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WHITE SANDS VILLAGE HOUSE RULES APPROVED: August 18, 2015 EFFECTIVE OCTOBER 1, 2015

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Page 1: WHITE SANDS VILLAGE HOUSE RULESdtfyamyvs1iv1.cloudfront.net/aoao/b/white_sands_village_house_rules_2015.pdf6. For health and safety reasons all persons entering the pool or hot tub

WHITE SANDS VILLAGE

HOUSE RULES

APPROVED: August 18, 2015

EFFECTIVE OCTOBER 1, 2015

Page 2: WHITE SANDS VILLAGE HOUSE RULESdtfyamyvs1iv1.cloudfront.net/aoao/b/white_sands_village_house_rules_2015.pdf6. For health and safety reasons all persons entering the pool or hot tub

TABLE OF CONTENTS

A. GENERAL HOUSE RULES

Page 1 – 3

B. PARKING RULES

Page 3

C. POOL/HOT TUB RULES

Page 4

D. BARBEQUE AREA RULES

Page 4

E. SAUNA RULES

Page 4

F. RECREATION ROOM RULES

Page 5

G. TENNIS COURT RULES

Page 5

H. ENFORCEMENT PROCEDURES Page 5

I. MISCELLANEOUS

Page 6

1. Exhibit A, WSV Construction Rules and Guidelines

Page 7

2. Exhibit B, Policy to Terminate Access to Common Elements and Cease Services

Page 8

3. Exhibit C, White Sands Village AOAO Responsibility Matrix (is in review/rewrite and will be sent to Owners for comment.)

Page 9

4. Exhibit D, Resident Manager Key Guidelines

Page 10

5. Exhibit E, Resolution to Require Unit Insurance

Page 11

6. Exhibit F, High Risk Fixtures Resolution/Matrix ( is in review and will be attached after being sent to Owners for comment.)

Page 12

7. Exhibit G, Application of Payments Resolution

Page 13

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WHITE SANDS VILLAGE

HOUSE RULES (Revised 8-18-2015)

Full authority to enforce the following rules and any other action or non-action that infringes upon the rights of others, or endangers an owner, occupant, guest or others, in the opinion of the Resident Manager, is hereby vested in the Resident Manager. Non-compliance with the "Rules" will result in appropriate action (See Section H, Enforcement Procedures).

The following definitions apply to terms used in this document. “Resident” is an Owner, or a Tenant who pays rent. A “Guest” is a visitor to the unit at the invitation of a resident. Guest status is subject to the inviting resident (Owner or Tenant) being on site.

A. GENERAL HOUSE RULES

1. Facilities are for the exclusive use of Residents and their Guests at White Sands Village and are not for hosting groups in excess of six guests.

2. All owners or their Agents shall provide a copy of the House Rules and/or Abbreviated House Rules, as applicable, in their units prior to the arrival of guests or tenants. 3. Owners, tenants and guests shall notify the office upon arrival or within 24 hours at the latest. Hawaii State Statutes require the Association to know who is staying in our units and what vehicles are on property at all times. It is imperative that all occupants of each apartment be known in the event of an emergency.

4. Owners or Agents shall notify the office of all future arriving guests and renters in advance in writing, by email or by fax. Phone calls are not accepted.

5. The common halls, corridors, sidewalks, and stairways shall not be obstructed or used for any purpose other than for ingress or egress from the apartment.

6. Driveways and carports are not to be used for ball playing, bicycling (except for ingress and egress), skating, skateboarding, or storage of personal items with the exception of bicycles/scooters as stated in House Rule B. 5.

7. No one shall be permitted to play or loiter in the halls, elevators, stairways, and carports.

8. No occupant shall make or permit any disturbing noises including stereos, musical instruments or wind chimes on the premises by themselves, family, friends, or guests; nor, do or permit anything to be done by such persons that will interfere with the rights, comfort or convenience of other occupants. Wind chimes must be removed or wrapped during quite time if there is a complaint. All residents shall maintain quiet between the

hours of 10:00 PM through 8:00 AM daily. Please be mindful that your voice carries when using your cell phone outside of your unit.

9. Possession or use of illegal drugs is prohibited in all areas of White Sands Village. Law enforcement will be notified immediately and may result in eviction.

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10. All damages to the building/elevator, including those caused by moving and carrying of articles therein, shall be the liability of the apartment owner, guests, or tenants having caused such damage.

11. No objects, excluding footwear and door mats, shall be allowed outside of the front alcove of any apartment. Nothing shall be left on the main walkway.

12. There shall be no cooking or barbequing of any kind on the individual lanais. Only WSV barbeques are allowed in designated, marked areas.

13. Nothing shall be dropped, shaken or thrown from walkways, lanais or apartment windows; including bird or animal food, which is also expressly prohibited on lanai walls and/or railings. DO NOT feed the birds.

14. Nothing shall be hung from lanai railings or walkway walls (such as towels, clothing, etc.). Only normal furnishings may remain on the lanais in view of other apartments. Serviceable sport equipment (surfboards/paddle boards) in good condition may be visible. Banners during Ironman and the Super Bowl will be allowed and must be removed within 24 hours after the event. Christmas decorations will be allowed to go up the day after Thanksgiving and must be removed no later than January 2nd. 15. Any cabinets, lockers, or storage type units placed on lanais must be free standing and not exceed 36" in height.

16. No signs, nameplates, shades, awnings, window guards shall be used or the replacement of the original exterior front door except such as shall be approved in advance by the AOAO Board of Directors. Any sunshade installed will be dark brown in color with a fine weave. For examples, check with the Resident Manager. No more than two (including unit number) decorative wall plaques 8 X 12 or smaller are allowed on the common entry walls by the front door. For better visibility unit numbers may also be placed above the door.

17. Each apartment’s exterior front door and screen door shall be keyed consistent with use of a master key for emergency access and scheduled maintenance/repair of common and limited-common elements. Either a Schlage Classic series (with C 5-pin or E 6-pin keyway) or Kwikset residential (with KWI keyway) lock may be used. Kona Locksmith can answer any questions related to these master key lock types.

18. Please keep a unit key with you at all times to prevent accidental lockout. Tenants may need to contact the rental agent, owner or a locksmith to gain entry into the unit. In the event the Resident Manager is available and able to provide entry for registered tenants, a $50 lockout charge may be assessed to the owner.

19. No soliciting of any type shall be permitted on the premises and solicitors shall be regarded and treated as trespassers.

20. The pool, hot tub, sauna, BBQs and recreation room are in a locked, gated area for safety reasons. A special “pool key” provided by the owner or their rental agent is required to open the gate(s) for access to these common areas. A lost pool key will result in a $50 replacement fee being charged to the owner of the unit.

21. No children under the age of twelve (12) shall be allowed inside the gated common areas without an adult resident of White Sands Village because of potential injury during unsupervised use of the pool, hot tub, saunas and/or BBQs.

22. NO SMOKING is permitted in any public area of the property except for the designated smoking area behind the Maintenance Building.

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23. Pets are not allowed in any common area except in transit when carried or leashed. 24. Private hot tubs/water beds are not allowed due to no Association insurance coverage, potential damage to other units should a leak occur and noise/vibration concerns with other units.

B. PARKING RULES

1. The parking stall(s) assigned to each apartment is/are for the exclusive use of that unit’s owner(s) and/or their assignees; and may not be occupied at any time by anyone else without the written permission of the owners or tenants of that unit.

2. Any vehicle or item parked without authorization in a parking area other than that assigned to it, or any vehicle which obstructs ingress or egress, may be towed away and stored at the expense of the violator. If the violator is a tenant or guest and does not pay the expense, the owner will be liable for payment.

3. Neither residents nor their guests shall leave their cars unattended while loading or unloading by the elevators or stairwells. Cars shall be promptly removed when the loading or unloading is completed.

4. Boats and trailers wider or longer than designated stalls are prohibited. All boat parking shall receive prior approval from the Resident Manager.

5. All bicycles, motorcycles and similar types of vehicles must be stored in front of the unit parking stall with Board approved apparatus to attach said vehicle. No other items shall be stored in this area without Resident Manager approval.

6. Commercial or oversized vehicles (large trucks, motor homes, semi-tractors and/or trailers) must receive prior approval from the Resident Manager for overnight parking; otherwise, these vehicles will be towed away at the owner's expense.

7. Extensive repairs to equipment are not permitted anywhere on the property. This includes oil changes and/or repairs to motor driven vehicles, golf carts, boats, surfboards, etc. The Resident Manager, in his sole discretion, shall determine whether or not extensive repairs are being made.

8. "Visitor" parking stalls are for staff, contracted workers and guests and only while on property; they are not to be used by residents for their cars or motorcycles except in unusual circumstances with prior office notification.

9. All motor vehicles shall comply with state noise abatement requirements. 10. Fluid spills in parking stalls must be cleaned up immediately by the responsible owner, tenant or guest. Cleanup performed or contracted by staff will be billed to the unit owner.

11. Owners who have covered parking spaces are responsible for cleanliness of the space located between the wall and the end of the space. -3-

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C. POOL/HOT TUB RULES 1. Pool/hot tub hours are from 9:00 AM to 10:00 PM daily, including weekends and holidays.

2. Unnecessary noise while swimming or when in the pool/hot tub area that could disturb the occupants in the adjacent buildings is not permitted.

3. No unnecessary noise, including games such as Marco Polo, running, pushing, horseplay or diving will be tolerated in the pool/hot tub area, nor will any other dangerous or irresponsible conduct be allowed.

4. No scuba equipment, swim fins, water guns and no balls or throwing of any objects. Only noodles, personal floatation devices (life jacket), aqua bells, snorkel and masks are authorized.

5. Pool/hot tub users shall wear conventional swimming trunks or bathing suits.

6. For health and safety reasons all persons entering the pool or hot tub must be continent/toilet trained. Swim diapers or waterproof pants are not an acceptable substitute. A portable plastic pool is available upon request from the office.

7. No food or beverages in glass containers shall be allowed on the pool/hot tub decking.

8. Swim at your own risk - No Lifeguard on duty. The Association assumes no liability.

9. Guest must be accompanied by an adult occupant of the host apartment who shall be responsible for the guests’ conduct and compliance with these rules.

10. Persons with any infections, open sores, or bandages are prohibited from the pool and hot tub.

D. BARBEQUE AREA RULES

1. Individual grills may be reserved for 30 or 60 minutes. A sign-up sheet is located on the bulletin board in the BBQ area. Grill reservations are held for 10 minutes only. If you do not reserve a grill please check the

sign-up sheet and time before selecting one.

2. Parties wanting to reserve the barbeque area for group party use must sign up in the office, provide a list of guests at the time of booking and pay a refundable $25.00 deposit. The number of guests may not exceed six. The deposit will be returned if there is no damage and the area is left clean. The owner is liable for any and all damage or clean up costs in excess of the $25.00.

3. Use of the barbeque area for group parties does not exclude use of individual barbeque grills to other units.

4. The barbeque area and all grills shall be left clean following use.

5. Ice from the ice machine is specifically for use at the pool/hot tub or barbeque area only. DO NOT use the icemaker as a refrigerator.

E. SAUNA RULES

1. Follow rules for sauna posted in the sauna room. -4-

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F. RECREATION ROOM RULES 1. Recreation room hours are from 9:00 AM to 10:00 PM.

2. All persons shall use the pool table in a mature and responsible manner. Nothing other than billiard equipment shall be placed on the pool table. Any damage to the equipment shall be charged to the responsible party or their host. 3. Pool table and recreation room is for the exclusive use of residents/occupants. Visitors must be accompanied by their host. 4. Players must be at least twelve (12) years old or accompanied by an adult host. 5. Maximum group size for pool table is limited to 6 persons including host. 6. One hour limit for any one group.

G. TENNIS COURT RULES

1. Courts are for the exclusive use of owners, tenants and guests at White Sands Village. Visitors must be accompanied by their host.

2. Courts are open at 8:00 AM. One court permitted per unit, per day, for one (1) hour, unless a court is open for ten minutes after any hour in which case it may be signed up for. Players may not use another unit number other than their own to secure a court.

3. To reserve a court, players must sign-in at the front of the office and list all players by name; and players must be on court by ten minutes after the hour.

4. Players should wear conventional tennis attire and must wear tennis "court" shoes. No shoes that will leave marks on the court surface are allowed.

5. Association assumes no liability in case of accident. Players use courts at their own risk.

6. No compressed-air ball machines, radios, cigarettes, food/beverages in glass containers are allowed, and no unnecessary noise will be tolerated.

7. Tennis court area is for tennis only.

H. ENFORCEMENT PROCEDURES

1. Resident Manager shall have enforcement authority with full backing of the Association Board.

a. First violation - warning notice. b. Second violation - fine of $50.00 levied against apartment owner. c. Third violation - fine of $150.00 levied against apartment owner. d. Fourth violation - grounds for eviction of tenants or guests.

2. In the case of mitigating circumstances, the Resident Manager may determine that an appeal to the Board would be appropriate. -5-

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I. MISCELLANEOUS (Attached)

1. Exhibit A, WSV Construction Rules and Guidelines 2. Exhibit B, Policy to Terminate Access to Common Elements and Cease Services 3. Exhibit C, White Sands Village AOAO Responsibility Matrix is in review/rewrite and will be sent to Owners for comment. 4. Exhibit D, Resident Manager Key Guidelines 5. Exhibit E, Resolution to Require Unit Insurance 6. Exhibit F, High Risk Fixtures Resolution/Matrix is in review and will be attached after being sent to Owners for comment. 7. Exhibit G, Application of Payments Resolution

All of the rules adopted for the Association were done so to protect the enjoyment of the property and amenities by the majority of owners. The Board reserves the right to modify and/or make allowances as necessary based upon circumstances and/or legal requirements.

8/18/2015 President, WSV AOAO Board of Directors This Date

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EXHIBIT A

WSV CONSTRUCTION RULES AND GUIDELINES

Hours of permitted construction work 8am-5pm Mon.- Sat. All construction debris to be taken off site for proper disposal. (No construction debris in community dumpsters) Dirty water (from grout, drywall, etc.) and chemical waste to be taken off site for proper disposal. 24hr notice to be given to WSV office in event of loud hammering or similar loud noise. All in-wall plumbing work (shower, tub valves, rerouting of plumbing) to be performed by licensed plumbing contractors only. All work involving the adding of circuits, replacement of breakers, adding outlets and switches to be performed by licensed electricians only. Install soundproofing insulation before installing tile, stone, laminate or any other type of hard flooring on second and third floor units. Please help keep our elevators beautiful. WSV does provide protection pads for the elevators upon request in the office.

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EXHIBIT B

POLICY OF WHITE SANDS VILLAGE AOAO

(i) TO TERMINATE AN APARTMENT'S ACCESS TO THE COMMON

ELEMENTS OF THE PROJECT, AND (ii) TO CEASE

SUPPLYING AN APARTMENT WITH ANY SERVICES SUPPLIED OR PAID

FOR BY THE ASSOCIATION, WHEN THE OWNER OF THE APARTMENT

IS IN DEFAULT IN THE PAYMENT OF THE COMMON EXPENSES

ASSESSED TO THE APARTMENT

If an Apartment is occupied by the Owner of the Apartment, the Association, through the

Managing Agent or Board, shall have the power to, after sixty (60) days' written notice to the Apartment

Owner and to the Apartment's first mortgagee of the nonpayment of the Apartment's share of the Common

Expenses, terminate the delinquent Apartment's access to the Common Elements and cease supplying a

delinquent Apartment with any and all services normally supplied or paid for by the Association. Any

terminated services and privileges shall be restored upon payment of all delinquent assessments but

need not be restored until payment in full is received.

Approved WSV Minutes, June 8, 2011

3. Written Consents – ME du Monceaux provided updated numbers on the written consents confirming that the Rent Collection and Suspension of Common Amenities Resolutions have been approved by a majority of owners. A motion was made by President Jackie Calkins to send out the confirmation of passage of the resolutions along with a new written consent for HO6 Insurance. The motion was seconded and approved unanimously.

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EXHIBIT C

WHITE SANDS VILLAGE AAOAO RESPONSIBILITY MATRIX

ASSOCIATION / OWNER RESPONSIBILITIES

COMPONENTS ASSOCIATION OWNER

WINDOWS /FRAMES

Outside Paint

Glass, Cleaning,

Inside Paint, Screens & Window Framing

EXTERIOR and LANAI DOORS / FRAMES

Structural Framing, Apartment Number

Plates

Front door (part that

swings), all door hardware, inside and

outside paint, lanai door

frame/glass/rollers and cleaning

LIGHTING

Entry Door Light

Fixture & Bulbs

Lanai Bulb, Interior

Switches, Receptacles, Fixtures

AIR VENT for continual flow-

bathroom vents and dryer exhaust

Main air shaft & motor at the top of

shaft

Keep clean all vents in bathrooms & all

shafts connecting to main air shaft

AIR CONDITIONING

N/A

Gate Valve,

Secondary Lines/Insulation after

Gate Valve, Chiller Unit within

Apartment, Maintenance of

Individual Unit, Filter, Duct & Grates, Fan,

Thermostats, Chemicals, All Lines &

Insulation from

Condenser to Air Handler

PLUMBING

(WASTE LINES)

All Common Collection Lines

Serving Multiple Units, Tub & Shower

Traps & Lines

Sink Traps, Tub & Shower Overflow, In-

Sink Disposal, Remodel Additions

that Impact Common Lines

LANAI DECK

All Major Structural

Components

Finish Tile, Sealing of

Tile & Grout & Rugs

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EXHIBIT D

WHITE SANDS VILLAGE AOAO

‘Resident Manager Key Guidelines’ Lock Outs: All Owners are required under Hawaiian Law to have an “on-Island” Agent. All tenants should be provided with contact numbers for that agent plus a local Locksmith in the event of a lock out situation. As a general policy statement the Resident Manager should have access by master key to all units: Master Key Use:

1.) Emergency Situations - An Emergency is defined as an imminent threat to life and/or property. If entry is made the owner and the Owner’s identified Agent will be notified as soon as possible. 2.) General Scheduled Maintenance with a minimum of 24 hours given to the Owner or the Owners identified Agent. General Scheduled Maintenance is maintenance on any AOAO Limited Common or Common Elements. An AOAO Staff member to be present at all times at the unit being maintained.

Owner Lock Outs: Mondays through Fridays, from 9:00 am to 5:00 pm, if the Resident Manager is available and the unit

is master keyed, the Resident Manager will unlock the unit for the Owner. If the Resident Manager is requested to open the Owner’s unit outside of these times, and is available, there may be a $50 charge for that service.

Tenant Lock Outs:

The Resident Manager may, at his discretion, provide master key access to a registered tenant subject to the Resident Manager’s availability, as stated in Owner Lock Outs, if the following procedure is followed:

a.) Tenant has suitable Identification, which needs to be recorded by the Resident Manager (if the ID is locked inside the unit, the RM must accompany the tenant to the unit and verify the ID). b.) The Owner and or Owner’s Agent must be notified as soon as possible.

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Adopted by the Board of Directors, W

Of May, 2011

EXHIBIT E

White Sands Village AOAO

Resolution to Require Unit Insurance

BE IT RESOLVED, that in accordance with Section 514B-143(g), Hawaii Revised Statutes, and

notwithstanding anything in the Declaration and Bylaws to the contrary, the Board of Directors,

with the vote or written consent of a majority of the owners may require apartment owners

to obtain reasonable types and levels of insurance with coverage including but not limited to

the deductible of the owner whose apartment was damaged, any damage not covered by the

Association's master policy, as well as the decorating, painting, wall and floor coverings,

trim, appliances, equipment, and other furnishings of the apartment.

BE IT FURTHER RESOLVED, that if an apartment owner does not purchase or produce

evidence of insurance requested by the Board, the Board may, in good faith, purchase the

insurance coverage and charge the reasonable premium cost back to the apartment owner,

however, in no event is the Association or Board liable to any person either with regard to

the failure of an apartment owner to purchase insurance or a decision by the Board not to

purchase the insurance for the owner, or with regard to the timing of its purchase of the

insurance or the amounts or types of coverage's obtained.

hite Sands Village AOAO this 11th day

On behalf of Board of Directors, White Sands Village AOAO

The following are the minimums that you are required as an owner to carry: Dwelling – at least $10,000 plus any improvements made by owner Personal Property - $5,000 Loss Assessment - $10,000 Personal Liability - $300,000 These are minimum levels and all owners are encouraged to discuss their needs with their personal insurance agent. Owners are required to provide the Association annually with proof of insurance compliance with this policy.

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EXHIBIT F

WHITE SANDS VILLAGE AOAO

Board Resolution

High Risk Fixtures

BE IT RESOLVED, that the HAWAII REVISED STATUTES (HRS) 514b, under section 514b-138 ‘Upkeep of condominium: high-risk components’, allows for an AOAO Board, to identify and require both inspection and repair of such components by owners in order to protect the common elements. The Board of Directors of WHITE SANDS VILLAGE AOAO has determined such elements and will adopt this resolution requiring for inspection and repair of such identified ‘high risk’ fixtures. BE IT FURTHER RESOLVED, that if an apartment owner does not comply with either or both, the inspection of these fixtures and recommended repair. The Board will, after reasonable notice, contract with a licensed professional to enter, inspect and repair any fixtures. The costs of this action will then be assessed to the owner’s account. In the case of mandated entry and or repair of high risk fixtures, the AOAO does not warrant or relieve the owner of any future responsibility for such fixtures. So resolved by the Board of Directors, WHITE SANDS VILLAGE AOAO August 7, 2013.

On behalf of Board of Directors, WHITE SANDS VILLAGE AOAO

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EXHIBIT G

ADOPTION OF RESOLUTION

Resolution Re: Application of Payments Resolution Re: Application of Payments

BE IT RESOLVED, that all payments received from owners which are less than the full amount charged or assessed such owner shall be applied in the following order of priority;

Attorney's fees and costs

Late fees and interest on delinquent payments

Fines and penalties

Special Assessments

Electricity

The balance, if any, to common expense assessments

BE IT FURTHER RESOLVED that:

Failure to pay late fees will result in the deduction of late fees from future common

expense payments, so long as a delinquency continues to exist.

Late fees shall be imposed against any future common expense payment, which is less that

the full amount owed due to the deduction of unpaid late fees from such payment.

BE IT FURTHER RESOLVED, that pursuant to 514A-15.1, Hawaii Revised Statutes, a copy

of this resolution shall be published and shall be incorporated into the House Rules.

Dated: 8-19-09

/s/ Larry McCabe

President

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