KKVECRMA
HOUSE RULES
ADOPTED April 2022 / REVISED April, 2023
Owners are hereby advised the KKVECRMA Board of Directors are NOT responsible for intervening or mediating Owner to Owner, Owner to Tenant, or Owner to Guest disputes - under any circumstances.
A. Community Access
Gate disclaimer:
Kula Kai View Estates Community Road Maintenance Association (KKVECRMA), disclaims any liability for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, arising from, connected with, or relating to the Kula Kai View Estates entry gate, including, but not limited to, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise. Or economic loss, under any theory of liability (whether in contract, tort, civil liability, strict liability or any other theory or law or equity).
Gate Code / Gate Damage:
The Kula Kai View Estates gate code for entrance to the subdivision is changed four or more times a year on or about the first of January, April, July, and October. The new code is sent to members in good standing via email, and the old code is then deactivated a few days later. Owners are asked to use discretion in giving the code to others. If you are having a special event, please see the procedure referenced below.
1. Beginning July 2016, the board instituted new security measures for giving out the gate code by phone. People calling from the gate will be asked enough questions to verify the person should be provided the current gate code.
2. Owners are responsible for providing the gate code to their guest(s). Kula Kai owners may, at their discretion, meet a vendor or visitor at the gate and let them in without giving out the gate code.
3. Delivery people, Real Estate Agents and Clients, Handymen, and other service people should be given the gate code by the Kula Kai owner for whom they are providing services. Real Estate Agents are expected to accompany their client to see real estate offerings in Kula Kai. The gate code will not be given to unannounced real-estate customers who are not accompanied by their agent.
4. The gate manager at their discretion may require someone to wait at the gate while they go to the gate and open it.
5. Owners will be held financially liable for the cost of repairs - if they, their guests, tenants, or hired workers cause damage to the entry kiosk, entry gate and/or security system.
Gate Clicker policy:
1. The Association will provide each new lot owner one clicker upon request. New owners may purchase an additional clicker. The cost is $45.00. No more than 2 gate clickers are allowed per lot.
2. Owners who re-sell their house or property should give the new owner their clickers. The free clicker offer does not apply if clickers have been given to the prior owner.
3. Owners are responsible for the maintenance of their clicker. A fee equal to the cost of the clicker is charged to replace a lost or broken clicker. Owners who rent their house may at their own risk, loan the renter their clicker.
Special Event Access:
1. An owner may request a special gate code from the gate manager by notifying them of the type, date(s), and times of the event. A special gate code will be issued for the event. It will be deactivated after the event.
2. An owner may also open the manual side of the gate temporarily by unlocking the padlock for the duration of the event. The gate manager will provide the combo and instructions if needed. The owner requesting access for guests is also responsible for closing the gate at the end of their event.
Keone’s / Kahuku Ranch Estates:
The Association Board hereby notifies everyone with an interest in, but especially property owners or perspective buyers in Keone’s Hawaiian Ranchos or Kahuku Ranch Estates subdivisions, that obtaining access to any of those lots by connecting to a cross street in Kula Kai will not be approved by the Association.
B. Communication
Email address list:
Kula Kai members should provide a current email address to the Board Secretary to facilitate communication of important Association business. Under no circumstances should this address list be shared outside the community, or misused in any manner else legal action may be taken by the Board.
Meeting Notices:
The Board will communicate the Day and Time of Regular or Special Meetings by posting them at the entrance of the subdivision, on the bulletin board. Any owner who wishes to be informed of these meetings via email should contact the Board Secretary to be put on a special communication email list.
C. Road maintenance
Future paving:
The Association encourages property owners to install paved aprons or the equivalent, where their driveways intersect Kona Kai Boulevard. The Board will notify Association members in advance when the association has any paving work performed so that any interested Kula Kai property owner may pay the additional costs of paving all or part or their entire driveway.
To protect the main subdivision road and to improve the appearance of the neighborhood, each interested owner may negotiate a separate price with the contractor for the work to be done on their property. This proposal would save each person the costs of bringing in special paving equipment.
Paving priorities:
The Board of Directors has set the priority for Kula Kai road maintenance as follows:
A. The maintenance of Kona Kai Boulevard is the priority for repairs or repaving to maintain it in good condition or better. Special consideration will be given to the 2839 linear feet of the oldest and steepest paved sections.
B. The cross streets will be maintained in satisfactory and drivable condition. Asphalt paving is not a goal for the cross streets, at this time.
Weed Control:
The Board is charged with finding environmentally sound and reasonably effective methods of controlling weeds growing in the Kula Kai side roads and woody plants sending roots under the pavement of Kona Kai Boulevard. The mission includes research to find suitable chemical means to eliminate the unwanted weeds, developing methods to control the weeds, and implementing said methods. Regardless of the methods the committee establishes, it shall provide a means for any Kula Kai property owner to opt out of the program for the area of the Kula Kai Road frontage along the edge of their property. Kula Kai property owners may opt out provided they promise to control the weeds that potentially will damage the Kula Kai road and pavement. The Board may set a time limit upon the opt out option and require the member to renew it.
Gates, Fences or other monuments:
It is the sole responsibility of every Kula Kai lot owner to know where their property lines are located, BEFORE the installation of a Gate across their driveway, or the installation of a Fence or Rock wall, or the construction of monuments such as pillars. If there are questions as to setback requirements those regulations can be found on the the following website: www.hiplanningdept.com .
D. Penalties for Nonpayment of Dues
Whenever a property is sold whether through escrow, or privately between individuals, a copy of the Conveyance form filed with the Bureau of Conveyances of the State of Hawaii should be sent to the association Treasurer. Failure to provide this information to the association will result in the former property owner being held accountable for non-payment of dues by the new owner, until such time as the information is provided and verified. A copy of the Recorded Deed stamped by the Bureau of Conveyances showing new ownership will also suffice for this purpose.
Annual dues payments are due January 1st each year. Dues not paid by January 31st are considered past due. Article XV Section 6 of the Kula Kai Bylaws state: “ A late penalty of $1.00 (one dollar) per month per lot will be charged against any lot on which regular assessments have not been paid as provided in these bylaws, and continue until all dues and related charges have been paid in full.
As a courtesy, you will receive a reminder letter when your account has reached 45 days past due. At 3 months delinquent a member will no longer be in good standing. Letters will be sent out at 3 months, 6 months, and 9 months intervals. At 9 months in arrears members will receive 90 days written notice of intent to file a lien against the property with the Hawaii County Property division. Additionally, you will be charged with an administrative fee of $150.00 (one-hundred fifty dollars) to remove the lien after the debt has been paid in full.
The board may apply the debtors’ subsequent dues payments toward the older debt until the debt is completely paid. Current dues will be considered unpaid until all earlier debts are cleared. The concept is that funds are applied to association debts with the oldest owed balance being paid first.
Article XV, SECTION 6 of the Kula Kai Bylaws also authorizes - “any other remedies for non-payment of assessments”.
Kula Kai members whose dues are in arrears more than 3 months to the Kula Kai View Estates Community Association may not:
1. Vote at the Association annual meeting
2. Vote at any Special meetings of the Association
3. Be nominated for, or serve as a director or officer of the Association.
4. Be appointed as the Chair of any Association Committee.
5. Be given or sold a gate clicker for the Kula Kai entrance.
E. Kula Kai Lot Three
The Association owns a lot at the top of the subdivision. A portion of the annual budget may be allocated towards this lot and the container on the property. Our mission is to improve the appearance and ecology of the lot in the following manner:
Section 1 – In the rectangular area closest to Route 11
plant Plumeria and other attractive and hardy, drought-tolerant plants in spaces that allow holes to be dug in the rocky ground. Depending on the availability of plants, the planting will start closest to the road and work toward the wooded area. The rocky banks between each section may be planted with ground cover suitable for that type of harsh environment.
Section 2 – The rectangular area makai of Section 1 will be left open as a community gathering area. Dead branches should be removed from the tree.
Section 3 – The triangular area makai of Section 2, plant native trees and bushes that will transition to the adjacent Ohia wooded area.
Section 4 – The triangular area makai of Section 3, plant the center of the area with interesting native and hardy plants.
Section 5 – The strip adjacent to Kona Kai Boulevard,
kill the grass and allow the forest area to encroach slowly over part of the strip closest to the wooded area.
Section 6 – The remaining area of lot three that is mostly native forest.
However, we will work to remove invasive plant species as they are found, such as Christmas berry, and Fountain Grass. The area in front of the shipping container will be kept clear to allow access to it. Otherwise, we will allow this section to remain as it is.
Section 7 – The other side of Kona Kai Boulevard will be mowed, and the vegetation killed to the edge of the right of way
The Kula Kai board prefers that the majority of these improvements to lot three be done with no expenditure of Kula Kai Association funds. In that spirit, interested association members are asked to make donations as follows:
1. Donate appropriate plants or root plant material for future planting.
2. Donate labor in the form of gardening, planting, clearing, and weeding.
3. Donate material such as soil, mulch, and compost.
4. Donate cash to the designated Kula Kai lot three garden fund.
5. Encourage others to help improve lot three.
6. Serve on the Kula Kai lot three garden committee
Donated Funds:
Any funds donated for the improvement of Kula Kai lot three will be deposited in the Kula Kai bank account and maintained as a separate line item by the treasurer.
F. Covenants
The original Kula Kai Codes, Covenants, and Restrictions expired December 31, 2010.
The Board recommends that each prospective owner, or current owner should do his or her research before making any decisions in which these covenants and their lack of enforcement is a factor.
An instrument was filed with the land court of the Hawaii Bureau of Conveyances stating in summary, the original instrument expired and that the second instrument was not approved by the membership.
G. By-Laws
The Board asks that each lot owner download and print a copy of the KKVECRMA by-laws posted on this website. These will help you understand the guidelines under which the association functions.
H. Accounting procedures
To the extent, that is practical for a small organization, accounting is done in compliance with Generally Accepted Accounting Principles. For example, all checks are countersigned, and no pre-signed checks are allowed.