Compliance with these House Rules is required by Hawaii Revised Statutes (HRS) §514B-112, and Section I, First Restatement of the Declaration of Condominium Property Regime of Waikiki Banyan (Declaration).
1.2. Costs of Enforcement.
In accordance with V, Section 5 of the By-Laws of the Association of Apartment Owners Waikiki Banyan (Association), the cost of enforcement is the obligation of the apartment owner responsible for the conduct of the person violating these House Rules. In addition, HRS §514B-157 (a), provides in part that:
“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….”
Each owner shall be provided one hard copy of the House Rules, as revised, at no charge. Additional hard copies are available at nominal cost. In addition, the currently revised House Rules are available in electronic form for download from the Association’s web site, http://www.waikikibanyan.org/. Each owner or owner’s authorized agent is responsible for providing a copy of the House Rules to any person occupying the owner’s apartment.
1.4. Housing Non-Discrimination Policy.
Waikiki Banyan has adopted the Housing Non-Discrimination Policy published by the Hawaii Civil Rights Commission. A copy of this policy is available upon request at the Admin Office.
an individual or organization legally authorized by an owner to act on the owner’s behalf.
2.2. Common Elements:
as defined in Section A. 2. of the Declaration includes, among other things, the land, yard, grounds, landscaping, refuse facilities, driveways, recreation deck, parking garage, lobby. A common element is an element of the building that serves more than one unit.
a person other than an owner, tenant or lessee, lawfully on the premises pursuant to the invitation of an owner, tenant or lessee.
an individual or organization leasing any portion of a common element of Waikiki Banyan under the terms of a lease filed with the Association’s Board of Directors. A lessee may also be an owner.
2.5. Limited Common Elements:
defined in HRS §514B‐35 (2) as elements of the building that serve or are for the exclusive use of a single unit.
the on-site person(s) employed by the Association to administer the day-to-day operation of Waikiki Banyan Condominium.
any person lawfully occupying an apartment at Waikiki Banyan for any period of time, whether or not otherwise defined as an owner, tenant, lessee or guest.
A. the person or persons holding legal title to an apartment, and/or
B. the purchaser of an apartment pursuant to an agreement of sale recorded in the Bureau of Conveyances.
an individual, firm, corporation, partnership or other legal entity.
only dogs, cats, small to medium sized caged birds and fish kept in a single aquarium no larger than 25 gallons.
the entire condominium project, consisting of residential apartments, limited common elements and common elements.
those persons who collectively are employed directly by the Association. Staff does not include contractors or their employees engaged by the Association for a specific project.
a person occupying an apartment at Waikiki Banyan pursuant to the terms of a written agreement not filed with the Board of Directors.
Guests may be invited onto the premises by an owner, tenant or lessee. A guest may not be invited by another guest. Guests are authorized to remain on premises only so long as they comply with the House Rules and other relevant Association documents. The access and use of the 6th floor recreational facilities shall be limited to residents (owner, tenant, lessee) and, when accompanied by the resident, to not more than 4 family members and/or guests per unit. Except for ingress or egress, guests must always be accompanied by their hosts in order to use the common elements as noted.
No person on the premises shall make or cause to be made any noise or engage in any loud or offensive conduct which shall disturb or annoy any other person.
3.3. Responsibilities of Owners.
Each owner shall be responsible for ensuring that tenants, guests and any other person(s) on the premises at the owner’s invitation or authority are familiar and comply with the House Rules and other relevant Association regulations. Owners shall be responsible for the conduct of their tenants, guests and others, including liability for any and all damages caused by said tenants, guests and others. Lessees bear the same responsibilities as owners under this Section.
No soliciting of goods or services or religious or political or other causes shall be permitted on the premises.
3.5. Keys to Apartment.
Each owner shall, at the commencement of occupancy or thereafter whenever the apartment door lock(s) shall be changed, provide the Administration Office with the key(s) to his or her apartment to allow access to the apartment for operation of the premises or emergency repairs, in accordance with HRS §514B-137.
3.6. Lock Outs.
An owner who has been locked out of her or his apartment and who has provided the Association with a key to the apartment may retrieve the key from Security for emergency access. If an agent for the owner has provided the key, then that agent may retrieve the key.
If the owner or agent seeking emergency access to an apartment is not known to Security, then they must provide positive identification prior to being allowed to retrieve the key.
3.7. Exterior Surfaces.
No awnings, shades, screens, vertical blinds, window guards, radio or television antennae, or other objects shall be attached to or hung from the exterior of the building, or from planters, or to protrude through the walls, windows or roofs thereof. No notice, sign, advertisement, bill, poster, illumination, display or other means of communication shall be inscribed or posted on or about the premises, or from the exterior of the building whether visible or not from the outside of the building (except within apartments in locations not visible from the outside of the building). Nothing shall be displayed or projected from any windows of the building. An owner or lessee desiring an exception to this rule must petition the Board of Directors for specific written approval.
Only appropriate lanai furniture and small plants may be placed on apartment lanais. Flammable material may not be kept on the lanai. Barbecue grills or other cooking facilities are strictly prohibited.
No clothes or unsightly objects may be hung to dry on the lanai or lanai railings. Lanais must be painted to conform with the color code established for the building exterior. Lanais may not be painted or decorated so as to be unsightly or offensive to other occupants. The lanai area may not be used for storage purposes. An occupant shall remove upon request of the Manager any object that is judged unsightly by the Manager. Washing of lanais or watering of plants must not cause water to leak into other apartments or onto the lanais of other apartments.
3.9. Electrical Wiring.
No owner, tenant, lessee or occupant shall install any wiring or electrical or telephone installation, or install any electrical equipment or appurtenances the operation of which may overload or damage building electrical wiring. No modification to existing apartment wiring may be made without express written authorization of the Board of Directors.
3.10. Plumbing Standards.
All plumbing replacement parts and components must conform at minimum to the standards listed in Appendix A.
3.11. Air Conditioning.
Air conditioning must be maintained so as neither to cause leaks into other apartments nor to cause excessive noise. No additional air conditioning unit may be installed in any apartment without express written approval of the Board of Directors.
The installation of a split air conditioning system is permitted provided it meets management approval and other requirements herein, including but not limited to:
A. no structural modifications to the building;
B. no overloading of electrical or plumbing systems;
C. installation by a licensed contractor.
The side of all draperies or curtains or venetian style blinds nearest the windows or opening toward the exterior of the building shall be of the original standard white color to enhance the outward appearance of the building.
3.13. Glass Tint: Window Surfaces.
No glass tinting is allowed on any exterior windows of an apartment without specific written authorization from the Board of Directors.
Nameplates, initials or other personal identifying signs or lettering shall not be visible from the exterior doors or walls or on windows visible from the exterior of the building or on parking stalls.
The Manager shall not accept deliveries of mail or personal property on behalf of any occupant. The Manager, Association, Board of Directors, Managing Agents or employees thereof shall not be liable for loss of or damage to packages or other deliveries left in the halls, at doors of apartments or any other undesignated place on the premises, nor for any article left with any employee, nor for any personal property of an occupant placed or left in or about the common elements.
3.16. Dusting and Sweeping.
Garments, rugs, mops and other objects shall not be dusted or shaken from windows or lanais, stairways, corridors or fire escape areas of the building or cleaned in the common elements. Nothing shall be thrown or emptied by any person out of windows or doors into or onto the common elements.
3.17. Apartment Maintenance.
The repair and maintenance of apartment interiors, windows and appurtenant lanai spaces is the responsibility of the apartment owner. No Association or Managing Agent employee shall repair or maintain any apartment, nor shall any Association tools, equipment or supplies be used by an owner or occupant, except when an emergency threatens damage to other apartments or common elements. Contractors and workers on the premises to work in a unit at an owner’s invitation must sign in and out with Security.
3.18. Activity on Premises.
Nothing shall be allowed, done or kept in any apartment or common element which would overload or impair or damage the structural, electrical or plumbing systems or their components, or cause any increase in the ordinary premium rates or the cancellation or invalidation of any insurance thereon maintained by or for the Association. No unlawful, noxious, offensive or nuisance-causing activity shall be engaged in on the premises.
Smoking is a known health and safety hazard and a significant nuisance‐causing activity. In accord with the Revised Ordinances of Honolulu, §40‐21, smoking is prohibited within twenty (20) feet of all covered and partially covered common areas. In addition, smoking is prohibited on the recreation deck.
3.19. Combustible or Toxic Substances.
No explosive of any nature whatsoever, including but not limited to fireworks and black powder, shall be brought onto, stored or used on the premises. No highly combustible or toxic substances, except those which are of such nature and limited quantity as are usual and incidental to the normal operation of the building, private residential occupancy of an apartment or the normal operation of a motor vehicle, shall be brought onto, stored or used on the premises.
3.20. Firearms and Ammunition.
Firearms and ammunition brought onto or kept on property by any occupant must be both lawfully registered and registered with the Manager. Registration consists of providing the Association a copy of the State of Hawaii Firearms and Ammunition Registration form for the items to be registered. Owners or their agents are responsible for ensuring registration of firearms by their tenants and lessees.
Trash shall be secured in bags before being deposited in the trash chutes or bins. Glass containers may not be disposed of in trash chutes. Glass containers may be left in trash rooms for pickup and disposal by the Association.
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.
3.22. Liability for Damage.
Each owner shall be liable to the Association for all costs and expenses, including administrative charges, attorney’s and other legal fees, incurred by or on behalf of the Association to repair, replace or restore any damage to or destruction of the common elements, which damage or destruction was contributed to or caused by the owner or anyone on the premises pursuant to the invitation or authority of the owner.
3.23. Association Disclaimer of Liability.
The Association, its Board of Directors, and all agents and employees thereof shall not be liable in any manner whatsoever for loss of or damages to any personal property or injury to or death of any person on the premises, whether such loss, damage, injury or death occurs in an apartment or in the common elements, unless such loss, damage, injury or death is the direct result of misconduct of the Association, its Board of Directors, or any agent or employee thereof.
3.24. Manager’s Discretion.
In all matters concerning the standards herein enunciated, the Manager shall be the final judge of compliance.
Any owner, tenant or lessee wishing to reserve a portion of the common elements must do so by written request to the Board of Directors.
4.2. Obstruction of Ingress and Egress.
The driveways, sidewalks, vehicle lanes, passageways, walkways, lobby entryways, elevators, stairs and common corridors are for ingress and egress only and shall not be obstructed or used for play. No items of personal property, except as otherwise allowed by the House Rules, Declaration or By-laws, shall be placed or left in any of the areas specified in this section.
4.3. Group Activities.
Group activities that obstruct or occupy areas of the common elements and thereby prevent their use by individuals who are not part of the group are not allowed without the express permission of the Manager. Commercial group activities are strictly prohibited.
4.4. Personal Property.
No owner, tenant or lessee may place personal property in or on any common elements without the express permission of the Manager.
Bicycles and surfboards are permitted only in the designated freight elevators, car #1 in Tower I and car #5 in Tower II. No motorized mode of transportation, other than a wheelchair, shall be allowed the use of any elevator at any time. No person shall smoke, drink or eat in any elevator at any time.
4.6. Elevators: Independent Use.
The designated freight elevators may be used under independent control by owners, tenants, agents or lessees for purposes of moving large or bulky objects or large quantities of items by scheduling such use with the Association’s Security Office. Such use must be scheduled at least twenty-four (24) hours in advance. Extended use of one-half hour duration or longer must be scheduled at least one week in advance. The elevator key must be signed out from the Security Office. Owners, tenants, agents or lessees granted independent use of a designated freight elevator must keep an operator in the elevator at all times during such independent use.
4.7. For Sale Signs.
No owner, tenant, agent or lessee, or other person on owner’s authority or direction shall place “For Sale,” “For Rent,” “Open House” or similar signs anywhere on the premises except in the spaces provided on the appropriate bulletin boards in accord with Section 4.8, below.
4.8. Bulletin Boards.
Bulletin boards are placed in the common elements only as designated by the Board of Directors. All notices and announcements must be approved by the Manager prior to posting to the appropriate board. All posted notices shall be prepared in uniform fashion by the Manager to conform to Board-approved standard style and size, and will be posted for a maximum period of four (4) weeks. “Open House” notices shall be posted in the Open House bulletin board only on Saturdays, Sundays, and Holidays during the hours of 1-5 p.m. and Wednesdays 9-11:30 a.m.
4.9. Fire Equipment.
Fire doors, including each apartment’s fire-rated entry door, must remain closed at all times. Tampering with fire alarms and other fire safety equipment is a criminal offense for which the Manager will recommend prosecution. Fire alarm system smoke detectors and speakers located in each unit will be maintained in good working order by the unit owner or his representative.
4.10. Bicycles and Tricycles.
Bicycles shall not be ridden on the premises and shall be transported only in the designated freight elevator. Bicycles may be stored in the occupant’s apartment, and parked, at the owner’s risk, in the designated bicycle parking area in the parking garage. Bicycles so parked must bear both Honolulu City & County and Waikiki Banyan registration emblems. A Waikiki Banyan registration emblem will be issued upon a bicycle being registered with Waikiki Banyan Administration.
Tricycles, other children’s riding toys, roller skates and skateboards may not be ridden in or left about any of the common elements; they may be stored in the occupant’s apartment.
5.1. Vehicle Definition.
For purposes of this Article, “vehicle” means automobile, van, truck, motorcycle, motorbike (moped), bicycle and other similar motorized transportation device. Powered wheelchairs are not considered vehicles under this Article.
5.2. Vehicle Operation.
The vehicle speed limit on the premises is 5 mph. Drivers must observe all posted traffic signs, exercise extreme care for the safety of pedestrians, and operate their vehicles responsibly and quietly, so as not to cause hazard or nuisance. Vehicles that are not operated in accord with Association House Rules and posted regulations may be prohibited from entering and parking on the premises.
5.3. Vehicle Condition.
All vehicles on the premises shall be in lawful operating condition with current license and safety inspection sticker or the vehicle owner shall provide proof of ownership and of insurance. Documentation must be provided if license plates are surrendered to Honolulu Police Department.
Parking stalls are unassigned. All vehicles parked on the premises shall be parked only within marked parking stalls, except as noted in 5.6. Posted rules for parking must be observed. All vehicles parked on the premises must display proper authorization. Vehicles parked in violation of these House Rules or posted regulations may have their authorization to park rescinded.
Mopeds, defined as being powered by motors under 50cc, and bicycles may be parked in the designated moped and bicycle parking areas and must bear a Waikiki Banyan registration emblem. Moped and bicycle parking is for Waikiki Banyan residents only.
5.5. Owners Parking Permits.
Parking permits are available for owners. Parking permits are issued directly to a lawful owner or to a person with written authorization from the lawful owner to receive the permit. The parking permit may be used to park one (1) vehicle for one (1) unit. Except as noted in this Section, the parking privilege represented by the owner’s parking permit is not transferable, nor may it be sold, leased or rented. An owner’s parking permit may be used only by
A. an owner occupying his or her unit,
B. the tenant of a unit if so authorized by the unit owner, or
C. 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.
5.6. Oversized Vehicle Parking.
Oversized vehicles are those that are too high to proceed past the garage post or too long to fit into a standard parking stall. Overheight vehicles may park in the specially marked stalls adjacent to the garage entrance. Overlength vehicles may utilize tandem stalls located behind and accessed through regular stalls and must pay current rates for the additional stall(s) utilized.
5.7. Registration of Parked Vehicles.
Vehicles parked unattended for a period exceeding seven (7) days must be registered with the Manager prior to such long-term parking. Registered vehicles must conform to other provisions of these House Rules governing vehicles. Long-term parking is not to exceed twelve (12) months in duration. Vehicles that are left on the premises longer than twelve (12) months or that fail to conform to other provisions of these House Rules may have their authorization to park revoked.
5.8. Loading Zones.
Designated loading zones are adjacent to the ground floor doors in each tower. Vehicles may use these zones only for the purpose of loading or unloading, not for parking. Loading zones may be used a maximum of fifteen (15) minutes.
5.9. Unauthorized Parking.
Vehicles parked in parking stalls other than as authorized in other Sections of this Article will be considered to be parked on private property without authorization. Such vehicles may be towed away from the premises at the vehicle owner’s and driver’s cost and risk, and be prohibited from Waikiki Banyan premises thereafter.
5.10. Vehicle Repairs.
No major repair may be made to any vehicle on the premises. “Major Repair’ is defined, for purposes of this Section, as any repair involving excessive noise, draining and replacement of automotive fluids, disassembly of mechanical or electrical components, or that takes longer than one hour to finish. The Manager is authorized to prohibit any repair which in his or her judgment is annoying in any way.
5.11. Vehicle Washing.
No vehicle may be washed on the premises.
5.12. Non-Occupant Owner Parking.
A non-occupant owner is an owner who is not residing in his or her apartment. Specially marked parking stalls are reserved for the exclusive use of non-occupant owners.
5.13. Visitor Parking.
Specially marked parking stalls are provided for guests of owners or lessees. Guests may park for a maximum of four (4) hours free of charge, provided they complete the appropriate registration procedure at the Security garage post, and provided a visitor parking stall is available.
5.14. Handicap Parking.
Specially marked parking stalls are reserved for handicap parking. Van accessible handicap parking stalls are available in the porte cochere for handicap vehicles that do not fit inside the parking garage. Persons using these reserved handicap stalls must possess and display official Handicap Parking Authorization forms or receive authorization from the Manager, and are subject to the usual parking fees.
Waikiki Banyan Bylaws allow owners and occupants to keep pets in their units, subject to the provisions of this section. Tenants of unit owners must be so authorized by the owner. Tenants must provide evidence of such authorization upon demand of the Association.
A “reasonable number” of pets, as determined by the Manager, may be kept in an apartment.
Pets may not be bred or used for commercial purposes.
No visiting pets are allowed on the premises.
6.5. Common Elements.
Pets accompanying occupants into any common elements, including the elevators, shall be hand-carried or kept on a leash at all times.
Pets shall be walked on a leash or carried off and on the premises and excrement picked up and disposed of in accordance with Board of Health regulations.
The pet owner shall bear all financial and other responsibility and liability for any personal injury or property damage caused by the pet to any owner, occupant, guest, Association employee, or member of the public.
Any pet which is judged by the Manager to be a nuisance, or which causes disturbance to any occupant, or causes damage to the building or grounds shall be permanently removed by the owner promptly upon notice given by the Board of Directors.
7.1. Hours of Operation.
The recreation deck, except for the swimming pool, is open at all times, on condition that no noise or activity on the recreation deck disturbs any resident. The Association does not assume any responsibility for persons using any facilities on the recreation deck. Use of any of the facilities on the recreation deck shall be at the occupant’s and guest’s sole risk. While there are no specific age restrictions upon children’s use of the various facilities on the recreation deck, parents and/or their guardians are expected to utilize reasonable judgment in determining that their children are adequately and safely supervised whenever they are present on the recreation deck.
Smoking is not permitted on any part of the recreation deck that is not a Board-designated smoking area.
7.3. Clean Up.
Any occupant or guest using a portion of the recreation deck shall ensure it is left in clean and orderly condition.
Loud noise of any kind shall be avoided at all times. Radios, tape players and other sound producing devices must be played at moderate levels, and in any case must not cause annoyance.
Official “Quiet Time” is from 10 pm to 6 am daily. During this time only normal conversational-level noise is allowed. No artificial sound producing devices of any kind may be played.
Subject to availability, occupants may cook on the recreation deck from 8:00 a.m. to 10:00 p.m. using the installed cooking facilities. Reservations are not necessary, but may be made with Security if desired.
No containers of glass or other breakable material are allowed on the recreation deck.
7.7. Tennis Court.
Occupants may reserve the tennis court by signing up at the Security Office the day before they want to use the court. Proof of residency is required to reserve the tennis court. The reservation sheet is posted daily at the tennis court.
7.8. Swimming Pool.
A. 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.
B. There is no lifeguard on duty. Occupants and guests use the pool at their own risk.
C. Hair pins and similar items must be removed before entering pool.
D. Glass or other breakable containers must not be brought into the pool area.
E. Only U. S. Coast Guard approved or otherwise attachable small personal flotation devices may be used in the pool.
F. “Horseplay,” running, screaming, throwing or tossing any objects, or other loud or boisterous behavior is not permitted in the pool area.
G. Swimmers must wear proper swimming attire.
H. Diving or jumping into the pool is not permitted.
I. No one in a dripping wet bathing suit shall enter the elevators or other common areas of the building from the pool.
J. 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.”
K. Special toddler diapers shall be used to prevent contamination of the pool.
All of the rules set forth in Section 8 above (Swimming Pool) shall also apply to use of the spa, except that no flotation devices of any kind shall be permitted in the spa.
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.
The saunas are dry heat facilities. Hours of operation are between 8:00 a.m. and 10:00 p.m. A key is required for access to the saunas and showers. Washrooms, restrooms, saunas and showers will be secured between 10:00 p.m. and 8:00 a.m. No liquid of any sort is permitted inside the saunas.
8.1. Lawful Presence.
Contractors may be on property only while working under contract to or on behalf of the AOAO of Waikiki Banyan, Inc., or an individual owner, lessee or lawful resident.
Contractors must bear visible identification while on site.
Contractors must sign in and out with Security every day before and after work hours.
A contractor working on behalf of the AOAO will be allowed to park at Waikiki Banyan during work hours. Contractors working for other parties lawfully at Waikiki Banyan may park one vehicle per unit at no charge. All contractors must obey all Waikiki Banyan rules for vehicle operation and parking while on site.
No smoking on the job.
8.4. Use of Facilities.
Contractors working on behalf of the AOAO may use Waikiki Banyan toilet facilities on the second floor only. They are unmarked doors at the end of the elevator foyer. Sign out the key from Security.
- Contractors may not use any Waikiki Banyan tools or equipment.
- Do not use Waikiki Banyan facilities which are intended for the use of residents and guests, such as recreation deck facilities.
- Food and drinks may be purchased at the 6th floor (recreation deck) Snack Bar or at the ground floor Mini‐Mart and Coffee Shop.
- Do not use any facility or property of any unit in Waikiki Banyan.
- Do not obstruct access ways to or through the building.
- Do not tamper with, damage or modify any part of Waikiki Banyan not specified under the terms of the contract. When in doubt, check with a foreman or supervisor.
- Clean up work areas at the end of each work day.
- Do not dispose of trash or rubbish generated in the course of work in Waikiki Banyan trash rooms or trash chutes. Contractors are responsible for the safe removal of any such trash.
- Do not do anything which would create or cause a hazard.
- Do not do anything to cause a nuisance or generate complaints from residents.
- Be aware of and conform to any other Sections of Waikiki Banyan House Rules that may apply.
Contractors may not discuss their work with anyone not approved by the party with which they are contracted.
9.1. Fining Procedure.
Pursuant to the grant of authority set forth in Article IV, Section 1(m) of the By‐Laws, the Board of Directors has adopted the fining procedure detailed in Appendix B 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.
Plumbing Replacement Part Standards
A.1. Water Piping.
A. Copper pipe Type L or K Hard Drawn
B. Lead free solders – no concealed compression joints.
C. All valves to be accessible for servicing.
D. All tub, tub/shower and shower valves shall have integral stops.
E. All tub, tub/shower and shower valves shall be anchored to building structure.
F. Every fixture shall have separate isolation valve.
G. Every fixture shall have air chamber except Ice Maker.
H. Water supply for icemakers shall be copper 1/4” minimum, may be soft copper, no plastic tubing.
I. Saddle valves are not to be used for icemaker connections.
A.2. Drain Waste & Vent Materials.
A. Cast iron with no hub connection.
B. Copper type L with lead free solder joints.
C. Galvanized Iron pipe with Durham fittings.
D. All transition between dissimilar materials shall be with transition couplings.
E. All traps shall be metal.
F. No PVC or ABS allowed.
A.3. Valves and Faucets
A. All valves and fittings shall be rated 125 psi or better.
B. All tubs, tub/shower and shower valves shall have integral stops and integral balance spools. Balance spools and stops shall be accessible.
C. All kitchen, bar, and lavatory faucets shall be 2 handle only.
D. All supply connections to faucets shall be with metal connections.
A. Tubs shall be porcelain, steel, cast iron, americast, or fiberglass.
B. Lavatories shall be cast iron, porcelain, steel, molded stone, molded marble or fiberglass.
C. All water closets shall be 1.6 gallon flush.
B.1. Amount of Fines.
A. 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.
B. 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.
C. The Board may delegate its authority to issue citations and/or to assess fines to the Managing Agent and/or the General Manager.
Each citation issued shall briefly describe the nature of the violation, date of the violation, apartment number, and name of parties involved, if known. The original citation shall be delivered to the apartment owner who shall be responsible for payment of any applicable fine. If the apartment owner is not an occupant, then a copy of the citation shall also be delivered to the occupant; however, this shall not be deemed a waiver of the apartment owner’s responsibility for payment of any applicable fine.
B.3. Payment of Fines and Liability.
Apartment owners shall be liable for their own fines and for fines assessed against their tenants, guests, agents, or employees. Unless appealed as permitted below, a fine must be paid by the apartment owner to the Association within thirty (30) days of the citation and assessment of the fine. If the apartment owner fails to pay or appeal a fine within thirty (30) days after the fine is assessed, the fine shall be deemed an expense specially assessed against the apartment. The Association may file a lien against the apartment for the unpaid fines and may collect the unpaid fines under the procedures provided in the Governing Documents for collection of delinquent assessments, including the assessment of late fees for fines that remain unpaid, unless the Board votes to suspend or cancel the fine.
B.4. Appeal of Fines.
Any citation or fine may be appealed as provided in this section.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
A. Upon providing notice to all owners, the Board reserves the right to establish a new schedule of fines at any time.
B. 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.
C. 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.