07-15-2022 Applicant Response to Hualalai Comm. Assoc. Testimony (REMAND SPP-16-188)

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PLIALANI ESTATES AT KONA DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS THIS DECLARATION OF COVENAPffS, CONDITIONS, RESTRICTIONS AND EASEMENTS (this "Declaration") is made as of C*ob4^ .7,0 2003, by D.R. HORTON- SCHULER HOMES, LLC, a Delaware limited liability company, dba SCHULER HOMES ("Declarant"), the address of which is 828 Fort Street Mall, 4th Floor, Honolulu, Hawaii 96813. Declarant is the owner of that certain real property situated at Kona, Island, County and State of Hawaii, described in Exhibit A which references Lots therein by their subdivision Lot numbers. If available, the exhibit also notes the corresponding File Plan Lot numbers. Declarant desires to develop the Property (as hereinafter defined) as an integrated and planned development, and intends by this Declaration to impose upon the Property certain covenants, conditions, restrictions and easements under a general plan of development in order to provide a flexible and reasonable procedure for the incremental and overall development of the Property. Declarant further intends by this Declaration to provide a procedure and government for the use and interrelationships of the various components of the development and to establish a method for the administration, maintenance, preservation, use, regulation and enjoyment of the Property. ARTICLE I Definitions Defined terms appear throughout this Declaration with the initial letter of each such term capitalized. For clarity, individual Lots are described by reference to the subdivision lot number throughout the body of this Declaration. Unless the context clearly requires otherwise, the following terms used in this Declaration (in addition to those terms that may be defined internally)are defined as follows: Section 1.1. Arbitration is defined at Article XXIV. All Disputes, which is also defined in that Article, shall be arbitrated pursuant to the Federal Arbitration Act and subject to the procedures set forth in Section 24.2, after such Dispute shall have first been submitted to the process of"Negotiation" and "Mediation" defined and described in Article XXIV. Section 1.2. Articles or Articles of Incorporation means the Articles of Incorporation of the Association, as filed or to be filed with the Director of the Department of Commerce and Consumer Affairs of the State of Hawaii, as such Articles may be amended from time to time, or any successor thereto. Section 1.3. Assessments include (a) Benefitted Assessments, (b) General Assessments, (c) Special Assessments, and (d) Subdistrict Assessments, all as defined in Article IX Assessment Lien is also defined in Article IX Section 1.4. Association means the Pualani Estates at Kona Community Association, a Hawaii non-profit corporation, its successors and assigns. Pualani Kona 10-9-03 22594-1741282690.9 Page 1