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.

 

5. MISCELLANEOUS

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.