|
Owner shall knowingly use, generate, manufacture, store, release, dispose of or knowingly
<br /> permit to exist in, on, under or about any Lot, any Common Area or any portion of the Property,
<br /> or transport to or from any portion of the Property any Hazardous Materials except in
<br /> compliance with the Environmental Laws.
<br /> Section 4.2. Property Restrictions. No covenants, conditions, restrictions or
<br /> easements, or similar instruments shall be Recorded by any Owner or other Person, except
<br /> Declarant, against any Lot without the provisions thereof having been first approved in writing by
<br /> the Board and Declarant, which approval may be withheld in the sole discretion of the Board
<br /> and Declarant, and any such covenants, conditions, restrictions or easements Recorded without
<br /> the Board's and the Declarant's approval being evidenced thereon shall be null and void.
<br /> Section 4.3. Rezoning. No applications for general plan changes, rezoning,
<br /> variances, special permits, use permits or the like affecting any Lot shall be filed with any
<br /> governmental authority unless the proposed use of the Lot has first been approved by the Board
<br /> and Declarant and the proposed use otherwise complies with this Declaration and any
<br /> applicable Supplemental Declaration. This provision shall not in any way prohibit, restrict or
<br /> otherwise limit the right of Declarant to apply for, prosecute and receive rezoning and/or
<br /> reclassification of any portion of the Property or the Annexation Property then owned (or the
<br /> subject of an option to purchase) by Declarant, or to apply for, prosecute and receive variances
<br /> or use permits relating to such property.
<br /> Section 4.4 Covenants, Conditions, Restrictions and Easements
<br /> Applicable to Lots Within the Residential Area. The following covenants, conditions,
<br /> restrictions and reservations of easements and rights shall apply to all Lots, the Owners thereof,
<br /> and all Occupants within the Residential Area:
<br /> (a) Single-Family Use. Each Lot or Dwelling Unit (if so designated in
<br /> a Supplemental Declaration) in the Residential Area shall be used only for the construction and
<br /> occupancy of a Single-Family Dwelling Unit and typical residential activities incidental thereto.
<br /> All such Lots shall be used, improved, and devoted exclusively to Single-Family residential use.
<br /> No gainful occupation, profession, trade or other non-residential use shall be conducted on any
<br /> such Lot except qualified home businesses as prescribed by applicable State of Hawaii and/or
<br /> County laws and regulations. No Lot shall be occupied by more than one Single-Family.
<br /> (b) Garages. No garage shall be used for other than the parking of
<br /> trailers, transportation vehicles or recreational vehicles, provided, however, that a garage may
<br /> be used for laundry, storage purposes or minor repairs not otherwise prohibited, so long as such
<br /> use is not visible from any sidewalk or Road. No garage shall be used for living, cooking or
<br /> sleeping purposes.
<br /> (c) Violation of Law or Insurance. No Owner or Occupant shall
<br /> permit anything to be done or kept in or upon such Owner's Lot or in or upon any Common Area
<br /> which will result in the cancellation, or increase in premium, or reduction in coverage of
<br /> insurance maintained by the Association or which would be in violation of any law.
<br /> (d) Signs. No sign of any kind shall be displayed to the public view or
<br /> from any Lot without the approval of the Design Review Committee, except: (i) a single sign, no
<br /> larger than 2 feet by 3 feet, as may be used by an Owner in connection with the sale or leasing
<br /> of the Owner's Lot; (ii) such signs as may be used by Declarant in connection with the
<br /> development and sale or leasing of Lots, Parcels or other property in the Property and the
<br /> Pualan!Kona 10-9-03 Page 9
<br /> 22594-1741282890,9
<br />
|