Rules, Policies, and Procedures of the Kula Kai View Estates Community and Road Maintenance Association
As of 5 May 2018

The standing Rules, Policies, and Procedures listed in this document pertain to the Kula Kai subdivision, PO Box 7210, Ocean View, HI 96737, www.kulakai.com
For questions contact, John M. Wilson the Association, President, at jmwgeo@gmail.com #808-929-8256Table of Contents
Community Access
    Gate Code
        Business Gate Code
    Clicker (Remote gate opener) Policy for issuing clickers
    Special Event Access
    Access for Keone’s
Communication
Road maintenance
    Future paving
    Paving Priorities
    Weed Control
Board of Directors
    Director Elections
    Expectations and Requirements
Roadside Mailboxes
Penalties for Nonpayment of Dues
Community Lot 3
Covenants
Accounting procedures

A. Community Access

Gate disclaimer

Kula Kai and Chamberlain disclaim any liability for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to this 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

The Kula Kai gate code to the subdivision entrance gate on Kona Kai Boulevard is changed four times a year on or about the first day of January, April, July, and October. The new code is sent to the members by email when it is changed, and the old code is deactivated a few days later. The codes are also available at the Annual Meeting.

1. Members are asked to use discretion in giving the code to others. See the special event procedure below.

2. Starting July 2016, we have instituted new security measures when giving the gate code by phone. People will be asked enough questions to verify the person is appropriate to give the gate code to.

3. Members are responsible for giving the gate code to their guest. Kula Kai members may, at their discretion, meet a vendor or visitor at the gate and let them in without giving the gate code.

4. Please do not let someone unknown to you follow you through the gate, particularly if it is someone who has been waiting in a vehicle at the gate. This is a recommendation; we know it may not be practical in every instance.

5. Delivery people, real estate customers, repairers, and other service people should be given the gate code by the Kula Kai members for whom they are providing services.

Customers visiting a business in Kula Kai are required to get the gate code from the business.

7. In some cases, the gate manager at his discretion may require the person to wait at the gate while he goes to the gate and opens it without giving them the code. The gate manager may also at his discretion take the person’s picture.

Kula Kai Businesses Gate Code

Businesses located in Kula Kai View Estates may receive, upon request, a special code that the company will give only to their customers to provide them access to the business. The business code will be changed twice a year, instead of quarterly, as is done with the member’s gate code.
For a business to qualify for a special code, the business:

1. Must be located and do business in Kula Kai View Estates

2. Have significant and regular visitation from non-members

3. Have a situation in which the member gate code is not practical, such as needing to give the code to customers well in advance of the customer visitation

4. Have a situation in which frequent code changes is inconvenient

5. Agrees not to give the code to anyone who is not a customer

6. Agrees not to give the code to anyone who would be expected to use the member’s gate code such as Kula Kai members, delivery services, and public agencies

Clicker

Kula Kai View Estates Clicker (Remote gate opener) Policy for issuing clickers

1. The Kula Kai View Estates Community Association will provide each member of the association one free clicker upon request, per lot owned. Members may purchase other clickers at cost. The cost in 2016 is $25.

2. People who are delinquent on their association dues will not receive a clicker.

3. Members who have clickers and sell their house should give the new owner their clickers. The free clicker offer does not apply to resale houses or lots if free clickers have been given to the prior owner.

4. Members assume responsibility for the maintenance of their clicker. A fee equal to the cost of the clicker is charged to replace a lost or broken clicker. Members who rent their house may at their option and risk, loan the renter their clicker. A member with a lot that received a second free clicker under a previous policy may keep their extra free clicker.

5. The Association President appoints, with the approval of the Board of Directors, a person with the title of “Clicker Manager” responsible for handling and programming the clickers and collecting money from clicker sales.

6. The Clicker Manager will have the money deposited in the Kula Kai account for all sold clickers. The Association Treasurer pays for new clickers from the Kula Kai account. New clickers are usually ordered in lots of ten or more.

7. The Clicker Manager will keep records of who receives free or sold clickers and determine as best as practical who has previously received a free clicker or clickers.

8. 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.

Special Event Access

Procedures for special event access through the Kula Kai entrance gate for Non-Members
A Kula Kai member who plans to give access to the Kula Kai Subdivision for multiple vehicles over a period lasting more than thirty minutes to non-members for such purposes as a real-estate open house, multiple deliveries, special social gatherings, and other special events has two choices. They are listed below. The member should also notify the Gate Manager directly or a board member who will then notify the Gate Manager. The member planning to open the gate for these purposes should give the Gate Manager the purpose and the planned day and times of the activity. The Gate Manager is authorized to close the gate if he discovers it open with no notification from a member of an open gate event.

1. Get a special gate code from the gate manager by notifying him 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. Open the manual side of the gate temporally by opening the padlock for the duration of the event. The gate manager will provide instructions if needed. The padlock has the same code as the electronic gate. The requesting member is also responsible for closing the gate at the end of the event or activity and posting a notice on the Kula Kai entrance bulletin board about the purpose and time the member is responsible for closing the gate at the end of the event or activity.

Keone’s

The KKVECA Board hereby notifies everyone with an interest, especially property owners in Keone’s Hawaiian Rancho subdivisions, that obtaining access to any Keone’s lot by connecting to a cross street in Kula Kai will not be approved by the KKVECA Association. Based on votes and discussion at KKVECA annual meetings such approval will not be likely to occur in the foreseeable future. Some other means of access to Keone’s lots is recommended. Rationale: The present policy is different from one that was held by the Association some years ago. The Association has a duty to clarify its present policy since it has a significant bearing on the use, value, and management of Keone’s lots. This policy applies to other adjacent subdivisions as well.

John Willard’s 21-acre lot 921510380000, located at the end of Poha Drive should be considered the same as other Kula Kai lots and all privileges, rules, and regulations apply to this 21-acre property in Keone’s Rancho subdivision as long as the dues are paid promptly.

B. Communication

Email address list

Kula Kai members should provide a current email address to the Board so as to facilitate communication of important Association business such as gate code changes.

Kula Kai Board Email List

A. The email address of all members of the Kula Kai Board of Directors will be included on the Kula Kai Board Email list.

B. This Email List is intended for official communication to board members for meeting notices, agendas, minutes, committee reports, and all other appropriate statements.

C. Kula Kai members in good standing may be placed on the Kula Kai Board Email list upon request.

D. The board may, at its discretion, limit distribution of material in the Board Email list to board members only. Sensitive information usually considered confidential such as job interviews, employment or contract worker evaluations and other private information may be deleted from emails sent to non-board members.

E. The president, secretary, or their designee will post Kula Kai meeting notices on the entrance bulletin board.

C. Road maintenance

Future paving

The Kula Kai Association encourages property owners to install paved aprons or the equivalent where their driveways intersect Kona Kai Boulevard and notify Association members in advance the next time the association has any paving work so that any interested Kula Kai property owner may pay the additional costs of paving part or their entire driveway. Rationale: The idea is to allow each property owner to also improve their property at the same time at no cost to the association. The same reason that the association board arranged to have aprons paved at the cross streets applies to the driveways that connect to Kona Kai Boulevard. To protect the main subdivision road and to improve the appearance of the neighborhood, the policy would probably be set up to allow each interested owner to 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 the paving equipment and would cost the civic association nothing.

Paving Priorites

The Board of Directors sets the priority for The 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. These segments are listed in the table of “Sections of Kona Kai Boulevard that are likely to need repaving or substantial repair first.”

B.The ten or eleven 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 Kula Kai Weed Control Committee 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 he or she 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.

D. Board of Directors

Director Elections

The annual meeting notice may include a list of the director candidates with short biographical descriptions. Candidates are not required to have a description in this document. It is the candidate’s responsibility to provide this material to the secretary by the publishing deadline determined by the president.

Expectations and requirements for Kula Kai Directors as a whole are:

1. Every director must be a Kula Kai member in good standing, which means among other things, one’s association dues must not be in arrears.

2. Consider all motions of the Board of Directors including expenditures.

3. Arrange for the proper handling and maintenance of the Association assets, which are the community funds, road system including the right of way, entrance gate, streetlight, and lot number three.

4. Elect the officers of the Association.

The expectations for every director are that he or she:

1. Will serve for a term of one year and if effective as a director stand for reelection if able.

2. Will represent the best interests of Kula Kai.

3. May serve as a volunteer in some way that helps the community. Most directors volunteer to serve the community in some volunteer capacity that matches his or her interests, skills, and abilities.

4. Will participate fully in email voting. The bylaws allow for email voting by the board of directors mainly for emergencies. The members approved this procedure this year and to date, it has not been used.

5. Will attend the board of directors meetings. We understand that when a director lives part of the year somewhere other than Kula Kai, he or she might not be able to attend some meetings. Directors should stay informed on all the important issues, read the minutes, and understand the actions of the Board.

E. Roadside Pedestal Cluster mailboxes

Kula Kai Members who want to have locked (Roadside Pedestal Cluster) mailboxes may purchase this item provided that these members raise all of the funds necessary to purchase and install the unit and follow Kula Kai accounting requirements. No Kula Kai dues funds may be used for the purchases and installation for the cluster mailbox units.

F. Penalties for Nonpayment of Kula Kai Dues

Kula Kai View Estates annual dues payments are due by 1 January each year. Dues not paid by January 31 are past due.

Members in arrears of more than $200 will have a lien placed upon their property record with Hawaii County and will be charged an administrative fee of $150 to remove the lien.
Under Article XV, SECTION 6 of the Kula Kai Bylaws authorizing “any other remedies for non-payment of assessments,” Kula Kai members who are in arrears more than one month of their dues to the Kula Kai View Estates Community Association may not:

1. Vote at the Kula Kai Association annual meeting

2. Vote at any special called meetings of the Kula Kai Association

3. Be nominated for or serve as a director or any officer of the Kula Kai Association

4. Be appointed as the Chair of any Kula Kai Association Committee

5. Be given or sold a clicker for the Kula Kai entrance (remote gate opening device)

These penalties are in addition to the fines and liens described in Article XV Sections 6 and 7 of the Kula Kai Bylaws
Kula Kai Bylaws Article XV SECTION 6. Payment of Assessments, Delinquency. Every assessment, whether annual or special, shall be borne by the members pro-rata: that is, each member will be required to pay amount that is equal to the quotient of the total amount of the assessment as determined by the board of divided by the total number of lots within the Kula Kai View Estates subdivision as of the effective date of such assessments shall be due and payable not later than thirty (30) days after its effective date. A Late penalty of one ($1.00) 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. This late penalty shall be in addition to any other remedy for non-payment of assessments as set out in these bylaws.

“First in first out” on members’ debts and dues

A motion was made to approve this rule and add it to the house rules.

Any lot owner who has an obligation to Kula Kai View Estates is expected to pay promptly. The board may apply the debtors’ subsequent dues payments toward the debt until the debt is completely paid. Said dues will be considered unpaid until all earlier debts are paid. The concept is that funds are applied to association debts on a first in first out basis. Lot owners with debts equal to or greater than one year’s dues are not considered in good standing. Motion to adopt this concept and add it to the House Rules for Kula Kai. Motion passed.

G. The Kula Kai Lot Three

The Committee mission is to improve the appearance and ecology of the Kona Kai owned lot, and the following plan is proposed.

Section 1 – 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
This section 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.

Remove the worst invasive species as they are found, such as Christmas berry (Schinus terebinthifolius) and Fountain Grass (Pennisetum setaceum). Clear the area in front of the shipping container to allow access to it. Otherwise, allow this section to remain as it is.

Section 7 – That the other side of Kona Kai Boulevard be mowed and the vegetation killed to the edge of the right of way

Resources
The Kula Kai board prefers that the majority of these improvements to lot three be done with no expenditure of Kula Kai Association dues funds. In that spirit, interested association members are asked to make in kind 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 thee will be deposited in the Kula Kai bank account and maintained as a separate line item by the treasurer.

H. Covenants

The Kula Kai Covenants, Conditions, and Restrictions expired December 31, 2010

1. These Covenants, Conditions, and Restrictions were not effectively enforced by the Kula Kai View Estates Community Association, and they are not enforceable. We recommend that everyone involved should do his or her research before making any decisions in which these covenants and their lack of enforcement is a factor. The reasons for the lack of enforcement of the convents is complicated and was caused by several factors. However, the members of the Kula Kai View Estates Civic Association encourage all owners in Kula Kai to voluntarily maintain the highest quality and appearance of their property that is practical.

2. An instrument was filed with the land court of the Hawaii Bureau of Conveyances stating in summary, that one instrument has expired and that the second instrument was not approved by the members.

3. The proposed covenants dated December 31, 2010, were not voted upon by the Kula Kai View Estates membership. Such a vote was required by the 1968 covenants as stated in item 18. The only applicable document that could be used to establish covenants after the first covenants expired on December 31, 2010, is the bylaws which allow amendments with the approval of two-thirds vote of the members. No vote was ever taken to extend the 1968 covenants or approve new covenants.

4. The document filed in the Land Court of the Hawaii Bureau of Conveyances on 15 January 2010 declaring that the members of the Kula Kai View Estates Community Association desire to establish covenants, conditions and restrictions referred to a document dated 23 October 1968. A past officer then proceeded to list a different set of covenants that were never voted upon by the Kula Kai View Estates membership. The 1968 covenants were effective until December 31, 2010. They expired at that time and were not renewed by the membership per items 17 and 18.

I. Accounting procedures

To the extent, that is practical for a small organization Kula Kai accounting is done in compliance with Generally Accepted Accounting Principles. For example, all checks are countersigned, and no pre-signed checks are allowed.

The board policy is that the Kula Kai checking account should have at least $4000 as of 1 June each year to provide for all foreseeable expenses. In the event of rare and extreme emergency expenditures, CD’s can be cashed early, usually with a small penalty, the amount of which is dependent on market conditions.