Molokai Shores Quick Tips
All guests must check in with the front office and receive a parking pass.
No towels or clothing should be hung over lanai railing.
All garbage must be bagged and deposited in the trash bin. Cardboard boxes should be flattened.
Due to our sensitive septic system, only toilet paper should be flushed down the toilets.
Quiet hours: 10:00pm - 8:00am
Occupants are limited to 4 persons per unit in the pool area.
No excessive noise, food or glass containers are allowed at the pool.
All guests must check in with the front office and receive a parking pass.
No towels or clothing should be hung over lanai railing.
All garbage must be bagged and deposited in the trash bin. Cardboard boxes should be flattened.
Due to our sensitive septic system, only toilet paper should be flushed down the toilets.
Quiet hours: 10:00pm - 8:00am
Occupants are limited to 4 persons per unit in the pool area.
No excessive noise, food or glass containers are allowed at the pool.
MOLOKAI SHORES RULES AND REGULATIONS
(See Fine Policy below)
HOUSE RULES - EFFECTIVE 05/23/2017
The purpose of these Rules and Regulations is to promote the harmonious occupancy of the condominium units and to protect all occupants from annoyance and nuisance caused by improper use, and also to protect the reputation and desirability of the units by providing maximum enjoyment of the premises. These Rules and Regulations may be amended by the Board of Directors, as provided in the By-Laws. Any suggested changes should be delivered in writing to the office manager for transmission to the Board.
The full authority and responsibility of enforcing said rules may be delegated to a managing agent by the Board of Directors. All occupants, tenants and their guests shall be bound by these rules and standards of reasonable conduct.
None of the provisions herein will be enforced in any manner that will violate the provisions of the Fair Housing Amendments Act of 1988 or Chapter 515, Hawaii Revised Statutes.
1 - OCCUPANCY
1. Units shall be used as residences only and shall not be used for businesses or other purposes.
2. Owners shall be responsible for their own conduct and the conduct of any occupants of the unit ensuring that their conduct is neither offensive to any occupant of the building nor damaging to any portion of the common elements. No recreational activity will be allowed on the stairways or the parking lot.
3. Dogs and cats may be kept by the owners and occupants in the respective units, with the prior written approval of the Board of Directors, but shall not be kept, bred or used therein for any commercial purposes, nor allowed on any Common elements, except in transit, when carried, or on a leash or harness. By action of the Board of Directors, the number of pets has been limited to two cats and one dogs. Any pet causing a nuisance or reasonable disturbance to any other occupant of the building shall, upon notice, given by the Board of Directors or Managing Agent, must be immediately and permanently removed from the premises. All pets must be registered immediately upon arrival with the Office Manager. Visually and hearing impaired persons, and persons with disabilities requiring the assistance of service animals may keep service animals in their units provided they have a letter from their doctor. Pet owners are required to pick up their pet wastes.
4. Every owner and occupant shall at all times keep the unit in a clean and sanitary condition and observe and perform all laws, ordinances, rules and regulations now or hereafter made by any authority of the Association.
5. Due to the fragile nature of our septic system, nothing other than toilet paper and human waste may be flushed down the toilets.
II - TEMPORARY OCCUPANCY
1. Owners shall be responsible for designating a local agent to represent their interest, particularly with respect to rental, if their residence is outside of Hawaii or if they will be absent from the unit for more than 30 days. Such owners shall file their address, telephone number and that of their agent with the Office Manager.
2. Subject to the terms of the condominium conveyance document and the By-Laws of the Association, an owner, or the designated agent, may lease or rent the unit or make it available for the use of friends or public, but the person or persons leasing renting or living in it shall abide by all Rules and Regulations applicable for owners, and the owner or designated agent shall assume the responsibility for the occupants conduct. Owners or the designated agent must notify the Office Manager of the names and length of anticipated occupancy of lessees, renters, or guests.
3. The owner or agent shall be responsible for the conduct of the lessees(s), renter(s) or guests(s) and shall, upon request of the Board of Directors or Managing Agent, immediately abate and remove, at the owner’s expense, any structure, thing or condition that may exist with regard to the occupancy of the unit by the lessee(s), renter(s), or guest(s) contrary to the provisions hereof. If the owner or agent is unable to control the conduct of the lessee(s), renter(s), or guest(s), they shall, upon request of the Board of Directors or Managing Agent, immediately remove such lessee(s), renter(s) or guest(s) from the premises, without compensation for lost rentals or any other damages resulting therefrom.
4. The absentee owner should have an agent, friend or maid conduct periodic inspections of the closed unit.
III - COMMON AREAS, ENTRANCES AND LANAIS
1. The sidewalks and stairways must not be obstructed.
2. No footwear or other items shall be allowed to remain in view at the front entrance, unless the footwear is kept in acceptable racks.
3. Lanais must be kept clean and neat. No garbage, trash, clothing, towels, brooms, or mops are allowed on lanais. Individual owners may personalize their lanais with tasteful art work, lights, hangings or cabinets, however, any items deemed unsightly by the Board of Directors or Managing Agent shall be removed, upon the request of the Office Manager.
4. The owner(s) shall be responsible for the care and maintenance of their lanai(s). It is intended that the exterior of the building shall present a uniform appearance, and to affect that end the Board is authorized to contract for the painting of all of the walls and ceilings of the lanais and to make payment out of the maintenance fund.
5. All plants shall be placed in containers so as to prevent the drippings of water or soil onto other units or the common areas.
6. Nothing shall be released or thrown from lanais, windows or entrance balconies.
7. All garbage must be wrapped or bagged and deposited in the trash bins. Large boxes must be flattened.
8. No fires or barbecuing will be permitted on any lanais or within 50 feet of buildings.
9. No fireworks or explosive materials are allowed anywhere on the property.
10. No rugs or other objects shall be dusted or shaken from the lanais or windows and no cleaning by beating or sweeping shall be done in any stairway or common area.
11. Nothing shall be allowed, done or kept in any unit which would overload or impair the floors, walls or roofs thereof, (specifically water beds) or cause any increase in the insurance rates or the cancellation or invalidation of any Association insurance policies.
12. Water shall not be left running an unreasonable length of time.
13. Damages to common elements shall be surveyed by the Office Manager, and the costs of repair or replacement may be assessed by the Board against the persons responsible.
14. No unattended personal items (surfboards, kayaks, etc.) may be left on the common grounds.
IV - SWIMMING POOL RULES
REMEMBER, NO LIFEGUARD IS ON DUTY. The pool is for the exclusive use of occupants and their guests only.
1. Occupants shall be responsible for the health and safety of themselves their family members and guests who use the pool and for ensuring that all rules for the pool are obeyed. Owners are financially responsible for any damages or destruction caused by themselves, their guests, their lessees and their renters.
2. Pool hours are from 8:00 AM until 9:00 PM.
3. Please use shower before entering the pool.
4. Weak swimmers are to be accompanied at all times by someone who can ensure their safety.
5. Occupants are limited to 4 persons per unit unless given permission by the Office Manager.
6. Persons who are not toilet trained shall not use the pool unless fitted with pull-ups appropriate for swimming.
7. No person with bandages or open wounds of any type may use the pool.
8. Bathing suits are required. (No street clothes are allowed in the pool).
9. No rough play, excessive noise, or behavior annoying others in the pool or pool areas will be allowed. The Office Manager or representative may ask repeating offenders to leave the pool area for the day.
10. No food or glass containers are permitted in or near the pool area.
11. No dive gear including swim fins are allowed in the pool.
12. No animals are permitted in the pool area.
V - PARKING AREAS
1. All vehicles parked on the property must have a parking permit prominently displayed on the dash board or hanging from the mirror.
2. No vehicles may be parked or left unattended except in designated parking stalls.
3. When workmen are performing work on a unit, the owner shall ask them to park off the premises.
4. Vehicles shall be centered in parking spaces.
5. Violators of parking regulations will be subject to having their vehicles towed away at their own expense.
6. Occupants may wash, clean and polish vehicles only in areas designated by the Board of Directors. They must clean the area thoroughly before leaving.
7. Extensive repairs of a vehicle shall not be permitted.
8. Once fully enclosed, covered and secured bicycle storage facilities are provided, bicycles are to be parked only in those storage areas.
9. Owners who wish to park more than one vehicle must have prior permission of the Board of Directors.
10. Owners leaving the island for more than three days must notify the Office Manager of their departure and tentative return date. They must park their vehicle in the long-term parking area. Abandoned vehicles will be towed away at owner’s expense.
VI – NOISE
1. All noise must be kept to a minimum, especially during quiet hours (10:00 PM – 8:00 AM). Any excessive noise should be reported to the Office Manager.
2. Doors are to be held (or retained) so as to avoid slamming due to the wind.
3. No workmen are to be allowed in the building before 8:00 AM or after 6:00 PM (except in an emergency).
4. All radios, TV, Hi-Fi, or musical instruments must be played at reduced volume after 10:00 PM and early in the morning.
VII - BUILDING MODIFICATIONS
1. No structural changes of any type shall be permitted either within or without a unit without prior consent and written approval of the Board of Directors.
2. No canvas awnings, shades, windbreaks, or canopies of any type shall be installed on lanais or the outside of the building, other than the type approved by the Board of Directors.
3. With the exception of notices posted by the Board of Directors, no signs, signals or lettering of any type shall be inscribed or exposed on any part of the building exterior face of the building.
4. No projections shall extend through any door or window opening into any entry or beyond the exterior face of the building.
5. No radio or TV antenna shall be erected or maintained outside the physical confines of an apartment.
6. Under drapes should be a neutral color to blend in with the buildings.
VIII - MAINTENANCE
1. Under the supervision of the Board, the maintenance of common elements is a responsibility of the Office Manager; defects and deficiencies should be reported when and where observed.
2. Maintenance of units, including lanais, windows and doors is the responsibility of the owners.
3. The Office Manager is to be provided with a pass key to every unit within the condominium project. In case of emergency, the Office Manager may enter any unit as may be necessary; in such case, the owner(s) and/or occupant(s) shall be informed of the reason and result of such entry.
IX - GENERAL PROVISIONS
1. The Association furniture placed in common areas is for use in those specific areas and must not be removed.
2. The Office Manager is not required to give access to any unit without the written permission of the owner(s) or agent.
3. The owner(s), guest(s), licensees and invitees shall observe and comply with these House Rules. In the event expenses are incurred due to violations of House Rules by guests(s), invitees, or licensees, the owner(s) shall be responsible for payment of same.
4. No open solicitation or canvassing will be allowed on the property at any time.
5. Smoking will be permitted on the common areas but not within 20 feet of any unit, or in the pool area. Smokers should take non-smokers into consideration and should try to smoke only downwind.
6. Barbeques and grounds are for the enjoyment of occupants and their guests only. Parties of over eight people must have prior permission of the Office Manager.
7. Quiet hours extend to the common grounds as well. Therefore , all parties on the common grounds must cease by 10:00 P.M.
8. Any Board of Directors posted rules shall be considered extensions of these House Rules.
9. Please refrain from feeding the birds and chickens on the grounds.
10. No washers or driers are allowed in any unit without written Board approval.
X - ENFORCEMENT
THE VIOLATION OF ANY HOUSE RULES ADOPTED BY THE ASSOCIATION OF APARTMENT OWNERS OF MOLOKAI SHORES SHALL GIVE THE BOARD OF DIRECTORS OR ITS AGENT THE RIGHT TO:
Enter the unit in which, or as to which, such violations or breach exists and to summarily abate and remove, at the expense of the defaulting owner, any structure, thing, or condition that may exist therein contrary to the intent and meaning of the provisions hereof, including attorney’s fee, shall be borne by the defaulting owner.
MOLOKAI SHORES FINE POLICY
adopted Feb 24, 2017
A. VIOLATIONS AND FINES
Violations will be subject to fines under the following schedule:
1. The Board may levy fines against an owner based on violations by owners, their tenants, and any other person using or coming upon the project or any part thereof for any purpose what so ever on behalf of the owners for any violation of the Declaration, the Bylaws, the Rules and Regulation/Policies/House Rules, Hawaii revised statues, ordinance and/or applicable requirement of any governmental entity (collectively “Regulations”).
2. The Board may authorize the Managing Agent/onsite manager, office administrator or any association employee to draft and send notices and impose the fines herein.
3. Owners are responsible for payment of any fines and remedying violations.
4. Each notice of violation shall briefly describe the nature of the violation and date of violation.
5. The violation notice shall be personally delivered, emailed or mailed to the owner at the address designated by the owner in writing to the Board, or if not designated to the address of records with the Association. It is the owner’s obligation to provide his or her most recent mailing address to the Association Managing Agent.
6. The Association may, but is not required to deliver notices of violations to tenants, invitees and guests of owners.
7. Fines shall be assessed against the owner’s unit. Any fines shall constitute a personal obligation of the owner, as well as lien upon the unit, which lien may be foreclosed in the same manner as a lien for unpaid Association common expenses pursuant to Hawaii Revised Statutes (“HRS”) and the Molokai Shores Collection policy. The owner shall be liable for the late fees/interest on unpaid fines and all reasonable attorney’s fees and costs incurred by the Association incident to the levy or collection of the fine, including appellate proceedings.
8. Penalties will be enforced on the owners according to the Board approved fine schedule:
First Offense Verbal warning or notice
Second Offense $50.00 fine
Third Offense $100.00 fine
Subsequent Offense(s) $200.00 fine
The Board may assess an immediate and enhanced fine not to exceed $1,000.00 for conduct or actions deemed to warrant a fine in excess of the routine notice and defined fine schedule. Factors which may result in immediate or enhanced fines include but are not limited to, those involving acts of violence, vandalism, intentional damage to property, physical threats, endangerment of others, repetitive and flagrant violations or disregard for unit modifications and renovation rules.
9. In addition to fines, the Association may proceed with the actions and remedies allowable by law, which includes, but are not limited to the following:
a. The Association may send cease and desist letter to the individual in violation,
b. The Association may contact the owner of the unit who shall be directed to make a reasonable effort to cause the violator to cease and desist from the activity creating the disturbance,
c. The Association may levy fines against the owner and/or tenant in accordance with this Policy and Hawaii Revised Statues (“HRS”) 514B-104,
d. The Association may as authorized agent of the owner, commence an eviction proceeding against the violator pursuant to HRS 514B-104, and
e. The Association may enter the unit to cure any emergency or threatening violations and charge such costs against the owner’s unit.
10. An owner who receives a fine, on written request to the managing agent, may contest the fine at the following regularly scheduled Board meeting. All appeals must be in writing and sent to the managing agent within six (6) months of violation notice. If no request is received within the six (6) month period, the Board may dispense with the hearing.
11. Delivery of notice of intent to contest the fine shall temporarily suspend the obligation of the affected owner to pay the amount of the fine, but delivery of the notice shall not toll accrual of the daily fine, late fee, and attorney fees in the event the Board of Directors sustains the fine in whole or in part.
12. At the hearing, the owners shall have the right to be represented by legal counsel and to have a reasonable amount of time to produce any statement, evidence, and witnesses on his or her behalf. The Association may have its legal counsel present at the hearing. The Board may ask questions at the hearing. The hearing shall be held in executive session. Once a hearing has occurred, the owner will be notified in writing of the determination of the Board as to the violation.
Mahalo for Your Cooperation!
(See Fine Policy below)
HOUSE RULES - EFFECTIVE 05/23/2017
The purpose of these Rules and Regulations is to promote the harmonious occupancy of the condominium units and to protect all occupants from annoyance and nuisance caused by improper use, and also to protect the reputation and desirability of the units by providing maximum enjoyment of the premises. These Rules and Regulations may be amended by the Board of Directors, as provided in the By-Laws. Any suggested changes should be delivered in writing to the office manager for transmission to the Board.
The full authority and responsibility of enforcing said rules may be delegated to a managing agent by the Board of Directors. All occupants, tenants and their guests shall be bound by these rules and standards of reasonable conduct.
None of the provisions herein will be enforced in any manner that will violate the provisions of the Fair Housing Amendments Act of 1988 or Chapter 515, Hawaii Revised Statutes.
1 - OCCUPANCY
1. Units shall be used as residences only and shall not be used for businesses or other purposes.
2. Owners shall be responsible for their own conduct and the conduct of any occupants of the unit ensuring that their conduct is neither offensive to any occupant of the building nor damaging to any portion of the common elements. No recreational activity will be allowed on the stairways or the parking lot.
3. Dogs and cats may be kept by the owners and occupants in the respective units, with the prior written approval of the Board of Directors, but shall not be kept, bred or used therein for any commercial purposes, nor allowed on any Common elements, except in transit, when carried, or on a leash or harness. By action of the Board of Directors, the number of pets has been limited to two cats and one dogs. Any pet causing a nuisance or reasonable disturbance to any other occupant of the building shall, upon notice, given by the Board of Directors or Managing Agent, must be immediately and permanently removed from the premises. All pets must be registered immediately upon arrival with the Office Manager. Visually and hearing impaired persons, and persons with disabilities requiring the assistance of service animals may keep service animals in their units provided they have a letter from their doctor. Pet owners are required to pick up their pet wastes.
4. Every owner and occupant shall at all times keep the unit in a clean and sanitary condition and observe and perform all laws, ordinances, rules and regulations now or hereafter made by any authority of the Association.
5. Due to the fragile nature of our septic system, nothing other than toilet paper and human waste may be flushed down the toilets.
II - TEMPORARY OCCUPANCY
1. Owners shall be responsible for designating a local agent to represent their interest, particularly with respect to rental, if their residence is outside of Hawaii or if they will be absent from the unit for more than 30 days. Such owners shall file their address, telephone number and that of their agent with the Office Manager.
2. Subject to the terms of the condominium conveyance document and the By-Laws of the Association, an owner, or the designated agent, may lease or rent the unit or make it available for the use of friends or public, but the person or persons leasing renting or living in it shall abide by all Rules and Regulations applicable for owners, and the owner or designated agent shall assume the responsibility for the occupants conduct. Owners or the designated agent must notify the Office Manager of the names and length of anticipated occupancy of lessees, renters, or guests.
3. The owner or agent shall be responsible for the conduct of the lessees(s), renter(s) or guests(s) and shall, upon request of the Board of Directors or Managing Agent, immediately abate and remove, at the owner’s expense, any structure, thing or condition that may exist with regard to the occupancy of the unit by the lessee(s), renter(s), or guest(s) contrary to the provisions hereof. If the owner or agent is unable to control the conduct of the lessee(s), renter(s), or guest(s), they shall, upon request of the Board of Directors or Managing Agent, immediately remove such lessee(s), renter(s) or guest(s) from the premises, without compensation for lost rentals or any other damages resulting therefrom.
4. The absentee owner should have an agent, friend or maid conduct periodic inspections of the closed unit.
III - COMMON AREAS, ENTRANCES AND LANAIS
1. The sidewalks and stairways must not be obstructed.
2. No footwear or other items shall be allowed to remain in view at the front entrance, unless the footwear is kept in acceptable racks.
3. Lanais must be kept clean and neat. No garbage, trash, clothing, towels, brooms, or mops are allowed on lanais. Individual owners may personalize their lanais with tasteful art work, lights, hangings or cabinets, however, any items deemed unsightly by the Board of Directors or Managing Agent shall be removed, upon the request of the Office Manager.
4. The owner(s) shall be responsible for the care and maintenance of their lanai(s). It is intended that the exterior of the building shall present a uniform appearance, and to affect that end the Board is authorized to contract for the painting of all of the walls and ceilings of the lanais and to make payment out of the maintenance fund.
5. All plants shall be placed in containers so as to prevent the drippings of water or soil onto other units or the common areas.
6. Nothing shall be released or thrown from lanais, windows or entrance balconies.
7. All garbage must be wrapped or bagged and deposited in the trash bins. Large boxes must be flattened.
8. No fires or barbecuing will be permitted on any lanais or within 50 feet of buildings.
9. No fireworks or explosive materials are allowed anywhere on the property.
10. No rugs or other objects shall be dusted or shaken from the lanais or windows and no cleaning by beating or sweeping shall be done in any stairway or common area.
11. Nothing shall be allowed, done or kept in any unit which would overload or impair the floors, walls or roofs thereof, (specifically water beds) or cause any increase in the insurance rates or the cancellation or invalidation of any Association insurance policies.
12. Water shall not be left running an unreasonable length of time.
13. Damages to common elements shall be surveyed by the Office Manager, and the costs of repair or replacement may be assessed by the Board against the persons responsible.
14. No unattended personal items (surfboards, kayaks, etc.) may be left on the common grounds.
IV - SWIMMING POOL RULES
REMEMBER, NO LIFEGUARD IS ON DUTY. The pool is for the exclusive use of occupants and their guests only.
1. Occupants shall be responsible for the health and safety of themselves their family members and guests who use the pool and for ensuring that all rules for the pool are obeyed. Owners are financially responsible for any damages or destruction caused by themselves, their guests, their lessees and their renters.
2. Pool hours are from 8:00 AM until 9:00 PM.
3. Please use shower before entering the pool.
4. Weak swimmers are to be accompanied at all times by someone who can ensure their safety.
5. Occupants are limited to 4 persons per unit unless given permission by the Office Manager.
6. Persons who are not toilet trained shall not use the pool unless fitted with pull-ups appropriate for swimming.
7. No person with bandages or open wounds of any type may use the pool.
8. Bathing suits are required. (No street clothes are allowed in the pool).
9. No rough play, excessive noise, or behavior annoying others in the pool or pool areas will be allowed. The Office Manager or representative may ask repeating offenders to leave the pool area for the day.
10. No food or glass containers are permitted in or near the pool area.
11. No dive gear including swim fins are allowed in the pool.
12. No animals are permitted in the pool area.
V - PARKING AREAS
1. All vehicles parked on the property must have a parking permit prominently displayed on the dash board or hanging from the mirror.
2. No vehicles may be parked or left unattended except in designated parking stalls.
3. When workmen are performing work on a unit, the owner shall ask them to park off the premises.
4. Vehicles shall be centered in parking spaces.
5. Violators of parking regulations will be subject to having their vehicles towed away at their own expense.
6. Occupants may wash, clean and polish vehicles only in areas designated by the Board of Directors. They must clean the area thoroughly before leaving.
7. Extensive repairs of a vehicle shall not be permitted.
8. Once fully enclosed, covered and secured bicycle storage facilities are provided, bicycles are to be parked only in those storage areas.
9. Owners who wish to park more than one vehicle must have prior permission of the Board of Directors.
10. Owners leaving the island for more than three days must notify the Office Manager of their departure and tentative return date. They must park their vehicle in the long-term parking area. Abandoned vehicles will be towed away at owner’s expense.
VI – NOISE
1. All noise must be kept to a minimum, especially during quiet hours (10:00 PM – 8:00 AM). Any excessive noise should be reported to the Office Manager.
2. Doors are to be held (or retained) so as to avoid slamming due to the wind.
3. No workmen are to be allowed in the building before 8:00 AM or after 6:00 PM (except in an emergency).
4. All radios, TV, Hi-Fi, or musical instruments must be played at reduced volume after 10:00 PM and early in the morning.
VII - BUILDING MODIFICATIONS
1. No structural changes of any type shall be permitted either within or without a unit without prior consent and written approval of the Board of Directors.
2. No canvas awnings, shades, windbreaks, or canopies of any type shall be installed on lanais or the outside of the building, other than the type approved by the Board of Directors.
3. With the exception of notices posted by the Board of Directors, no signs, signals or lettering of any type shall be inscribed or exposed on any part of the building exterior face of the building.
4. No projections shall extend through any door or window opening into any entry or beyond the exterior face of the building.
5. No radio or TV antenna shall be erected or maintained outside the physical confines of an apartment.
6. Under drapes should be a neutral color to blend in with the buildings.
VIII - MAINTENANCE
1. Under the supervision of the Board, the maintenance of common elements is a responsibility of the Office Manager; defects and deficiencies should be reported when and where observed.
2. Maintenance of units, including lanais, windows and doors is the responsibility of the owners.
3. The Office Manager is to be provided with a pass key to every unit within the condominium project. In case of emergency, the Office Manager may enter any unit as may be necessary; in such case, the owner(s) and/or occupant(s) shall be informed of the reason and result of such entry.
IX - GENERAL PROVISIONS
1. The Association furniture placed in common areas is for use in those specific areas and must not be removed.
2. The Office Manager is not required to give access to any unit without the written permission of the owner(s) or agent.
3. The owner(s), guest(s), licensees and invitees shall observe and comply with these House Rules. In the event expenses are incurred due to violations of House Rules by guests(s), invitees, or licensees, the owner(s) shall be responsible for payment of same.
4. No open solicitation or canvassing will be allowed on the property at any time.
5. Smoking will be permitted on the common areas but not within 20 feet of any unit, or in the pool area. Smokers should take non-smokers into consideration and should try to smoke only downwind.
6. Barbeques and grounds are for the enjoyment of occupants and their guests only. Parties of over eight people must have prior permission of the Office Manager.
7. Quiet hours extend to the common grounds as well. Therefore , all parties on the common grounds must cease by 10:00 P.M.
8. Any Board of Directors posted rules shall be considered extensions of these House Rules.
9. Please refrain from feeding the birds and chickens on the grounds.
10. No washers or driers are allowed in any unit without written Board approval.
X - ENFORCEMENT
THE VIOLATION OF ANY HOUSE RULES ADOPTED BY THE ASSOCIATION OF APARTMENT OWNERS OF MOLOKAI SHORES SHALL GIVE THE BOARD OF DIRECTORS OR ITS AGENT THE RIGHT TO:
Enter the unit in which, or as to which, such violations or breach exists and to summarily abate and remove, at the expense of the defaulting owner, any structure, thing, or condition that may exist therein contrary to the intent and meaning of the provisions hereof, including attorney’s fee, shall be borne by the defaulting owner.
MOLOKAI SHORES FINE POLICY
adopted Feb 24, 2017
A. VIOLATIONS AND FINES
Violations will be subject to fines under the following schedule:
1. The Board may levy fines against an owner based on violations by owners, their tenants, and any other person using or coming upon the project or any part thereof for any purpose what so ever on behalf of the owners for any violation of the Declaration, the Bylaws, the Rules and Regulation/Policies/House Rules, Hawaii revised statues, ordinance and/or applicable requirement of any governmental entity (collectively “Regulations”).
2. The Board may authorize the Managing Agent/onsite manager, office administrator or any association employee to draft and send notices and impose the fines herein.
3. Owners are responsible for payment of any fines and remedying violations.
4. Each notice of violation shall briefly describe the nature of the violation and date of violation.
5. The violation notice shall be personally delivered, emailed or mailed to the owner at the address designated by the owner in writing to the Board, or if not designated to the address of records with the Association. It is the owner’s obligation to provide his or her most recent mailing address to the Association Managing Agent.
6. The Association may, but is not required to deliver notices of violations to tenants, invitees and guests of owners.
7. Fines shall be assessed against the owner’s unit. Any fines shall constitute a personal obligation of the owner, as well as lien upon the unit, which lien may be foreclosed in the same manner as a lien for unpaid Association common expenses pursuant to Hawaii Revised Statutes (“HRS”) and the Molokai Shores Collection policy. The owner shall be liable for the late fees/interest on unpaid fines and all reasonable attorney’s fees and costs incurred by the Association incident to the levy or collection of the fine, including appellate proceedings.
8. Penalties will be enforced on the owners according to the Board approved fine schedule:
First Offense Verbal warning or notice
Second Offense $50.00 fine
Third Offense $100.00 fine
Subsequent Offense(s) $200.00 fine
The Board may assess an immediate and enhanced fine not to exceed $1,000.00 for conduct or actions deemed to warrant a fine in excess of the routine notice and defined fine schedule. Factors which may result in immediate or enhanced fines include but are not limited to, those involving acts of violence, vandalism, intentional damage to property, physical threats, endangerment of others, repetitive and flagrant violations or disregard for unit modifications and renovation rules.
9. In addition to fines, the Association may proceed with the actions and remedies allowable by law, which includes, but are not limited to the following:
a. The Association may send cease and desist letter to the individual in violation,
b. The Association may contact the owner of the unit who shall be directed to make a reasonable effort to cause the violator to cease and desist from the activity creating the disturbance,
c. The Association may levy fines against the owner and/or tenant in accordance with this Policy and Hawaii Revised Statues (“HRS”) 514B-104,
d. The Association may as authorized agent of the owner, commence an eviction proceeding against the violator pursuant to HRS 514B-104, and
e. The Association may enter the unit to cure any emergency or threatening violations and charge such costs against the owner’s unit.
10. An owner who receives a fine, on written request to the managing agent, may contest the fine at the following regularly scheduled Board meeting. All appeals must be in writing and sent to the managing agent within six (6) months of violation notice. If no request is received within the six (6) month period, the Board may dispense with the hearing.
11. Delivery of notice of intent to contest the fine shall temporarily suspend the obligation of the affected owner to pay the amount of the fine, but delivery of the notice shall not toll accrual of the daily fine, late fee, and attorney fees in the event the Board of Directors sustains the fine in whole or in part.
12. At the hearing, the owners shall have the right to be represented by legal counsel and to have a reasonable amount of time to produce any statement, evidence, and witnesses on his or her behalf. The Association may have its legal counsel present at the hearing. The Board may ask questions at the hearing. The hearing shall be held in executive session. Once a hearing has occurred, the owner will be notified in writing of the determination of the Board as to the violation.
Mahalo for Your Cooperation!