FINES AND FINE ENFORCEMENT POLICY KONA PALISADES ESTATES HOMEOWNERS ASSOCIATION
Effective August 1, 2021
These fines will be enforced by the Board under its authority stated in the Second Amendment to the BY-LAWS of Kona Palisades Estates Community Association (“Amendment”) ARTICLE IV SECTION 9b dated June 16, 2021, and recorded in the Bureau of Conveyances as Document No. A-78390747 on June 18, 2021. The Board has determined these fines to be necessary and proper for the peace, health, comfort, safety and in the best interests of the members of the Association. These fines shall be imposed against the Owner. Owners will be responsible for their own actions and the actions of their tenants, family members, guests, agents, employee’s, or anyone else using the project that violates any project documents.
1. NUMBER OF FINES PER VIOLATION.
A. First Notice
A written notice (Friendly Reminder) to the owner which briefly describes the nature of the violation and requests that the noncompliance be corrected within the allotted time. If the owner feels there are extenuating circumstances which bear on the violation and wishes to appeal the violation, contact should be made with the managing agent during this period.
B. Second Notice
If a violation continues past the allotted time or recurs, a fine of $150 and written notice (return receipt) to the owner that the violation must be corrected within the allotted time to avoid (1) escalating fines or (2) the Association correcting the violation, if applicable, and billing the owner. The fine plus any costs of enforcement, including attorney’s fees incurred by the Association to rectify a violation, will be chargeable to the Owner, and would become a lien against the Owner’s property.
C. Third Notice
If the violation is not corrected within the allotted time of receipt of the second notification, an additional fine of $200 will be applied.
D. Continuing Violations
If the violation is not corrected within the allotted time of receipt of the third notification, an additional fine of $250 will be applied every month until the violation is remedied. Any costs of enforcement, including attorney’s fees incurred by the Association to rectify a violation, will be chargeable to the Owner, and would, together with the fine itself, become a lien against the Owner’s property. A “continuing violation” means a transient activity or condition which continues to exist after notice thereof is given to an owner and is not remedied as required by such notice, and the determination of whether a continuing violation exists made by the Board of Directors is final as to such a violating owner or offender, subject to appeal as called for in this Fines Enforcement Policy. The date of the first violation establishes the timeline for a continuing violation. Should subsequent violation occur, fines will be assessed at the Board’s discretion as outlined above.
2. VIOLATION NOTICE.
Each notice issued shall briefly describe the nature of the violation. Copies of notices issued to the property owner (who is responsible for themselves, their tenants, guests, family members, agent, or employees) will be kept on file with the records of the Association.
3. PAYMENT OF FINES AND LIABILITY
Unless appealed as permitted below, a fine must be paid to the Association within thirty (30) days of the citation and assessment of the fine. If the owner fails to submit a written request for a hearing to the Board to appeal a fine within ten (10) days after the fine is assessed against the owner the fine shall constitute a lien upon the owner’s property and be charged against the owner’s account. The Association may file a lien against the owner’s property for the unpaid fines.
4. APPEAL OF FINES
Any fine may be appealed as provided in this subsection: Owners shall be given full opportunity to present to the Board any extenuating circumstances which may bear on the violation, and to present such evidence as may be necessary to support that position. This process may be initiated by contacting the managing agent, Associa Hawaii. Owners may request re-consideration of an appeal ONLY where information not available at the time of the original appeal becomes known. Such request for re-consideration must be sent in writing to the managing agent no later than ten (10) days after the Board disposes of the original appeal. Within ten (10) days of the date of a fine, an owner shall have the right to appeal to the Board of Directors by mailing or delivering written notice of appeal to the managing agent (AssociaHawaii, Attention Karin Villaverde, 75-169 Hualalai Road, Kailua Kona 96740. The Board of Directors will acknowledge receipt of appeal, review, and present a decision to the owner within (60) days. The Board may reduce or rescind any citation or fine after consideration of the appeal. A fine may only be appealed to the Board of Directors one time. No future consideration will be allowed except for allowable requests for reconsideration as described above. Only after all appeals have been exhausted, an Owner may apply for mediation pursuant to HRS 421J-13 for any allowable dispute regarding the enforcement of the CC&R’s, but such request for mediation must (a) be made within thirty (30) days after the Board has taken final action on any violation and (b) such request for mediation will not stay the enforcement of the fine(s) and assessment of costs and fees, and a Notice of Lien may be filed by the Association immediately after the final appeal has been determined by the Board.
This schedule of fines shall be sent to all owners of record of Kona Palisades Estates Community Association and should be kept with the owners’ Association documents. The Board reserves the right to establish a new schedule of fines at any time.
Pancake Breakfast a Success
The Palisades Volunteer Fire Department 7B thanks them many people who join in their annual Pancake Breakfast July 4th at Palisades Community Center.
The pancakes, eggs, and bacon were free but everyone seemed to make a donations. This fundraiser that these men and women have is to help buy and maintain the equipment they use to keep our Community safe.
The members of the Fire Department appreciate everyone that attended, especially those who brought their onn tables and chairs to keep each other safe from Covid-19.
A Big Mahalo to everyone that voted on the Updates to the Bylaws and Charter of Incorporation. We had a great discussion at our General Membership Meeting on March 30, 2021. The Board will keep your concerns in mind as we move forward.
The Updates to the Bylaws and Charter of Incorporation are recorded with the State, as required by law.
The Board is establishing a new Fine & Fine Enforcement Policy for the Members in our Community that choose to ignore and not comply with our Association Documents. The Fine & Fine Enforcement Policy will be effective August 1, 2021.
The Board’s next task is revising the Rules and Regulations. We currently have 5 Members of our Community that volunteered to serve on this Committee. If you would like to join the Committee, please contact Karin@associahawaii.com.
It is great our community is working together to update our outdated Documents. Our next Community project is updating our 1968 CC&R’s.
Everyone was sent a Written Consent Form to vote on the Updates. We need 585 Yes Votes to pass each update. We currently do not have enough responses and need your help! If you have already submitted one, we have it on file, there is o need to resubmit.
This is a brief Summary of the 6 (six) items being voted on:
Number 1, 2, & 3 are to prohibit nuisances in the neighborhood (Ex: No temporary shelters,
non-working vehicles, making reasonable efforts to control invasive species, etc.)
Number 4 allows Homeowners to install metal, copper, cedar, etc. roofing material with Board approval.
Number 5 establishes a 30 (thirty) day minimum rental on all Lots.
Number 6 makes it easier to update our CC&R’s in the future.
As owners, you simply vote “yes” for those items you want to see in effect and “no” for those you do not.
Please return your Written Consent to:
Kona Palisades Estates Community Association, c/o Associa Hawaii, Attn: Karin Villaverde, 75-169 Hualalai Road, Kailua Kona, HI 96740 or the Entire Document via email to Karin@associahawaii.com.
If you have any questions about the Written Consent Updates call Karin 808.837.5293 or email Karin@associahawaii.com.
We need a total of 585 YES Votes for each item to pass!!!
A copy of the Written Consent is attached to this Message.
Please Kokua! Your Vote Matters!
Tom Fine Sr.
Palisades, a great place to live!
The Board had already contracted with Associa Hawaii to be the Property Management Firm. Karin Villaverde will be the Community Manager. Associa Hawaii has played a key role in helping to uncover failures in the past to follow correct legal procedures and properly record actions of the Association. They were also very helpful in getting information out about the Annual meeting that had to be reconvened twice. We will have a whole team working for the Association instead of just one. It should make things go a lot smoother in the future.
President Fine encouraged the owners by saying "This is not the end of the process but it is the beginning. We want to make changes. You have wanted changes. This is the beginning of making changes to make Palisades a better place to live."
He also called for volunteers who want to help in the change process. We need the everyone involved in helping to improve Palisades.
Karin encouraged people to call her at 837-5293 or send an email to Karen@AssociaHawaii.com if you have any questions, concerns or good ideas. She also wrote "Please await future mailings and communications with more details on our services and what to expect in our new working relationship.
If you have not provided us with your email address, please do so immediately. We can save money and time by sending the newsletter out by email, instead of USPS. Click here to send your email address: email@example.com. Mahalo
Neighborhood Watch Has Christmas Party
Enjoy the photos below (click on arrows to see pictures to the left or right)
Neighborhood Watch Christmas Party 2019
The Kona Palisades Neighborhood Watch and Board Members celebrated it’s Christmas Party and last meeting for year on December 10, 2019.
The pot luck was excellent with a wide variety of dishes and more than enough.
Virginia Halliday had a mixer activity that encouraged people of get to know each other a little better and enjoy some talk story time.
Virginia also reminded everyone that she has resigned as chairman and we need a new chairman for the Neighborhood Watch.
Photos from the Neighborhood Watch Christmas Party 2017. Click Here.
Photos from the summer social
You will find these in the right hand column toward the bottom.
Coqui Frog Patrol Chair,
Fire Dept. 7 Bravo
Photo by Bob Duffer