Kula Kai View Estates Community Association Declaration of Covenants, Conditions and Restrictions

 

MEMBERS of Kula Kai View Estates Community Association, owners of those parcels of land situated in the District of Kau, County and State of Hawaii, and more particularly described in and covered by that certain deed dated October 23, 1968, and recorded in the Bureau of Conveyances of the State of Hawaii in Book 6274 on page 235, desire to establish covenants, conditions and restrictions relative to the use of said property in order to create and serve a proper subdivision.

 

            THEREFORE, Owners hereby declare that the above described property shall be subject to the following covenants, conditions, and restrictions:

 

            1.  USE.  All lots within said Kula Kai View Estates shall be used for single family residences.  “Lot” shall mean, and included each separate parcel own as a lot on File Plan or Plans which may hereafter be filed in said Bureau and covering all or any part of the land described in the above said deed dated October 23, 1968, save and except any such lot which is or may be designated as a roadway lot on any such File Plan.

 

            2.  GARAGES.  Every dwelling shall have a minimum of a 2-car carport.

 

            3.  SIZE.  No dwelling shall be erected upon any of said lots which contains less than 600 square feet of ground floor space, exclusive of porches, lanais, and garages.

 

            4.  HEIGHT.  No structure of any type shall be erected that will exceed 18 feet above the highest ground level at the structure.

 

            5.  QUALITY.  No trailer, mobile home, tent, shack, or other similar structure shall ever be erected or placed on any lot except:  a small temporary structure to secure tools, equipment, and materials during the construction phase of a residence, may be erected for a period not to exceed six months, without written consent to extend from the KKVECA board of directors.  Consent will be automatic in the absence of just cause to deny extension.

 

            6.  NUISANCES.  No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may or may become an annoyance or nuisance to the neighborhood.  No barn, shed, doghouse, or other structure to house poultry or animals shall be erected within 50 feet of any property line.

 

            7.  MATERIALS.  All materials that will be exposed that are used in the construction of any improvement on any lot shall be new materials, except decorative materials used to enhance the appearance of the improvement.  All used materials shall be treated by professional exterminators prior to delivery to area.

 

            8.  FOUNDATIONS.  Subfloor framing shall not be exposed to view from any side of any structure.

 

            9.  SIGNS.  No sign of any kind shall be displayed on any lot except one name sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, and signs used by a builder to advertise the property during the construction and sales period.

 

           10.  TRASH.  No lot shall be used or maintained as a dumping ground for discarded vehicles, rubbish, or trash.  No garbage or other waste shall be kept on any lot except in sanitary containers.  All incinerators or other equipment for the storage or disposal of such material shall be in a clean and sanitary condition.

 

           11.  STATEMENT OF COVENANTS.  No deed, mortgage or lease shall be made or delivered conveying, mortgaging or leasing the above described lots or any of them, at any time during the effective period of these covenants, unless such deed, mortgage or lease shall contain or be subject to the same restrictive terms, covenants and conditions as in this Declaration set forth.

 

           12.  BUILDING PERMIT.  No work shall be commenced to erect any permanent structure without first providing the KKVECA board of directors with a copy of plans for the structure.

 

           13.  COMMUNITY ASSOCIATION.  The owner of each lot is required to become a member of the KULA KAI VIEW ESTATES COMMUNITY ASSOCIATION.  The purchaser of each lot accepts and agrees to abide and be bound by the terms and provision of the Bylaws of the Association, and are herein incorporated by reference.  Any assessment imposed against any purchaser or lot as provided in the Bylaws of the Association shall constitute a lien upon each such lot on favor of the Association and such lien may be enforced by suit for money judgment or may be foreclosed, as set forth in Chapter 667, Revised Laws of Hawaii, as the same is now or may hereafter be amended; provided that no action shall be brought to foreclose such lien unless ninety (90) day written notice thereof shall be mailed to the owner of the lot as shown upon the records of the Kula Kai View Estates Community Association, at the owner’s address shown upon those records.

 

           14.  ADDRESSES.  The owner of each lot will at all times keep the Kula Kai View Estates Community Association informed of his correct mailing address and will notify it of the name and address of every person to whom he may at any time mortgage, sell or transfer any interest in the lot.

 

           15.  COVENANTS RUNNING WITH THE LAND.  These covenants, conditions, and restrictions shall operate as covenants running with the land and the breach of any of them or the continuance of any such breach may be enjoined, abated or remedied by the owner of any interest in any lot but by no other person.  The term “owner” shall include the bona fide owner or holder of any agreement of sale covering any of said lots.  Any violation, however, shall not cause forfeiture of title or render invalid the lien of any mortgage of deed of trust made in good faith and for value as to said lots or any of them.

 

           16.  ENFORCEMENT.  These covenants, conditions, and restrictions may be enforced by a suit in equity to restrict or prevent by injunction, mandatory or restraining, any violation of any said covenants, without prejudice to the right of complainant to adopt or pursue any other remedy for the same breach or failure, or for any subsequent breach or failure, or to take any action to recover damages for any such breach or failure.

 

           17.  EFFECTIVE PERIOD.  These covenants, conditions and restrictions shall be effective and binding upon all of said lots, the owners thereof and all persons having any interest therein for the period from the date hereof through December 31, 2010.

 

           18.  AMENDMENTS.  These covenants, conditions and restrictions may be amended at any time by 60% affirmative vote of the entire membership.

 

           19.  SEVERABILITY.  Invalidation of any of these covenants, conditions and restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect.

 

Witness my hand this 27th day of April, 1990.    For the owners:

                                                                             Karl S. Patton, President

 

THE STATE OF TEXAS

COUNTY OF TARRANT

 

Know all men by these presents on this the 27th day of April, 1990, before me personally appeared Karl S. Patton, personally known to me, who being duly sworn, did say that his is President of the KULA KAI VIEW ESTATES COMMUNITY ASSOCIATION: that the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS set out above has the consent of each and every member of the said association; that this instrument was signed and sealed on behalf of the said members; that they are the only persons or entities having interests in the said association or property subject to this instrument; and said KARL S. PATTON acknowledged said instrument to be the free act and deed of the said association.

VICKI G. HOGUE  Notary Public