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

Home

limitation those facilities shown on the Subdivision Map and those located outside of the Community. (7) Community Parks refer to the approximate 6.835 acres proposed "Regional Park" located at the intersection of the Community Access Road and Queen K Highway and each of those "passive" parks located within the Community. The Regional Park may be included in the Community Common Area if the County does not accept or delays acceptance of the dedication of the park. (8) Historic Sites refer to culturally significant sites located outside of Pualani Estates for which the Community Association has a continuing responsibility to share in the cost of their care and maintenance. The actual care and maintenance of Historic Sites is the responsibility of others and will be administered in the future by a separate association yet to formed. (9) Road Widening Lot means and describes Lot 128 as shown on File Plan 2352 along Queen K Highway. The Road Widening Lot may be dedicated to the County, but is included in the Community Common Area until the County's acceptance of the dedication of this lot. Section 1.9. Common Expenses means the actual and estimated costs incurred or anticipated to be incurred by the Association and/or its designees in administering, maintaining and operating the Area of Common Responsibility, and in owning, leasing, operating or maintaining any portions thereof, and otherwise acting pursuant to this Declaration, including, but not limited to, the following: (a) Maintenance, management, operation, repair and replacement of all or any portion of the Area of Common Responsibility; (b) Unpaid Assessments; (c) The costs of management and administration of the Association; (d) The costs of insurance maintained by the Association as required or permitted herein; (e) Reasonable reserves for contingencies, replacements and other proper purposes, if deemed appropriate by the Association to meet the costs and expenses of maintenance, repairs and replacement of those portions of the Area of Common Responsibility which must be maintained, repaired, or replaced on a periodic basis; (f) The costs which the Board elects to incur to bond the members of the Board, officers of the Association, any professional managing agent or any other person handling the funds of the Association; (g) Taxes paid by the Association; (h) Amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Area or portions thereof; (i) The costs incurred by the Design Review Committee; 0) The costs incurred by any other committees established by the Board; and (k) Other expenses incurred by the Association for any reason whatsoever in connection with the Area of Common Responsibility, or the costs of any other item or items designated by, or to be provided or performed by the Association pursuant to this Declaration, any Supplemental Declaration, the Articles, Bylaws, Association Rules or Design Guidelines, or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association, including, but not limited to, legal fees and costs incurred by the Association. Without limitation of the foregoing, the Association shall be responsible for and the Common Expenses shall include any and all costs necessary to improve, modify the Community Access Roads, the roadway shoulders, the Community Park, and other Common Area, or improvements located in any of the foregoing (regardless of whether it is intended to dedicate the same), so as to cause such item comply with any and all future rules or regulations applicable to such items or the use of such Common Areas, 'Including any rules and regulations applicable to public access and use of facilities of the nature involved. Pualani Kona 10-9-03 22594-174/282690.9 Page 3