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

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Community in general; (iii) such signs as may be required by legal proceedings, or the prohibition of which is precluded by law; and (iv)as may be approved by Declarant or the Board, such signs as may be required for traffic control and regulation of Roadways or Common Area. (e) Animals. No animals, including without limitation horses or other domestic farm animals or poultry of any kind, may be kept, bred or maintained in or on any Lot or in or upon any Common Area, except a reasonable number of commonly accepted household pets in accordance with the Association Rules. No animals shall be kept, bred or raised within the Property for commercial purposes. In no event shall any domestic pet be allowed to run free away from its owner's Lot without a leash, or conduct itself so as to create an unreasonable annoyance. M Nuisances; Construction Activities. No Owner shall permit or suffer anything to be done or kept about or within such Owner's Lot, or on or about the Property, which will obstruct or interfere with the rights of other Owners or Occupants, or annoy them by unreasonable noises or otherwise, nor shall an Owner commit or permit any nuisance or commit or suffer any illegal act to be committed therein or thereabout. Each Owner shall comply with the Association Rules and the requirements of all health authorities and other governmental authorities having jurisdiction over the Property. Normal construction activities and parking in connection with the building of Improvements on a Lot shall not be considered a nuisance or otherwise prohibited by this Declaration, but Lots shall be kept in a neat and tidy condition during construction periods, trash and debris shall not be permitted to accumulate, and supplies of brick, block, lumber and other building materials will be piled only in such areas as may be approved by the Design Review Committee. In addition, any construction equipment and building materials stored or kept on any Lot during construction of improvements may be kept only in areas approved by the Design Review Committee, which also may require screening of the storage areas. The Board in its sole discretion shall have the right to determine the existence of any unreasonable annoyance or nuisance under this Declaration. (g) Boats and Motor Vehicles, Except as specifically permitted by the Association Rules: (i) no boats, trailers, busses, motor homes, campers or other vehicles shall be parked or stored in or upon the Roads or stored upon a Lot except within an enclosed garage as permitted by the Design Guidelines or as permitted under subsection (Iii) below; (ii) no vehicle shall be repaired, serviced or rebuilt on any Lot (except within an enclosed garage) or upon the Roads; and (iii) nothing shall be parked on the Roads except in such parking areas as may be designated by the Board or as designated by the County if the roads are dedicated. The Board may remove, or cause to be removed, any unauthorized vehicle at the expense of the owner thereof in any manner consistent with law. The provisions of this Section 4.4(h) shall not be deemed to prohibit commercial and construction vehicles, in the ordinary course of business, from making deliveries or otherwise providing service to or within the Property. (h) Lights. No spotlights, flood lights or other high intensity lighting shall be placed or utilized upon any Lot which in any manner will allow light to be directed or reflected on any other Lot, except as may be expressly permitted by the Association Rules or the applicable Design Guidelines. (i) Antennas. No radio, television or other antennas of any kind or nature, or device for the reception or transmission of radio, microwave or other similar signals, shall be placed or maintained upon any Lot except as may be permitted by the Association Rules or in accordance with the Design Guidelines, Declarant and/or the Association may erect an aerial or other apparatus for a master antenna or cable system, should any such Pualani Kona 10-9-03 Page 10 22594-174/282690.9