The Puamana Resort
House Rules
PUAMANA COMMUNITY ASSOCIATION OFFICIAL RULES

The Puamana Community Association (PCA) has formulated these rules ".so as to provide the enjoyment of the Common Properties by every Member in a manner consistent with the preservation of quiet enjoyment of the Lot and Living Unit by every Owner." These words are from the Declaration of Covenants, Conditions and Restrictions, Article IV, Section 3(f), dated May 1968.

According to the Bylaws, Article XII, Section 5, dated April 2002, "The Board of Directors shall from time to time adopt and publish a Schedule of Maximum Fines for Rule and Regulation Violations which shall prescribe the maximum fine that may be imposed for the violation of any Rule or Regulation." For serious violations (e.g. violations posing a risk to health or safety) no notice will be necessary prior to the imposition of fines. The Board of Directors has empowered the General Manager, and it is his duty, to enforce all rules. He may at his discretion designate members of his staff to assist him in the enforcement of certain rules, including contract security personnel hired for this purpose. The General Manager may call upon local enforcement agencies for assistance whenever someone within the physical limits of PCA properties is disturbing others, misusing facilities or common areas, or violating rules of the Association.

The basic rules for any dwelling can be simply stated as common sense practice in the consideration of others in order to create a friendly, pleasant atmosphere. The PCA appeals to all owners and their guests to demonstrate reasonable tolerance because of the close proximity in which we live.

The PCA rules state the responsibilities of everyone on the premises. The rules take into consideration the desires of the owners and their guests, and are subject to revision from time-to-time by the PCA Board of Directors, the final arbiters of any disputes or misunderstandings arising from these rules. The rules apply to all owners, occupants, guests, employees and other persons using the property. Each owner is responsible to see that all occupants of his/her living unit, guests, employees and other persons using the property are made aware of these rules.

Procedures for Problems and Complaints
Except for emergencies, all complaints should be in writing, signed and addressed to the General Manager. Suggestions are also welcomed and should also be addressed to the General Manager.

Emergency Telephone Numbers
In case of bodily injury, theft or fire, the emergency number 911 should be dialed and the problem stated to the emergency operator. After the 911 call, the PCA Office should be notified at 661-3423 or 667-5383.
GENERAL INFORMATION

Registration
For the purposes of this document, a Puamana occupant is defined as a homeowner, or a tenant whether long term or short term, or overnight guests of either homeowner or tenant, whether family or friend. All Puamana occupants must register their vehicle or if not driving a vehicle, then occupant should notify the PCA office of their arrival on the next business day. Following registration, occupants are considered to have established "property privileges," rights to use the facilities such as the pools, tennis courts, and Clubhouse. Puamana guests are daytime visitors staying elsewhere. Daytime visitors must be accompanied by a Puamana occupant when using Puamana facilities and occupants are responsible for their guest's adherence to the rules. Any person found on Puamana who is not a Unit occupant or not accompanied by an occupant may be asked to leave the property by management or staff.

U.S. Mail
Mail is distributed once a day in the late afternoon by the U.S. Postal Service. Postal mail boxes are located in the laundry area on the north side of the Clubhouse. Currently, oversized packages will be held in the PCA office and can be picked up during office hours. Urgent packages (perishable goods, prescription drugs, overnight express, etc.) may be made available outside of office hours by contacting the general manager via the property attendant.

Laundry Facilities
Washers and dryers are located at: a) Clubhouse laundry room - between 8 a.m. - 8 p.m. b) Near Pool #3 - between 8 am. - 8 p.m. only c) Washers and dryers are for the exclusive use of Puamana residents.

Garbage - Trash - Litter
Garbage, other than what can be put down the disposal, rubbish, and other trash should be disposed of in garbage cans in the corrals located near each unit. Garbage should be wrapped securely, preferably in plastic bags, before placing it in the garbage cans. Lids to garbage cans should be replaced. Recycling containers are located adjacent to each trash corral. Currently it is possible to separate out newspapers, aluminum, and plastic. Articles deposited for recycling should be properly bundled and free of food residue.

Swim with Caution
There are no lifeguards at any of Puamana's three (3) pools, nor along the Puamana beach. Each pool is equipped with a life ring, but caution is advised when using the deeper ends of the pools, especially for non-competent swimmers. The ocean can be hazardous; please read and adhere to all warning signs along the beach. See pages 7-9 for detailed information on the pools.

Fees
A schedule of all current Puamana fees (faxes, photocopy, etc.) is posted in the Clubhouse and may be amended from time to time by the PCA of Directors, as it deems necessary.
GENERAL RULES

Occupant-Employee Relationship
No person hired by the Board of Directors or the General Manager should be asked to leave the common area on any private business for any owner or occupant. No PCA occupant or guest should reprimand or in any way castigate the General Manager, any P.C.A. employee or P.C.A. contractor's employees. Complaints relating to employees or contractor's performance of duties should be made in writing to the General Manager. Any complaints relating to the General Manager should be made in writing to the P.C.A. Board of Directors. Any occupant or P.C.A. employee or P.C.A. contractor may register a written complaint with the General Manager if the feel the rules are being violated. If the complaint is verified by a second person, in writing, a letter will be sent to the unit owner and unit occupant, if they are not the same person. Fines will be assessed if a second or subsequent warning is required.

Recreation Areas
Puamana's large open spaces invite varied recreational use. Any person using these areas must take into consideration the right of quiet enjoyment of any adjacent living units, and must not do anything that will create a liability for the Association. The designated sports field by the tennis court is the only authorized location to be used for organized games and team sports. For health and safety reasons, no access is permitted to the canal at anytime except for authorized maintenance personnel. No hitting golf balls in Puamana. Climbing trees is not allowed in Puamana due to safety concerns as well as the health of our trees. Throwing objects into the mango trees to knock down fruit is forbidden.

Outdoor Cooking
All outdoor cooking is restricted to covered fireproof containers. These fireproof cooking containers must be placed so that smoke, heat, flames, or location are not a fire hazard to the structure or cause for complaint from persons in other living units. Barbecuing is also permitted at the Clubhouse and in the firepit on the beach in front of the Clubhouse. (Advanced permission must be approved by the General Manager in advance of firepit use.) All fires must receive constant supervision. Operation of barbecues is not allowed on 2nd story decks or any other decks. In the event of a loss that affects more than one (1) unit, the owner who is responsible for the damage will pay the costs of repair of any uninsured damage. "Cold" charcoal ash must be placed in a trash bag and properly disposed of in the trash bins. DO NOT dump hot coals on common areas or the beach.

Camping
No camping or outdoor sleeping shall be permitted anywhere outside of living units or in any building other then the living units, nor any vehicle. The State of Hawaii does not allow any camping on the beaches without a permit.

Damage
Any damage to the Common Properties caused by an owner, tenant, guest, family member, or pet of any of the foregoing shall be billed to the owner of the living unit.

Vehicles

All vehicles, automobiles, motorcycles, mopeds, and golf carts parked on Puamana property must be registered at the PCA office. Parking permits will be issued only to the vehicle's registered owner for registered Puamana residents and must be displayed in the designated area of the vehicle. Only day visitor vehicles are exempt from the registration requirement.

A maximum of two parking permits may be issued to any one unit. One vehicle shall be parked in a carport assigned to that unit. The second vehicle must be parked in an unassigned parking space in the vicinity of the unit to which it is registered, or parked immediately behind the unit's carport in units where this is possible without infringing on roadways or sidewalks (# 8-1&2, #40-1,2,3&4, #57-1&2, #87-1,2,3&4, #129-1,2,3&4, #139-3&4, #175-1,2,3&4). No vehicles may park on the street, only in designated parking stalls.

First Violation: Written Warning (48 hours to correct situation)

Second Violation: Car to be "Booted". Boot removal charge, $50.

Subsequent Violations: Vehicle removed at owner's expense.

Oversized vehicles that do not fit within the limits of the assigned carport are not permitted to be parked at Puamana.

Vehicle repairs or maintenance will not be made at Puamana, emergency repairs excepted. All vehicles parked at Puamana will be in working order and maintained in a reasonably presentable condition, as determined by the General Manager. All vehicles must have current license and safety sticker.

No vehicles designed for paved roadway use are to be ridden or parked on the grass or sidewalks, including, but not limited to, bicycles, skateboards, scooters, inline skates, and roller skates.

Vehicles in violation of these rules may receive a wheel lock and/or be removed at the vehicle owner's expense. Vehicles which are not authorized to be on the property may be subject to application of a wheel lock &/or towing at the vehicle owner's expense (per RSA 290-11). h.

Homeowners with golf carts must park their carts only in their carports, drive only on the roadways, and not charge the batteries from Puamana electrical outlets; only licensed drivers may operate the carts and the number of passengers is limited to the designed seating capacity of the cart. Carts operating during darkness or times of limited visibility must utilize operational front headlight and rear reflection device. i.

Overnight vehicles must register and receive a parking permit from the P.C.A. office within 24 hours of arrival, with the exception of after 5 pm on Friday until Monday morning, and holidays. Provided a written notice is placed on a vehicle, failure to secure a parking permit within 24 hours will result in a fine and second written warning issued to the vehicle. 48 hours after the first written warning has been issued, if the vehicle is still in violation, the vehicle will be towed at the vehicle owner's/operator's expense. j.

Pocket Bikes: The operation of "pocket bikes" is prohibited everywhere throughout Puamana.

INDIVIDUAL UNITS
Tenant Registration: When a homeowner rents out their unit, whether short term or long term, tenants must register their vehicle or if no vehicle, then notify the PCA office as soon as possible but no later than the next business day of their arrival.

Subdivision of Units: No living unit may be subdivided for rental or lease purposes.

Architectural Alterations of Units: In accordance with CC&R Article VII Section 1, any exterior or structural interior modifications to a living unit requires the appropriate written application and approval of the Architectural Control Committee (A.C.C.). Applications are available at the P.C.A. office. "Structural" includes any removal or change in walls, ceiling joists, or studs, wiring or plumbing changes that could affect the structure or safety of a building.

All exterior remodeling requires the owner to submit a Remodel Application Package, with three copies of preliminary drawings, and to arrange a meeting with the A.C.C., the General Manager, the architect or designer, and the owner. A fee will be charged for review and approval of plans.

None of the provisions of the project documents are intended to be in contravention of the State or Federal Fair Housing Acts. The Board will at all times comply with the provisions of the Fair Housing Acts when acting upon requests by handicapped persons to make reasonable modifications, at the handicapped person's expense, to a living unit or to the Common Properties of the project if the proposed modifications are necessary for their full enjoyment of the project. The Board will also comply with the provisions of the Fair Housing Act when acting upon requests by handicapped persons for exemptions from any of the provisions of the project documents, which would interfere with, said handicapped persons' equal opportunity to use or enjoy their living unit and the Common Properties of the project.

Carports: Items such as bicycles, inflatable boats, or sea kayaks may be suspended from the ceiling beams of the carport. These items may not damage the integrity of the carport, nor encroach upon adjoining carports. An owner may assign (in writing) to another Puamana resident, the use of the covered parking space assigned to the unit owner provided that:

The owner has no vehicle on property registered to the owner's unit and

The vehicle assigned to the space is not the vehicle owner's third car on property.

Common Areas: Personal property articles of any kind may not be left overnight on any of the common areas and may be removed at the owner's risk and expense. This includes but is not limited to hammocks, tiki torches, bicycles, kiddy pools, furniture and barbeque grills.

First Violation: Written Warning (48 hours to remove personal property)

Additional Violation: Confiscation of property. May be redeemed by owner for $50. If not redeemed within fourteen (14) days, property will be donated to charity.

The view and access to fire extinguishers may not be obstructed.

Proposed changes to existing landscape must be submitted in writing to the General Manager and written approval must be obtained before proceeding. A fee will be charged for plan review.

The naupaka shrubs planted along the high tide line are vital to protecting our shoreline from wave erosion. Association staff will trim this hedge to a height recommended by a professional arborist. This hedge or other Association shrubs may not be trimmed without Association permission. Use the posted beach access when entering the ocean to prevent damaging this essential landscaping.

Commercial Activities: No commercial solicitation or canvassing is allowed at Puamana. No living unit or any part of any unit or the Common Properties shall be used for commercial, professional, or business activities unless such activity has been approved by the Board of Directors and is for the direct benefit of the Association (i.e., vending machines, souvenir items, laundry facilities, etc.). No business or trade of any kind may be conducted in or from any living unit or elsewhere at the project except that an owner or occupant residing in a living unit may conduct such business activity within the living unit so long as the existence or operation of the business activity:

is not apparent or detectable by sight, sound, or smell from the exterior of the living unit;

conforms to all zoning requirements;

does not involve persons coming onto the project who do not reside in the project;

does not increase the liability or casualty insurance obligation or premium of the Association; and

is consistent with the residential character of the Association and does not constitute a nuisance or hazard or offensive use, as may be determined in the sole discretion of the Board of Directors. This prohibition does not include the rental or sale of the unit, nor the necessary maintenance or custodial work done by the renting owner or agent. The prohibition specifically prohibits the storage of commercial materials and supplies on lanais and in carports.

Noise * No occupant shall make or permit to be made by family or guests, any excessive noise in any living unit or building, which might annoy or interfere with the rights, comforts and convenience of neighbors. This includes noise from social gatherings, pets, TV, radio, stereos, and musical instruments. Quiet hours are between 10:00 p.m. to 8:00 a.m. daily.

First Violation: Written Warning. If renter or guest, notification of rental agent and/or owner.

Second Violation: $25 Fine Subsequent Violations: $100 Fine * Call Security or General Manager or, if threatening, call Maui Police

Pets
One dog or one cat or two birds may be kept within a living unit.

When a pet is walked outside the living unit, it will be on a controlled leash. The tethering of a pet to a tree or other fixed object in the common element without the attendance of a caretaker constitutes a violation of this rule. All pet droppings must be cleaned up immediately by the party walking the pet.

No livestock or domestic fowl of any sort shall be kept within Puamana nor shall any owner or occupant cause or allow breeding, boarding or raising of any pet or animal for commercial purpose.

All pets must be registered at the P.C.A. Office.

If the rules pertaining to pets are not followed, any occupant may register a complaint with the General Manager in writing. If the complaint is verified by a second person, in writing, a letter will be sent to the unit owner and the occupant, if they are not the same person. Three written warnings will be given prior to ordering the permanent removal of the offending pet. Fines are assessed as part of the second and third warnings.

Visually impaired persons may keep guide dogs as defined in Chapter 515, Hawaii Revised Statutes, hearing impaired persons may keep signal dogs as defined in Chapter 515, Hawaii Revised Statutes, and physically impaired persons may keep service animals as defined in Chapter 515, Hawaii Revised Statutes, in their living units and may use such dogs/animals as reasonably necessary for enjoyment of the project. g.

Dogs are not allowed in the playground area located next to the Dolphin Pool (Pool #3).

Signs: No signs of any kind shall be displayed, except one (1) sign not more than five (5) square feet, showing the living unit for sale. That sign may only be displayed on the living unit(s) lot and not on common property. An occupant's vehicle may display a "For Sale" sign. 10.

Dumpsters & Containers

Dumpsters: Dumpsters are to be placed in the owner's assigned carport. The dumpster must be removed at the completion of the project. Oversized dumpsters must park only on the pavement and as near as practical to the owner's unit. No oversized dumpster can be placed until the location is approved in writing by the General Manager. An oversized dumpster may only be placed on property for 14 days. Oversized dumpster remaining on the property in excess of 14 days will result in a fine to the owner of $100 per day up to the P.C.A. fine limit. At that time, the dumpster will be removed at owner's expense. A fine of $200 per day will be levied if approval for dumpster placement is not received from the General Manager in advance of the dumpster delivery.

Containers: Any container on property must be placed inside of the owner's assigned carport. Oversized containers must be parked only on pavement and as near as practical to the owner's unit. No oversized container can be placed until the location is approved in writing by the General Manger. Any oversized container remaining on property after 2 days will result in a fine to the owner of $100 per day up to the P.C.A. fine limit. At that time, the container will be removed at owner's expense. A fine of $200 per day will be levied if approval for container placement is not received from the General Manger in advance of the container delivery.
CLUBHOUSE

The Clubhouse is an historic Lahaina building and a priceless asset to the Puamana community. As such, it is the duty and responsibility of every Puamana owner, resident, and guest, as well as management, to treat this valuable facility in a respectful manner. The Clubhouse is available for the enjoyment of all Puamana occupants and guests.

Loud, boisterous, destructive, or unsafe behavior will not be tolerated from anyone. The manager or his staff may request that persons acting in any way to the detriment of the facility, or the quiet enjoyment of others, or their own safety, leave the vicinity of the Clubhouse immediately. Management may, at their discretion, ban such persons from the Clubhouse for a reasonable time period.

Clubhouse hours are as posted at the Clubhouse.

Smoking is not allowed in any area of the Clubhouse at any time.

Wet swimsuits are not allowed inside the Clubhouse.

Owners may reserve portions of the Clubhouse for private parties, functions, or activities. Applications, fee schedules, and detailed rules of use are available from the P.C.A. office.

The Clubhouse Bar, Dottie Miller Room, or kitchen - unless previously reserved, can be opened for use by individual homeowners by obtaining a key at the P.C.A. office. 7.

No fundraising or commercial activity may be held at the Clubhouse, other than P.C.A. sponsored events, or educational or cultural activities held for the enrichment of the entire Puamana Community.
POOL RULES

Introduction: The three swimming pools at Puamana are for the exclusive use of residents and their guests during the specific hours that the pools are open. The General Manager may, at his or her discretion, restrict the use of the pool area during specific times as may be necessary for operational purposes. There are no lifeguards at any of the pools. Persons using the pools do so entirely at their own risk. All three pools contain deep areas that could be dangerous to non-competent swimmers. Non-swimmers of all ages are warned against use of the pools unless accompanied by a competent swimmer who accepts full responsibility for their safety. Each pool is equipped with a life ring and rope. Restrooms are provided adjacent to each pool.
Pool Information/Hours/Specific Rules:
Pool #1 - the Ocean Pool is 5 - 8 feet deep and is open daily from 7:00 a.m. to 10:00 p.m. This pool is a "quiet pool" and no audio equipment of any type will be allowed unless headphones are used to avoid disturbing others. Lap swimming will be permitted from 7:00 a.m. to 10:00 a.m. daily. Open swimming is permitted from 10:00 a.m. to 10:00 p.m. daily.

Pool #2 - the Mountain Pool is 3 - 8 feet deep and is open daily from 8:00 a.m. to 8:00 p.m. Open swimming will be permitted during all hours of operation. Pool #3- the Dolphin Pool is 1 - 8 feet deep and is open daily 8:00 a.m. to 8:00 p.m. Open swimming will be permitted during all hours of operation.

Supervision: For safety reasons, children under 12 years of age may not use any pool unless supervised by a responsible adult over the age of 18 years.

Attire: Using pools without proper swimming attire is prohibited. Infants and other persons who may be incontinent must wear clean waterproof diapers or other leak proof protective clothing to be allowed in the pools. Bobby pins, hairpins and other similar items must be removed before entering the pools. Sand and/or suntan oil must be removed by shower or towel before entering any of the pools. 4.

Prohibited Equipment: No SCUBA equipment is allowed in the pools, (except that face masks, goggles and snorkels or breathing tubes are acceptable). In addition, swim fins may be utilized during lap swimming hours. Rafts, inner tubes, and large inflatable items or other objects are not allowed in the pools. However, non-swimmers may use appropriate flotation devices as needed for safety.

Prohibited Conduct: Running, pushing, shoving or loud noise around the pool areas is prohibited. Jumping into the pools from any part of the buildings, walls or railings surrounding the pool areas is prohibited.

First Violation: "Aloha Warning" (Friendly) - written in security log. Second Violation: $25 Fine

Subsequent Violations: $100 Fine and potential loss of pool privileges. 6.

Glass Containers: For safety purposes, no glass containers are allowed in the pool areas.

Litter: Litter receptacles are provided and all pool users are expected to clean up after themselves.

Personal Belongings: All personal belongings such as towels, sunglasses, books, etc. must be removed upon leaving the pool area. Neither Puamana nor its employees are responsible for the damage, loss, or theft of personal belongings left in the pool area.

Pets/Restricted Items: No animals, bicycles, skates, skateboards, etc., are allowed at the pools. However, visually impaired persons may use guide dogs as defined in Chapter 515, Hawaii Revised Statutes, hearing impaired persons may use signal dogs as defined in Chapter 515, Hawaii Revised Statutes, and physically impaired persons may use service animals as defined in Chapter 515, Hawaii Revised Statutes, as reasonably necessary to enjoyment of the Project.

Health Precautions: General health precautions should be observed. Persons with infectious diseases shall not use the pools.

Accidents: Any accidents must be reported to management immediately.

Smoking: Smoking is prohibited in the pool areas

Compliance: All P.C.A. occupants & guests shall comply with the requests of the General Manager in respect to matters of personal conduct in and about the pool areas. Anyone violating the above rules will be evicted from the pool areas and is subject to potential loss of pool privileges for a period of time. Day guests of occupants must be accompanied by the occupant inviting them to use the pools.
TENNIS COURT

Appropriate attire and tennis shoes must be worn on the court.

Sign-up sheets for tennis court times are available at the front desk and all reservations will be on a first-come, first-served basis. Sign-up is limited to one hour per unit per day. During busy times of the year, drawings for court time will be held every day or every other day at 4:45 p.m. at the Clubhouse.

Drawings will be conducted as follows: As each partner's unit number is drawn, those players select the hour they wish to play the next day. During those times when the court list is large, players may select an hour for only one day of the following two days. If players are not on the court by ten (10) minutes past the hour scheduled, the court becomes a free court for the remaining time. If you are unable to make your court time, please call the office so that someone else may play. Failure to comply may result in loss of court privileges for a period of time.

Tennis courts are to be used at the player's own risk.

Bicycles, skates, and skateboards etc. are not allowed on court surfaces.
PENALTIES FOR VIOLATION OF THE RULES

All persons who fall within the purview of P.C.A. Bylaws, (i.e., owners, tenants and guests) are obligated to observe all rules adopted from time-to-time by the Board of Directors and shall comply with all reasonable requests of the General Manager and his or her staff in the enforcement of these rules. 2.

Persons who violate the P.C.A. Charter, CC&Rs, Bylaws or rules are subject to sanctions including, without limitation, withholding of privileges at Puamana and/or monetary fines established by the Board of Directors. The amount of the fines that can be levied is contained in the Bylaws. 3.

Any person who has been charged with a penalty for violation of the rules, or has damaged Puamana property, plant or facility, shall pay the fine and all costs for restoration or replacement of the damaged property, plant or facility, including any legal fees that may be required to exact the penalty charges.

All House Rule violations shall be specified in writing. Consequences for violations of the House Rules may be found under the specific rule and/or are as follows and are in addition to any Association costs incurred: 1st Violation Warning 2nd and All Subsequent Violations $250 up to $1,000

All House Rule violation notices and fines may be appealed in writing or in person at the Board of Directors' Meeting immediately following issuance of a fine. (Fines issued within 21 days of a Board meeting may be appealed at the following Board meeting.) The Board's decision on appeals is final and the owner will be notified in writing of the appeal's outcome. Tenants must appeal through their owner or rental agent. Written appeals should be sent to the Puamana Office. All fines shall be treated as a special assessment against the owner of the unit.