Waikiki Banyan

“All costs and expenses, including reasonable attorney’s fees, incurred by or on behalf of the association for:
(3) Enforcing any provision of the declaration, bylaws, house rules, and this chapter or the rules of the real estate commission; against an owner, occupant, tenant, employee of an owner, or any other person who may in any manner use the property shall be promptly paid on demand to the association....”

1. the person or persons holding legal title to an apartment, and/or
2. the purchaser of an apartment pursuant to an agreement of sale recorded in the Bureau of Conveyances.

• management has been provided the key(s) to the apartment in accordance with Section 6 above, and
• the person seeking access to the apartment can provide proper identification as a lawful occupant of the apartment, and
• the person seeking access pays the current Lockout Fee to the Association before being given access to the apartment.

Combustible or toxic substances such as paint, petroleum products and the like shall not be disposed of through the trash chutes or bins, nor through any drain or sewer facility on premises.

Empty packing boxes may not be disposed of through the trash chutes. They may be deposited directly into the building trash bins, located on the ground level of each tower, provided they are broken down before disposal.

Construction-related waste may not be disposed of through Waikiki Banyan facilities and is the responsibility of the owner or lessee under whose authority the refuse is generated.

Bulky object disposal (furniture, air conditioners, etc.) is the owner’s or lessee’s responsibility. Bulky objects may not be disposed of in building trash chutes, refuse pickup areas, nor in or on any common areas.

1. an owner occupying his or her unit,
2. the tenant of a unit if so authorized by the unit owner, or
3. the lawfully authorized agent of a unit who is on property actively to service that unit if authorized to use the permit by the unit owner.

An owner’s parking permit used by an authorized individual as defined above must be displayed on the individual’s vehicle so as to be clearly visible in its entirety from outside the vehicle. The owner’s parking permit may not be altered or duplicated in any way. Alteration or duplication of an owner’s parking permit by any means may result in the revocation of the permit.

1. The pool and the surrounding areas are for the exclusive use of occupants and guests. Hours of operation are between 8:00 a.m. and 9:00 p.m.
2. There is no lifeguard on duty. Occupants and guests use the pool at their own risk.>
3. Hair pins and similar items must be removed before entering pool.
4. Glass or other breakable containers must not be brought into the pool area.
5. No large flotation devices may be brought into the pool. U. S. Coast Guard approved personal flotation devices only may be used.
6. “Horseplay,” running, screaming or other loud or boisterous behavior is not permitted in the pool area.
7. Swimmers must wear proper swimming attire.
8. Diving into the pool is not permitted.
9. No one in a dripping wet bathing suit shall enter the elevators or other common areas of the building from the pool.
10. Board of Health regulations, particularly Section 61, Personal Regulations (excerpted below), will be strictly observed:
    1. “All persons known to be or suspected of being afflicted with infectious disease, suffering from a cough, cold or wearing Band-Aids or bandages, shall be excluded from bathing in the swimming pool.”
    2. “Spitting, spouting of water, blowing the nose in the swimming pool are strictly prohibited.”
11. Special toddler diapers shall be used to prevent contamination of the pool.

No person may use the spa without proper supervision if use of the spa would pose a risk to the person’s health, safety and/or welfare without such supervision.

Occupants and guests are expected to utilize reasonable judgment in deciding whether use of the spa is suitable for themselves and/or those under their supervision. Elderly persons, pregnant women, infants, persons on medication, and those with health conditions requiring medical care including diabetes, heart disease, and high or low blood pressure should consult with a physician before using the spa to understand thoroughly any risks involved.

Caution should be taken to keep one’s hair and body parts away from drain outlets and other mechanical equipment in the spa.

1. Pursuant to the grant of authority set forth in Article IV, Section 1(m) of the By-Laws, the Board of Directors has adopted this fining procedure that gives the Association the right, in addition to any other rights or remedies, to issue citations and to levy fines against the responsible owner, whether or not the violator is the owner, tenant, guest, or employee of the owner’s apartment. Fines duly imposed by the Board or its agent but unpaid will constitute a lien on the apartment that may be foreclosed upon in like manner as a lien for unpaid common expenses.
2. The Board of Directors has adopted the following schedule of fines for any violation of the Association’s Declaration, By-Laws or House Rules (collectively “Governing Documents”):
   1. First Offense. A written citation delivered to both the owner and occupant.
   2. Second Offense. A written citation delivered to both the owner and occupants and a $25.00 fine assessed against the owner.
   3. Third Offense. A written citation delivered to both the owner and occupant, and a $50.00 fine assessed against the owner.
   4. Fourth and Subsequent Offenses. A written citation delivered to both the owner and occupant, and a $100.00 fine assessed against the owner for each offense.
3. Second, third, fourth, and subsequent offenses need not be for a violation of the same provision before a fine is imposed. For example, if an occupant violates a “pool” rule for his/first violation, and then violates a “noise” rule for his/her second violation, the fine would be imposed on the owner upon the occurrence of the second violation. It is not necessary for an occupant to violate a specific rule, such as “noise” rule, twice before a $25.00 fine is levied. Similarly, a $50.00 fine will be assessed for a third violation of the House Rules and a $100.00 fine will be assessed for a fourth and subsequent violations of the Governing Documents.
4. The Board may delegate its authority to issue citations and/or to assess fines to the Managing Agent and/or the General Manager.

1. Within thirty (30) days of the date of a citation or fine, an owner, occupant, or other offender may appeal to the Board by delivering a written notice of appeal to the Board or the Managing Agent. A date for hearing the appeal will be set and the appealing party will be notified.
2. If an appeal is made to the Board, the notice of appeal must contain a copy of the citation, a statement of the facts of the offense, the reason for the appeal, the names and addresses of any witnesses, and copies of any proposed exhibits. The owner, occupant, or other offender may appear at a Board meeting to provide additional information or the Board may ask the person to appear. In the case of an appeal by a person other than the owner or the owner’s agent, the owner or agent must be present at the appeal hearing or notify the Board of the owner’s support of the appeal for it to be considered.
3. The Board may reduce, suspend, or cancel any citation or fine after consideration of the appeal. The Board shall deliver a written decision to the owner (and the person making the appeal, if not the owner) within sixty (60) days of the receipt of the notice to appeal.
4. Pending issuance of a written decision in response to an appeal to the Board, an apartment owner need not pay a fine and no lien shall be imposed on an apartment. Unless, however, the Board votes to reduce, suspend, or cancel a citation or fine, filing a notice of appeal shall not halt the accrual of any ongoing late fees or affect the ability to issue citations or levy fines for subsequent violations.
5. If a fine is paid, in lieu of appealing a fine in accordance with this Section 4, an apartment owner has the right to initiate a dispute resolution process as provided by Sections 514B-161, 514B-162, or by filing a request for an administrative hearing under a pilot program administered by the State Department of Commerce and Consumer Affairs.

1. Upon providing notice to all owners, the Board reserves the right to establish a new schedule of fines at any time.
2. In the event of a violation of the Governing Documents that poses a threat to persons or property, as determined by the Board, the procedures set forth herein, may be suspended and referred directly to legal counsel for appropriate action.
3. REMEDY NOT EXCLUSIVE. In addition to the issuance of citations and imposition of fines, the Board of Directors is empowered to take all such other enforcement actions as permitted by the Governing Documents. This includes the retention of legal counsel, initiating legal action or arbitration proceedings, and/or any other form of remedy available to the Association by and through its Board. All remedies shall be cumulative and not be exclusive of the other.