The primary purpose of the House Rules (amended March 15, 2001) is to provide for the rights, safety, comfort, convenience, and well-being of all occupants, and to protect the reputation and desirability of 2211 ALA WAI. In case of a conflict between the House Rules and the By-Laws of the Association, the provisions of the By-Laws shall prevail.

A) The Board delegates full authority and responsibility for enforcing these rules to a Management Agent, Resident Manager and Courtesy Patrol personnel. All occupants and their guests shall be bound by the rules and standards of good conduct, whether or not specifically covered by this document; provided, however, that neither Board nor Management shall be responsible for non-compliance with the rules.

B) CONDUCT. An apartment owner shall be responsible for the conduct of all family members at all times, ensuring that their behavior is neither offensive or unlawful to any occupant of the building or Aloha Lani employees while on duty, nor damaging to any portion of the common elements. No one shall be permitted to loiter or play in corridors, elevators, the parking garage, or the main lobby.

C) Owners and/or their rental agents are responsible for the conduct and behavior of all persons occupying their units, their guests, employees, and contractors. When requested by Management to take action with respect to the conduct of themselves or others occupying their units to conform to the house rules, they shall comply promptly. Upon failure to comply, Aloha Lani management and courtesy patrol personnel may take the necessary steps to have the offending person or persons removed from the premises including arrest by the Honolulu Police Department.

D) Good conduct shall include but not be limited to:

1) No physical or verbal harassment, swearing or profane gestures. The offending party may be subject to citation, be required to leave the property or may be subject to arrest by Honolulu Police department.

2) Any person on Aloha Lani premises who:

(a) Strikes, shoves, kicks, or otherwise touches Courtesy Patrol personnel in an offensive manner or subjects the other person to offensive physical contact;

(b) Insults, taunts, or challenges Courtesy Patrol personnel or resident, in a manner likely to provoke an immediate violent response or

(c)cause the Courtesy Patrol personnel to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;

shall be referred to Honolulu Police Department for removal from the property and/or charged with Harassment.

E) "TAILGATING" shall be defined as unauthorized entry into a secured area of the building by any person who is not a resident of the building or who has not been given permission to enter a secured area by a registered resident of the building. These persons will be charged with trespassing. The TAILGATER will be required to leave the property or be detained by Courtesy Patrol personnel and subject to arrest by Honolulu police department.

F) A "RESIDENT" of the building is defined as an owner, ocupant, their immediate family, the owner’s agent, and/or those tenants, immediate family and guests registered with the building manager on the "Aloha Resident Registration form". Failure to "register" shall not relieve the offending party from obligations and penalties hereunder.

G) Owners, agents, tenants are responsible for obtaining a copy of the house rules for themselves from the courtesy patrol office, and must also completely fill out the "Aloha Lani Resident Registration" form which can be obtained from the Courtesy Patrol office. All occupants and their house guests are required to register with the Resident Manager within forty-eight (48) hours following their arrival. Any person not registered on an "Aloha Lani Resident Registration" form shall be deemed to be unauthorized to enter any secure area on the premises and may be charged with trespassing.

H) Repeated violation of house rules (three (3) or more citations) may be grounds for legal action against the offending party which would include but not be limited to eviction proceeding, recovery of costs and fees, damages, injunctive relief, or both on behalf of the Association of Apartment owners.

I) When requested by Management to take action respecting the conduct of themselves or others occupying their units they shall comply promptly. Upon failure to comply, Management may take the necessary steps to have the offending person or persons removed from the premises.

J) Owners or occupants violating the House Rules shall be given ten (10) days written notice of the violation or as otherwise provided herein, and the corrective action required. If the violation continues after the 10-day period is over, the owner and/or offending party shall pay a penalty of ten dollars ($10.00) per day, or as otherwise provided herein, until the violation is corrected. The mailing of the notice shall constitute the commencement of the 10-day period. The Board or Resident Manager may, in addition to the penalties set forth above, shall immediately commence eviction proceedings if the violation causes a disturbance to any other occupant or take immediate corrective or remedial action if damage has or may occur to any part of the premises or a threat to any other occupant. All costs and expenses incurred, including a reasonable attorney's fee, shall be paid for by the offending party and/or the owner in the event of any action to recover penalties and damages or for injunctive relief.

K. GENERAL PROVISIONS

1. Occupants shall not make or permit any kind of disturbance on the premises at any hour, or do or permit to be done anything which will interfere with the rights, comfort, safety, or convenience of other occupants. If your stereo, television, etc. can be heard by the adjoining apartment, it is too loud!

2. Between 10 p.m. and 7 a.m. quiet shall prevail. In most apartments, the beds are underneath the walkway louvers. No laughing, talking, or other noise is permitted on the walkways, passageways between apartments, or at residential elevator landings. The use of vacuum cleaners, or tools for pounding, drilling, sawing, and the like is prohibited.

3. No rugs, mops, or dust cloths are to be shaken or beaten on lanais or stairways, from windows, or in halls or corridors, and nothing whatsoever is to be swept or thrown from lanais, corridors, or windows. A $100.00 fine will be levied against offenders.

4. No plants or other objects are to be kept or left in the passageways, except that a door mat may be placed at an apartment door if it meets with the approval of the neighboring occupant and of the Resident Manager.

5. To present a uniform appearance from the outside, all drapes or window coverings shall be white or off-white in color as viewed from the exterior of the building. Owners wishing to tint their windows shall use the product and color approved by the Board of Directors.

6. Owners and occupants shall not use or permit to be brought onto the premises any fireworks, explosive, or other materials flammable or otherwise hazardous to life, limb, or property.

7. Owners and occupants shall not install or operate on the premises any machinery, refrigerating or heating device, other than an apartment's refrigerator and cooking range or oven, or use any illumination other than electric light (except in the event of a power outage).

8. All moving-in and moving-out shall be done between 9 a.m. and 5 p.m. Deliveries and removals of furniture and heavy household appliances are made only via Elevator 3 on the second-floor parking level of Building A, by pre-arrangement with the Resident Manager or the Courtesy Patrol office.

9. Any damage to the common areas caused by the moving of furniture or other personal effects into or out of the premises shall be repaired by the Association at the expense of the owner or tenant involved.

10. Bicycles, mopeds, surfboards, and other large sports equipment are not permitted in the lobby, elevators, or stairwells. Failure to comply will result in a $10.00/day fine until violation is corrected. The fine will be billed to the apartment owner.

11. Air conditioners are permitted to be installed upon obtaining written approval from the Board of Directors or management. Installation of the air conditioning unit must comply with the Air Conditioning Guidelines for the Aloha Lani. Waterbeds are not permitted on the premises.

12. No dogs, cats, birds, or other pets are permitted on the premises, except that visually or hearing-impaired owners, tenants, or guest are permitted to have a certified guide or signal dog in the apartment or common elements. The guide or signal dog shall not cause any damage to any of the common elements or a nuisance to other occupants, and must be registered with the Resident Manager. Failure to comply will result in a $10.00/day fine until the violation is corrected. The fine will be billed to the apartment owner.

13. Feeding pigeons or other birds anywhere on the premises is prohibited.

14. No soliciting of goods, or services, or dispensing of handbills or religious tracts, is permitted on the premises. No advertising notices shall be posted in the buildings unless approved by the Board.

15. Persons unclad above the waist, or in bare feet, or wearing sandy or dripping wet bathing suits are not permitted in the lobby, elevators, carpeted areas, walkways, or laundry room.

16. Loitering or playing in the lobby, parking areas, stairways, walkways, passageways, or elevators is not permitted.

17. Apartments may not be rented for fewer than thirty (30) days. Unless an owner has obtained a non-conforming use certificate or zoning variance from the City and County of Honolulu.

L. BUILDING MAINTENANCE AND REPAIRS

1. All of the common elements, including but not limited to the exterior surfaces of the buildings, doors, passageways, and grounds, shall be used and decorated only as permitted by the Board. No alterations, installations, repairs, or changes of any nature whatsoever shall be effected to the exterior surfaces of the buildings, including lanais, and thereafter maintained, without prior written approval of the Board. An exception to this rule is that a handicapped person may ask, in writing, the Board's permission to make alterations to the common elements or to his/her apartment, and unless the request is unreasonable or unrelated to the handicapped person's fully enjoying the common elements or his/her apartment, the Board is required to grant the request. The cost of the alteration is to be borne by the individual making the request.

2. The Board shall be responsible for the repair and maintenance of the exterior surfaces of the building, the walkways, passageways, and door jambs of the outside storage locker. The maintenance and upkeep of apartment entrance door, outside storage locker door and lanai floors and covering are not the Board's responsibility. If the exterior surfaces, passageways, fences, shrubbery, or other areas are damaged deliberately or as a result of negligence of any occupant or guest, such occupant shall be responsible for the prompt payment of the cost of the repairs. The Board shall be responsible for the repair of damage caused by breaks in the main utility lines. In the event an occupant causes damage to another apartment or other areas, said occupant shall be financially responsible for all necessary repairs.

3. Owners, rental agents, and occupants are responsible for the following repairs and maintenance:

a) the cleaning of bedroom louvers both inside and outside and replacing of the bedroom louvers if broken. Lourvers must be replaced with like kind.

b) the repair, replacement or repainting of front doors or storage locker doors if broken or unsightly.

c) the conforming to City and County of Honolulu or State of Hawaii fire code requirements which include the installation and maintenance of a smoke detector in each apartment.

d) Upon notification by way of citation or other written request by the Resident Manager or the association, owner shall repair, replace or repaint the front door and/or louver within 10 working days or be subject to a fine of $10.00 per day until the situation is remedied.

4. Owners and rental agents are responsible for seeing to it that their apartments are kept in such condition as not to cause damage to the common elements or to other apartments, or to jeopardize the rights, comfort, or health of other occupants: such as, for instance, by causing the spread of roaches.

M. LANAIS AND WALKWAYS

1. No object whatsoever is to be hung on or from railings or in doorways, windows, or louvers in such a manner as to be in view from the outside of the apartments.

2. Only furniture and small potted plants appropriate to lanais may be kept thereon. Containers are to be kept under all pots to prevent water drip.

3. Watering of plants and cleaning of lanais shall be done in such a way as not to create a nuisance to persons in other apartments or on the grounds of the premises.

4. Lanais, walkways, and passageways may not be used as storage areas.

5. Barbecuing is not permitted on lanais; it is restricted to the designated pool area.

6. Windows or lanais are not to be enclosed, altered, decorated, landscaped, or covered by any awnings, shades, window guards, or otherwise, without the consent in writing of the Board of Directors.

7. No awning or radio or television antenna shall be attached to or hung from the exterior of the building.

8. Owners of tenth-floor apartments may install and/or replace their aluminum awnings if approved by the Board.

9. No shoes, slippers, shoe cabinets, or any other personal items shall be left outside of the apartment in the entry walkway.

N. RUBBISH ROOMS AND TRASH CHUTES

1. Trash chutes are not to be used between 10 p.m. and 7 a.m.

2. After decorating or remodeling is done in an apartment, all appliances, cabinets, carpeting, paint containers, and other debris must be taken away by the contractor or owner or tenant and not left in the rubbish rooms or dumped down the trash chutes. There is no longer a trash pick-up for large items; such pick-ups can be made at the owner's expense.

3. Absolutely no flammable materials, such as paint, thinner, or gasoline, are to be put into the trash chutes, nor may dust mops, rugs, vacuum cleaner bags, or the like, be shaken into the trash chutes.

4. Newspapers, recyclable cans, and glass bottles and jars are to be placed in the containers provided, and not put into the trash chute. Garbage and other materials are to be securely wrapped or packaged before being put into the chute. Boxes, cartons, or bulky objects too large to go easily into the trash chutes are to be taken to the main trash room on the ground level, via the second-floor parking level of Building A

O. ELEVATOR AND LOBBY AREAS

1.This is a SMOKE FREE BUILDING. Smoking is prohibited in all common areas. Smoking is allowed only on the pool deck and inside apartments. Any person caught smoking in the common area, aside from the pool deck and their apartment, will be fined $50.00 per violation. The fine will be billed to the owner of the apartment.

2. No eating, drinking, or carrying of open cups, glasses, bottles, or cans of beverage is permitted in the elevators, or lobby.

3. No baggage, boxes, or equipment of any kind shall be placed in the lobby in any area which will impede access to mailboxes, the Building Manager's office, Courtesy Patrol office, elevators, or lobby entrance doors.

4. Consumption of alcohol in any common area of the premises is prohibited.

P. PARKING AND DRIVEWAY AREAS

1. There is no guest parking.

2. Vehicles shall not exceed the speed of five (5) miles per hour in the common elements.

3. Only compact-size cars are permitted to park in stalls labeled "Compact".

4. There shall be no auto repairs, painting, or maintenance on the premises. Car washing is permitted only in the designated area during daylight hours.

5. Occupants are to park only in the stalls assigned to their apartments, not backed in, and centered in the stall so as not to crowd adjacent stalls. Occupants shall abide by any other parking rules and regulations and directions of the Association, and shall be responsible for proper parking by others who may be using their stalls.

6. If a stall owner or apartment tenant finds an unauthorized vehicle parked in his/her stall, he/she may have the offending vehicle towed away, at the car owner's expense.

7. Vehicles with flat tires or with major body parts missing or on stands for storage shall be covered with an appropriate car cover. Upon notification by way of citation, owner shall cover the car within 5 working days or be subject to a fine of $10.00 per day until the situation is remedied.

8. Owners or persons authorized to occupy parking stalls are responsible for keeping them clean and free from oil or grease. If stalls are not so kept, the Building Manager has the authority to have them cleaned and to charge the owner for the cleaning expense.

9. Parking in or close enough to the ramps of either building so as to impede or delay occupants driving in or out is not allowed.

10. All vehicles, property such as surfboards and bicycles, stored or parked within any secure area on the property shall be parked or secured at the risk of the owner of the vehicle or property and said owner by parking or storing their property in any secure area waives all claims or liability for damages of any kind against the Aloha Lani association, its agents or employees. All such vehicles or property shall be registered with the building manager in a manner prescribed by the building manager which may include but not be limited to proof of ownership or title or registration, current insurance, and current safety inspection.

11. Failure to comply with any parking regulations contained in the house rules or prescribed by the building manager will be cause for citation and/or demand for removal of the vehicle or property from the Aloha Lani premises within 10 consecutive days or the vehicle shall be towed away or removed and stored off premises at the owner’s expense or as required by law.

12. Aloha Lani Association, its agents, employees or assigns are not responsible for any claim by reason of fire, loss or theft of any vehicle (including surfboards, and bicycles) parked or stored on the premises or parking areas or the contents of said vehicles, or for damage to a vehicle parked here.

Q. RULES FOR THE POOL AREA, SAUNA, FURO AND LAUNDRY ROOMS.

2) Owners and residents shall be responsible for the health and safety of themselves, their family members, and their guests who use the pool, saunas, hot tub/furo, weight/fitness room, recreation room or decks (hereinafter "recreational facilities") and for ensuring that all rules for these areas are obeyed. An owner’s or residents family members or guests found in those areas shall be presumed to be there with the full knowledge and consent of the owner or resident. Condominium owners are financially responsible for any damages or destruction caused by themselves, their guests, their lessees, and their renters. Persons who are incontinent or not toilet-trained shall only use the pool and hot tub/furo while wearing swimwear designed to prevent spillage of urine and other waste into he pool or hot tub/furo.

3) Owners and residents must ensure that family members and guests who are non swimmers or weak swimmers are accompanied at all times in the pool area and weight (fitness) room by someone who can ensure their safety. In particular, a child under the age of 12 should be accompanied by an adult when using the pool, unless the child is a competent swimmer. A child under the age of 12 should also be accompanied by an adult when using the weight/fitness room unless that child has been trained to use the weights. A child’s parent or guardian shall be responsible for determining if the child is a competent swimmer and properly trained in using the weights.

4) Any persons who may be adversely affected by the heat or humidity of the sauna, hot tub/furo, such as young children should not use the facility. Since prolonged exposure to high temperatures can adversely affect children under the age of 12, they should be accompanied by a parent, guardian or someone who can ensure their safety when using the sauna or hot tub/furo.

5) Clothes left in washers and/or dryers at the laundry area for more than 3 hours unattended or unclaimed, will be removed and stored. Once removed and unclaimed for more than 10 days, the clothes will be considered abandoned.

6) Other rules and regulations:

a. Showers shall be taken before entering the pool. All suntan oil, dirt and other such materials must be removed before entering the pool.

b. Persons with skin diseases, sore or inflamed eyes, nasal or ear discharges, open sores or wounds, or any communicable disease shall not be permitted to use the pool or furo. Spitting, urinating, defecating and nose-blowing in the pool and furo are prohibited.

c. Residents and guests may use the pool between the hours of 8:00 a.m. and 10:00 p.m.

d. There will be a limit of two guests per apartment at the pool area, hot tub/furo, or sauna(s). A resident must accompany and be responsible for the conduct of any guest in the pool area or other common areas on the Aloha Lani premises.

e. Users of the pool and recreation areas and the laundry room are responsible for leaving them clean and litter-free.

f. Bicycles, surfboards, skates, skateboards, scooters or other such sporting equipment, as well as glass containers, baseballs, golf balls, beach balls, floats, rafts, frisbees, and other similar objects are prohibited in the laundry room, recreation room, and pool areas. Flotation devices are permitted for non-swimmers, children and handicapped. Toys, inflatable mats, tubes, diving equipment or similar items shall not be permitted in the pool or adjacent area.

g. Eating, drinking, and smoking are not permitted in the laundry, recreation room, gym, or in sauna or furo areas. Food or non-alcoholic beverages shall not be permitted in the pool or adjacent area except within 20 feet of the Bar-b-que area.

h. Transistor radios/stereos are not permitted to annoy persons in the pool or recreation areas or laundry room. Headsets or earphones are required.

i. There shall be no running, pushing, diving, or horseplay around the pool, no boisterous conduct in the pool or pool area, and no water-splashing other than that accompanying normal swimming.

j. Persons are not to enter the pool wearing hairpins or other small ornaments or objects which could damage the filtering system. The introduction of sand, rock, or other foreign matter into the pool by anyone, which could result in pool pump malfunction, will result in immediate eviction from the pool or its adjacent area.

k. All persons shall comply with the requests of the Managing Agent, Resident Manager and/or Courtesy Patrol personnel with respect to matters of personal conduct or house rules in and about the pool and terrace area. Anyone violating the above rules may be evicted from the pool area by the Resident Manager and/or Courtesy Patrol personnel.

l. Bathers must dry themselves adequately before leaving the pool area to prevent wetting the lobby area and elevators.

2211 ALA WAI ASSOCIATION

HOUSE RULES ACKNOWLEDGMENT

The undersigned who occupies Apartment Number _______ in 2211 Ala Wai Condominium (Aloha Lani) hereby acknowledge that the House Rules are in their possession and that the undersigned has read, understands and agrees to abide by these House Rules as AMENDED MARCH 15, 2001.

Signature

Date:

__________________________________________________________

These House Rules as amended, consisting of 13 type written pages including this page, were approved by the Board of Directors of 2211 Ala Wai Association of Apartment Owners at its regular meeting on February 6, 2001.

Mr. Mark Elefante, President AOAO

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