights, comforts and conveniences of other owners, occupants or residents. 4. Owners, friends, guests, tenants, agents and other occupants of any property shall avoid excessive noise, music and loud conversation between 10:00 p.m. and 8:00 a.m. including outdoor conversations when arriving or leaving any property within the subdivision. 5. Owners, friends, guests, tenants, agents and other occupants of the property shall avoid any excessive noise emanating from motor vehicles, which may include, audio devices, speakers, vehicle modifications that create excessive noise or vehicles in disrepair. 6. Violations of this Noise and Nuisance section will result in a first time notice and warning. Any subsequent violations will be subject to an immediate fine. D. PARK RULES 1. Park Hours - Park hours are from 7:00 a.m. to 7:00 p.m. as per Maui County ordinance and is enforceable by Maui County Police. No person is allowed in the park after the park is closed without in-hand written authorization from the Site Manager and public posting in advance of event on the bulletin board area of mail boxes. Prosecution is per Maui County Police and County regulations for park use. 2. Use of the Park a. Children under the age of six may not use the playground without an adult present. b. Adult use of slides and swings are not permitted according to warranty and for maintenance reasons. c. Neighbors living close to the park shall be considered at all times with regard to noise, music, equipment, parking and length of event. d. Pet owners will remove pet feces from park area at all times. e. Trash shall be placed in trash container provided and if found full removed from park. f. Picnic tables and park may be used without site manager permission for private functions of up to ten persons. Groups of more than ten people will need to coordinate the event and gain written permission from Site Manager and event shall be posted in advance on the bulletin board near the mail boxes. g. Events such as weddings, garage sales, birthday parties shall all be in accordance with Maui County Park s regulations for any such event. h. Functions that cater and benefit all Kamali i Alayna residents such as community social events and holiday celebrations must be posted at least one week in advance of event by Site Manager.

6 i. No posting shall by placed on the bulletin board that does not have the approval of the Site Manager. j. Motor driven vehicles are not permitted on any lawn area or walkways for safety and equipment maintenance reasons. k. Any activity that causes damage to the common elements, including damage to the landscaping, irrigation equipment and playground equipment, is strictly prohibited. If any of the common elements is damaged, the Site Manager may fine said violator in accordance with Association policy plus the cost of replacement of material, cost of labor, shipping and administration to rectify said damage.