Rental agreement

Rental Agreement for Coconut Grove Unit #35
located at 35 Kapalua Bay Drive, Kapalua, HI 96761

1. This agreement is for the rental of Unit #35 at Coconut Grove located at 35 Kapalua Bay Drive, Kapalua, HI 96761 for the rental period beginning on _________________and ending on ____________________.

2. This rental property is being leased by the Laughery Family Partnership, Ltd. located at 9132 Thunderhead Drive, Boulder, CO 80302 with the e-mail address of info@kapaluabaycondo.com and a telephone number of (303) 443-1022. The renter for this agreement is _________________________________________________located at ______________________________
____________________________________________________________________ with the e-mail address of _________________________and the telephone number of ______________________.

3. The total amount owed for the rental period above (excluding deposits and any charges for damage as discussed below) is $____________________ plus applicable Hawaii accommodation taxes (at 13.25%) of $______________for a total of $____________________.

4. In addition to the amount owed for the rental period, a $2,500 refundable security deposit is required to cover any damage to the unit that occurs during the rental period.

5. A deposit of an amount equal to half of the total amount for the rental period is required to complete the reservation and ensure the availability of this unit for the period stated above. The rental portion of this deposit is non-refundable, though the portion collected for Hawaii taxes will be refunded if the reservation is cancelled.

6. Final payment of all rental costs and the security deposit (totaling $_____________________) is due 90 days before the beginning of the rental period. Failure to make this payment by that date may result in your reservation and deposit being forfeited.

7. Upon arrival, please report any damages or other problems to us to avoid being charged for these. Contact by e-mail or leave a voice mail with Ron Laughery at ron@laugherys.com or (303) 443-1022 with damage or problem reports. Any damage beyond normal wear and tear may result in extra charges against your security deposit.

8. Overnight capacity of this unit is limited to 8 people. No additional guests are allowed above this maximum number. Violation may result in eviction and/or loss of security deposit and rental costs.

9. Pets are not permitted in the unit at any time.

10. Parking is limited in the Coconut Grove complex for no more than two cars associated with rental of this unit during the rental period.

11. Renters shall avoid unreasonably excessive noise of any type and shall not allow excessive noise to emanate from the unit at any time during the rental period.

12. Local and long distance (with the United States only) telephone service is provided at no additional charge. Wireless internet services are also available within the unit at no additional charge.

13. The Coconut Grove Fitness Center and Pool are available for use by the renters for the rental period at no additional charge.

14. Smoking is not permitted inside the unit. If smoking outdoors, ashtrays must be used.

15. When the renter is not in the unit, all doors must remain locked.

16. Housekeeping services can be arranged during your stay if desired at the rate of $150 each time. There is no departure cleaning fee.

17. Check in time is 3:00 pm on the first day of the rental period and check out time is 11:00 am on the last day of the rental period. All access information to Coconut Grove as well as keys to the unit will be obtained by the renter from Rhonda Pang. Detailed arrangements for getting this information and keys can be obtained by contacting Ms. Pang at (808) 665-3783 no sooner than seven days before the beginning of the rental period.

18. Upon departure, leave your keys in the unit and lock all doors. Failure to leave all keys will result in a $50 charge per key deducted from your security deposit. Also, all windows should be closed and latched and the air conditioning turned off at both thermostats.

19. During the rental period, all questions pertaining to the operation of the unit’s electronics should be made to Ron Laughery at (303) 442-3894 or info@kapaluabaycondo.com.

20.During the rental period, all other questions and requests for assistance should be made first to Rhonda Pang at (808) 665-3783 or rpang@kapaluarealty.com. If Ms. Pang is unavailable, please contact Ron Laughery at (720) 839-5658 or info@kapaluabaycondo.com.

21. In the event that the unit becomes unavailable for usage during all or a portion of the rental period through no fault of the renter, the renter will be refunded the rental costs, taxes, and security deposit that have been paid to the Laughery Family Partnership, Ltd. for the time that the unit was unavailable.

22. As part of this rental agreement, the renter acknowledges that he/she has read the "Coconut Grove on Kapalua Bay - Rules and Regulations" which is included as attachment A to this rental agreement and that the renter agrees to abide by these rules and assumes responsibility for ensuring that all people staying with or visiting the unit during the rental period also abide by these rules.

I have received and read the above agreement for renting this condominium and I agree to abide by it.

____________________________________________ __________________
Renter’s signature Date

Any exceptions to this agreement must be listed below:

Return to:
Ron Laughery, General Partner
Laughery Family Partnership, Ltd.
9132 Thunderhead Drive
Boulder, CO 80302

(303) 442-3894 info@kapaluabaycondo.com

ATTACHMENT A -

THE COCONUT GROVE ON KAPALUA BAY - RULES AND REGULATIONS

These Rules and Regulations supplement but do not change the obligations of the owners of apartments in The Coconut Grove on Kapalua Bay condominium project (“the Project”), and all occupants, tenants and guests thereof, as set forth in the Declaration of Condominium Property Regime of the Project (the “Declaration”) and the By-Laws of the Association of Apartment Owners of the Project (the “By-Laws”). In the even of any inconsistency, the Declaration and the By-Laws, as the case may be, will prevail.

The primary purpose of these Rules and Regulations is to protect all apartment owners and other occupants, tenants and guests from annoyance and nuisance caused by improper use of the Project; and also to protect the reputation and desirability of the Project by providing for the maximum enjoyment, comfort and security thereof or therein.

The Board of Directors (“the Board”) of the Association of Apartment Owners of the Project (“the Association”) shall be responsible for enforcing these Rules and Regulations but such responsibility may be delegated to a managing agent (“the Managing Agent”) by the Board. All apartment owners and other occupants, tenants and guests shall be bound by these Rules and Regulations and by standards of reasonable conduct whether covered by these Rules and Regulations or not.

The Board shall make other rules and regulations from time to time or amend the following Rules and Regulations, as it deems necessary or desirable.

A. USE.

1. Use of Apartments. The apartments shall be occupied and used by the respective owners thereof, their tenants and such owners’ and their tenants’ families and guests only for the purposes permitted under the Declaration and the By-Laws and in compliance with the restrictions contained in the respective apartment deeds.

B. TEMPORARY OCCUPANCY.

1. Use by Owners, Tenants and Guests. Subject to the terms of the By-Laws and such owner’s apartment deed, an apartment owner may lease or rent his apartment or make it available to friends, but the person or persons leasing, renting or living in the apartment shall abide by the Declaration, the By-Laws, and the Rules and Regulations, and the apartment owner shall assume responsibility for the occupants’ conduct.

2. Conduct of Tenants, Guests and Other Persons. An apartment owner shall be responsible for the conduct of his tenants and such owner’s and his tenants’ family members and guests. An apartment owner shall, upon request of the Board or the Managing Agent, immediately abate and remove, at his or its expense, any structure, thing or condition that may exist with regard to the occupancy or use of his apartment by any such person or persons contrary to the intent and meaning of the provisions hereof, or, if an apartment owner is unable to control the conduct of any such person or persons to conform with the intent and meaning of the provisions hereof, such owner shall, upon request of the Board or the Managing Agent, immediately remove such person or persons from the premises, without compensation for last rentals or profits or any other damage resulting there from.

C. NO PETS.

1. No livestock, poultry, rabbits, dogs, cats, birds or other animals or pets whatsoever shall be allowed or kept in any apartment or any other part of the Project.

2. Notwithstanding the foregoing restrictions on pets or anything contained herein to the contrary, guide dogs, signal dogs, or other animals upon which disabled owners, occupants or guests depend on for assistance shall be permitted to be kept by such owners, occupants and guests in their apartments and shall be allowed to walk throughout the common elements while on a leash, provided that such animals shall at all times be accompanied by their owners while present upon the common elements. If such a guide dog, signal dog or other animal causes a nuisance or unreasonable disturbance or poses a threat to the health and safety of any owner, occupant or guest, the owner thereof will be given an opportunity to rectify the problem by measures which fall short of ejectment of the animal from the Project. Ejectment will be required only if the Board reasonably determines that less drastic alternatives have been unsuccessful. If such an animal is ejected, it will nonetheless be allowed to remain at the Project for a reasonable period time while the owner thereof attempts to find a suitable replacement animal, provided that the problem is controlled to a sufficient degree that the continued presence of the animal during that time does not constitute an unreasonable imposition upon, or threat to the safety or health of, other owners, occupants or guests.

3. In no event shall the Board, the Association, the Managing Agent or resident manager (if any) be or be deemed to be liable for any loss, damage or injury to persons or property caused by or arising in connection with any owner’s, occupant’s, or guest’s guide dog, signal dog or other animal. By acquiring an interest in an apartment in the Project, each owner agrees to indemnify, defend and hold harmless the Board, the Association, the Managing Agent and the resident manager (if any) against any claim or action at law or in equity arising out of or in any way relating to such owner’s or occupant’s or guest’s guide dog, signal dog or other animal.

4. All guide dogs, signal dogs and other animals kept anywhere on the Project must be registered immediately with the Managing Agent.

D. COMMON AREAS AND ENTRANCES

1. Obstructions, Uses. The sidewalks, passages, stairways, walkways and corridors must not be obstructed or used for any other purpose other than ingress and egress.

2. Laundry, Tools, Etc. Textile items, including towels, bedding, bathing apparel and clothing, brooms, mops, yard tools, rubbish containers, cartons, etc., shall not be placed on passages or in windows or stored openly so as to be in view from outside the building or from any other apartments or common areas.

3. Throwing Objects from Building. Nothing shall be thrown or permitted to be thrown from windows, etc., including specifically, but without limitation, cigarettes, matches, and fireworks of any kind.

4. Entrances. Nothing shall be allowed to remain in view at front entrances of apartments except a reasonable number of shoes, slippers or other footwear, etc., as determined by the Board. Freestanding shelves or other containers for footwear may be kept at the entrance, but must be removed or modified by the apartment owner at the request of the Board.

5. Trash Disposal. Garbage, rubbish and other trash shall be disposed of only in receptacles and areas provided therefore. Trash containing food shall be securely wrapped before being placed in a receptacle. Green waste from yard work must be disposed of in separate containers or recycled in accordance with applicable laws, ordinances, rules or regulations of the Count of Maui or any other governmental agency or authority with jurisdiction over the Project.

6. Barbecuing. Outdoor cooking shall be subject to regulation by the Board and shall be conducted so as not to be offensive to any neighbor. Outdoor cooking is not permitted in courtyard areas. Outdoor cooking is permitted on lanais with the following restrictions:

a. BBQ’s will be propane only, no charcoal briquettes or other material allowed.

b. BBQ when in use will be placed in an area on the lanai open to the sky, so any smoke rising will not affect the stucco ceiling.

c. BBQ when not in use will be stored against back building wall and covered with an appropriate fitting cover.

7. Aesthetics. No unsightliness within the public view is permitted within the Project. For this purpose, “unsightliness” includes but is not limited to the following: laundry on lines or reels; litter or trash containers except as specially provided; nondecorative gear, equipment, cans, bottles, ladders, trash, boxes, barrels, etc., stored or stowed in or on walks, etc.; or unshaded or improperly shaded lights that create objectionable glare.

8. Supplies or Other Goods. No garbage cans, household or commercial supplies, excess items, or similar articles shall be placed outside any apartment area or in a place where they can be seen from outside any apartment, except, as the Board shall prescribe.

9. Personal Property. No items of personal property, including baby carriages, velocipedes, bicycles, surfboards, packages, boxes or crates shall be left or allowed to stand on any of the common areas other than within the confines of the apartment or within designated storage areas. Articles of any kind left in any of the common areas or common elements, including, without limitation, the parking areas, will be removed at the owner’s risk and expense at the direction of the Board.

10. Street Trees and Other Landscaping. No owner, tenant or guest shall disturb, cut, trim, damage or remove any of the trees located in the landscaped areas adjacent to roadways or parking areas, nor harm, remove, disturb or damage in any way any other plants, shrubs, groundcover or other elements of landscaping on any of the common elements of the Project (other than landscaping located within the courtyard area, if any, appurtenant to and reserved for the use of such owner’s apartment).

11. Termite Inspections. At least once each year, the Association, through the Managing Agent, shall cause the exterior and interior of each building (including the interiors of the apartments) to be inspected for termite damage. Each owner shall cooperate with the Association in providing access to his apartment for the purpose of such inspections. Any evidence of termite infestation or damage shall be reported immediately to the resident manager (or the Managing Agent, if there is no resident manager).

E. PARKING AREAS.

1. Parking. Each owner and his tenants, invitees and guests shall park only in their garage, the paved driveway area in front of such owner’s garage (if such paved driveway area is large enough to accommodate a vehicle without encroachment upon either the roadway or the sidewalk, if any, adjacent to such roadway and without obstructing any other owner’s ingress and egress to such owner’s apartment, including, without limitation, such owner’s garage) the parking stall or stalls assigned to such owner’s apartment or in stalls designated as parking for the use of all owners.

2. Method of Parking. Automobiles shall be centered in parking stalls so as to prevent crowding of adjacent stalls and/or blocking of passages.

3. Violations. Violators of parking regulations shall have their cars towed away at their own risk and expense. If the violator is a tenant, invitee or guest of any owner, the owner shall be responsible for payment of the towing charge.

4. Repairs. Extensive repairs of a motor vehicle, boat or other equipment shall not be permitted in the Project.

5. Speeding. Vehicles shall not be driven at speeds in excess of five (5) miles per hour on any driveway or in the parking areas of the Project. Drivers are expected to observe traffic and directional signals for the safety of all.

6. Garages. Garages will be used only for the parking of motor vehicles.

7. Other Use Prohibited. The parking areas (other than garages) shall not be used for recreational or storage purposes. Bicycles, tricycles, skateboards and the like shall not be ridden thereon. Trailers, boats or abandoned vehicles of any type shall not be parked or stored in the parking areas.

8. Responsibility for Damage. Damage to cars and other objects or to the common elements shall be the responsibility of the person causing the damage.

F. RECREATION CENTER – GENERAL.

1. Use by Owners, Tenants, Family Members and Guests; Assumption of Risk. Use of the Recreation Center located within the Project, consisting of the swimming pool ( the “Swimming Pool”), the spa (the “spa”), the patio, containing a barbecue area (the “Patio”), the fitness room (the “Fitness Room”), the restrooms (the “Restrooms”), and the multi-purpose room and the kitchen (collectively, the “Pavilion”) is limited to apartment owners, their tenants and such owners’ and their tenants’ families and guests. Owners, their tenants and such owners’ and their tenants’ families and guests use the Recreation Center at their own risk.

2. Furnishings and Equipment. Only approved furnishings and equipment are allowed within the Recreation Center. No furnishings or equipment located within the Recreation Center shall be removed from the Recreation Center or tampered with in any manner. Specifically and without limiting the generality of the foregoing, no user of the Recreation Center shall interfere in any manner with any portion of the Swimming Pool and Spa equipment, or lighting apparatus, or electrical and plumbing devices in or about the Recreation Center.

3. Personal Belongings. No personal belongings shall be left within the Recreation Center by any user thereof.

4. Audio Devices. Audio devices such as radios, Hi-Fi’s, etc., may be used in the Recreation Center only if earphones are used in connection with such devices.

5. Violation of Recreation Center Rules and Regulations. In addition to any other rights that the Board, the Managing Agent or the resident manager (if any) may have, the Board, the Managing Agent and the resident manager, if any, shall have the right to ask anyone violating these Rules and Regulations relating to the Recreation Center to leave the Recreation Center.

G. RECREATION CENTER – SWIMMING POOL AND SPA.

1. Hours. The Swimming Pool and the Spa may be used during the hours of 8:00 a.m. and 9:00 p.m. daily.

2. Number of Users. Not more than six guests from any one (1) apartment shall use the Swimming Pool and/or the Spa at one time without obtaining the prior authorization of the resident manager (or the Managing Agent, if there is no resident manager).

3. No Lifeguard on Duty. There is no lifeguard on duty. Anyone using the Swimming Pool or the Spa does so at their own risk. Children are not permitted in the Swimming Pool or the Spa unless accompanied by an adult. Parents and/or guardians are responsible for the safety and conduct of their children. It is strongly recommended that owners, tenants, and such owners’ and tenants’ family members and guests who are not competent swimmers either refrain from using the Swimming Pool or the Spa or use the Swimming Pool or the Spa accompanied by a competent and responsible swimmer.

4. No Horseplay. No diving, excessive splashing, pushing, running, screaming, shouting, or other boisterous conduct in or around the Swimming Pool or the Spa is permitted.

5. Appropriate Attire. Appropriate swimming attire must be worn in the Swimming Pool and the Spa. Bathing caps or hair bands are recommended for persons with long hair. Hairpins are not permitted in the Swimming Pool or the Spa. Diapers are not permitted in the Swimming Pool or the Spa unless protected with waterproof covering.

6. Showers Required. Any person using the Swimming Pool or the Spa shall take a shower prior to entering the Swimming Pool or the Spa.

7. No Suntan Oils. Suntan oils and similar substances shall be removed prior to entering the Swimming Pool or the Spa.

8. No Food, Drinks or Smoking. No eating, drinking or smoking is permitted within the Swimming Pool or the Spa.

9. Flotation Devices. No large flotation devices, diving fins, or scuba equipment are permitted in the Swimming Pool or the Spa. Swimming aids and floatable devices may be used in the Swimming Pool if they are used for safety reasons and do not inconvenience or inhibit the safety of others.

10. Breakable Items. Breakable items such as glassware, ceramics, chinaware, and bottles are prohibited in or around the Swimming Pool or the Spa. Any beverage brought to or consumed in the Swimming Pool or the Spa area must be in a non-breakable container (can, paper, or shatter-proof plastic).

11. Health Precautions. For health reasons, persons with infectious or communicable diseases or open wounds are not permitted in the Swimming Pool or the Spa. Spitting, spouting of water, nose blowing, or discharge of bodily wastes in the Swimming Pool or the Spa are strictly prohibited.

H. RECREATION CENTER – PATIO.

1. Hours. The Patio may be used during the hours of 8:00 a.m. and 9:00 p.m. daily.

2. Number of Users. Not more than ten (10) persons shall use the Patio at one time without obtaining the prior authorization of the resident manager (or the Managing Agent, is there is no resident manager).

3. Use of Patio. The Patio, including, without limitation, the barbecue area within the Patio, will be available for use on a non-reservation, first come, first served basis.

4. Removal of Trash; Turing Off Gas After Use. All trash must be removed after use of the Patio. Before leaving the Patio, users must be sure to turn off the gas, if any, within the barbecue.

I. RECREATION CENTER – FITNESS ROOM.

1. Hours. The Fitness Room may be used during the hours of 8;00 a.m. and 9:00 p.m. daily. The Fitness Room shall be locked when not in use.

J. RECREATION CENTER – PAVILION.

1. Hours. The Pavilion may be reserved and used during the hours of 8:00 a.m. and 9:00 p.m. daily. The Pavilion shall be locked when not in use.

2. No Commercial or Political Functions. The Pavilion shall not be used for commercial or political functions.

3. Request for Use of Pavilion. Requests for use of the Pavilion must be made through the resident manager (or the Managing Agent, if there is no resident manager), as follows:

(a) The request for use of the Pavilion will be accepted only from owners with current residents’ registration forms on file with the Managing Agent or such owners’ tenants with current residents’ registration forms on file with the Managing Agent. The person requesting use of the Pavilion is hereinafter referred to as the “Responsible Resident”.

(b) The request must be accompanied by a check in the amount of $100.00 as a security deposit (the “Deposit”) for the use of the Pavilion, all or a portion of which may be retained by the Association for cleaning of the Pavilion or repairs of damage to the Pavilion necessary or appropriate as a result of the use of the Pavilion. The Deposit will be returned to the Responsible Resident by the resident manager (or the Managing Agent, if there is no resident manager), less the amount of the cost of any cleaning and/or repairs, within fourteen (14) days after the date of the use of the Pavilion.

(c) The request for the use of the Pavilion shall not include the exclusive use of the Swimming Pool, the Spa, the Patio, the Fitness Room or the Restrooms. The use of the Swimming Pool, the Spa, the Patio, the Fitness Room and the Restrooms shall be available to all owners, tenants, and such owners’ and tenants’ family members and guests even when a private function is taking place in the Pavilion.

4. Cancellations. Notice of cancellation of the use of the Pavilion must be received by the resident manager (or the Managing Agent, if there is no resident manager) from the Responsible Resident at least twenty-four (24) hours in advance of the reserved date. If such notice is not received at least twenty-four (24) hours in advance of the reserved date, the Deposit will be forfeited to the Association.

5. Furniture. No shoes or bare feet are allowed on the furniture in the Pavilion.

6. Access to Swimming Pool, Spa, Patio, Fitness Room and Restrooms. Users of the Pavilion shall not prohibit or impede free access by other residents and guests to the Swimming Pool, the Spa, the Patio, the Fitness Room or the Restrooms.

7. Removal of Trash; Securing Pavilion After Use. If food and/or beverages are served while using the Pavilion, all trash must be removed to the trash bin located outside the Recreation Center the same day as the function. The Pavilion must be properly locked and otherwise secured by the Responsible Resident when finished.

K. NOISE AND NUISANCES.

1. No nuisance shall be allowed in the apartments of the common elements, nor shall any use or practice be allowed which is improper or offensive in the reasonable opinion of the Board or in violation of the By-Laws or these Rules and Regulations or which unreasonably interferes with or is an unreasonable annoyance to the peaceful possession or proper use of the apartment and/or the common elements by other owners or occupants.

2. Residents and other occupants of the apartment shall avoid unreasonably excessive noise of any kind at any time and shall not cause or permit any unreasonably disturbing noise or objectionable odors to emanate from their apartments.

3. Radios, TV’s, Hi-Fi’s, etc., in the apartments must be played at reduced volume after 10:00 p.m. and before 8:00 a.m.

4. Every owner form time to time and at all times shall perform promptly all repair, maintenance and alteration work within his apartment, the omission of which would adversely affect any common element or any other apartment, and shall be responsible for all loss and damage caused by his failure to do so.

5. All repairs of doors, sliding glass doors (if any), windows, window fixtures, and all internal installations within each apartment such as water, light, gas (if any), power, sewage, telephone, sanitation, lamps, and all other fixtures and accessories belonging to such apartment, including interior walls and partitions and the inner decorated or finished surfaces of the perimeter walls, floors and ceilings of such apartment, shall be a the owner’s expense.

6. Except as otherwise provided herein, no projections shall be attached to the outside walls of any building or the exterior of any door without the prior consent in writing of the Board.

M. MAINTENANCE; EMPLOYEES OF THE ASSOCATION.

1. Every owner, occupant or guest is to do his part and to use his influence on all members of his household to do their part towards abating unsightliness within the Project to the fullest practicable extent.

2. No maintenance employees shall be asked by an owner, occupant, tenant or guest to leave the common elements or to perform any tasks.

3. Cleaning of individually owned apartments, including all windows, is the responsibility of the respective owners, occupants, tenants or guests.

N. HAZARDS.

1. The common elements (other than specifically designated recreational areas, if any) shall not be used for recreational activities of any kind. Parents or legal guardians are responsible for the appropriate supervision of minors at all times.

2. Unless the Board gives advance written consent in each and every instance, occupants shall not use any illumination other than electric lights, or use or permit to be brought into the buildings any flammable oils or fluids such as gasoline, kerosene, naphtha or benzene, or other explosives or other articles deemed extra hazardous to life, limb or property.

3. No activity shall be engaged in and no substance introduced into or manufactured within the buildings, which might result in violation of the law or in the cancellation of the insurance or increase in the insurance rate on the buildings.

4. No fireworks of any kind shall be ignited or used anywhere in the Project at any time.

O. GENERAL RULES AND REGULATIONS.

1. The Managing Agent is not required to give access to apartments or buildings; provided, however, that as provided in and subject to the provisions of the By-Laws, the Managing Agent shall give each mortgagee of an apartment or any interest therein and its agents access through the common elements for the purpose of passage to any apartment on which such mortgagee holds a mortgage.

2. Owners, tenants and other occupants shall file their name, address and telephone number and signature with the Managing Agent upon purchasing and/or taking occupancy of an apartment, and shall furnish the Board and/or the Managing Agent with such other reasonable information as shall be requested from time to time.

3. Each owner and tenant shall be responsible for the keys to locked entrances to his apartment. However, to facilitate the right of access provided by the By-Laws to the Managing Agent, the resident manager (if any) or by the Board, each owner may, but shall not be required to, furnish keys to the Managing Agent or the resident manager (if any). If an owner or tenant desires to furnish keys to the Managing Agent of the resident manager (if any), such owner or tenant shall execute a release and indemnification agreement in a form provided by the Board agreeing that the owner or tenant releases the Managing Agent, the resident manager (if any) and the Board of and from any and all liability and indemnifies and holds harmless the Managing Agent, the resident manager (if any) and the Board from any claims, damages or liabilities that may be incurred by the Managing Agent, the resident manager (if any) or the Board in connection with such keys being furnished to the Managing Agent or the resident manager (if any). The delivery of such keys shall be at the sole risk of such owner or tenant, and the Managing Agent, the resident manager (if any), and the Board of the Association shall not be liable for injury, loss or damage of any nature whatsoever directly or indirectly resulting there from or connected therewith. If an owner or tenant elects not to furnish keys to the Managing Agent or resident manager (if any) and an emergency arises requiring a forcible entry into the apartment, the owner or tenant of the apartment shall be solely liable for all costs and expenses arising in connection with such forcible entry, including all costs of replacement of repair to any part of the apartment or common elements damaged by the forcible entry.

4. Each owner and tenant shall assume full responsibility for protecting his apartment, automobile(s), and the contents thereof from theft, robbery, pilferage, vandalism and other loss.

5. There shall be no waterbeds of any nature allowed in any apartment without the prior written approval of the Board. All owners and tenants who wish to install a waterbed must first furnish to the Board written evidence of adequate liability insurance coverage naming the Association as insured and must display physically to the Board or Managing Agent a waterproof tank in which the waterbed will rest.

6. Toilets, sinks, and other water apparatus in the apartments or anywhere on the Project shall not be used for any purpose than those for which they were designed, nor shall any sweepings, rubbish, rags, sanitary napkins, diapers or other articles be thrown into them. Any damage anywhere resulting from misuse of any toilets, sinks or other water apparatus in an apartment shall be repaired and paid by the owner of such apartment. Any such damage resulting from is misuse of any toilets, sinks or other water apparatus on the common elements (if any) shall be repaired at the direction of the Board, and the cost of repair shall be paid by the person(s) responsible for such misuse unless the person(s) responsible cannot be identified, in which event the cost of repair shall be borne by all apartments owners as a common expense.

7. Each owner shall observe and perform these Rules and Regulations and ensure that his tenants and such owner’s and his tenant’s family members and guests also observe and comply with the Declaration, the By-Laws, and these Rules and Regulations. Owners will be responsible for their tenants’ and such owners’ and their tenants’ family members’ and guests’ observance of all Rules and Regulations as set forth herein. In the event expenses are incurred due to violations of these Rules and Regulations by any such person or persons for whom an owner is responsible, the owner shall pay for such expenses, including reasonable attorneys’ fees,

8. If the immediate service of the Maui Police Department, the Fire Department, the Paramedics, an Ambulance or Doctor is required, the desired agency or person should be called directly. Any emergency, particularly such emergencies as flooding, fire and theft, should be brought to the immediate attention of the Managing Agent.

P. VIOLATIONS OF THESE RULES.

1. Reporting Violations and Damages.

(a) All corrective actions regarding violations of the Rules and Regulations and damages to the common elements will be enforced by the Board and should be reported promptly to the Board or the Managing Agent.

(b) Damages to common elements shall be surveyed by the Board or the Managing Agent at the direction of the Board and the cost of repair or replacement and any legal fees incurred may be assessed by the Board against the person or persons responsible, including, but not limited to, any owner for damages caused directly or indirectly by his tenants or such owner’s or his tenant’s family member or guests.

2. The Violation of any of These Rules and Regulations Shall Give the Board, the Managing Agent or Their Agents the Right to:

(a) ENTER THE APARTMENT IN WHICH, OR AS TO WHICH, SUCH VIOLATION OR BREACH EXISTS AND TO SUMMARILY ABATE AND REMOVE, AT THE RISK AND EXPENSE OF THE DEFAULTING OWNER (WHETHER OR NOT CAUSED BY THE OWNER OR BY ANY PERSON FOR WHOSE CONDUCT THE OWNER MAY BE RESPONSIBLE), ANY STRUCTURE, THING OR CONDITION THAT MAY EXIST THEREIN CONTRARY TO THE INTENT AND MEANING OF THE PROVISIONS HEREOF, AND THE BOARD OR THE MANAGING AGENT SHALL NOT THEREBY BE DEEMED GUILTY IN ANY MANNER OF TRESPASS; AND OR

(b) TO ENJOIN, ABATE OR REMEDY BY APPROPRIATE LEGAL PROCEEDINGS, EITHER AT LAW OR IN EQUITY, THE CONTINUANCE OF ANY SUCH BREACH, AND ALL COSTS THEREOF INCLUDING ATTORNEYS’ FEES, SHALL BE BORNE BY THE DEFAULTING OWNER (WHETHER OR NOT CAUSED BY THE OWNER OR BY ANY PERSON FOR WHOSE CONDUCT THE OWNER MY BE RESPONSIBLE).

Q. AMENDEMENTS.

These Rules and Regulations may be amended only by a majority of the Board at a duly called meeting of the Board of Directors; provided, however, that prior to the first meeting of the Association and the election of the initial Board of Directors, Kapalua Coconut Grove LLC, a Hawaii limited liability company, the developer of the Project, shall have the right, from time to time, to amend these Rules and Regulations.