House Rules and Procedures Handbook

Any person or business authorized to act on behalf of any owner who has provided the MSS with evidence of that authority.

All the owners of the MSS condominium MSS acting as a group in accordance with the Declaration and By-Laws of the AOAO and Chapters 514A and 514B, Hawaii Revised Statutes.

Railed areas outside slider doors of units on the 2nd, 3rd, and 4th floors.

The representative of the AOAO in all matters relating to the operation of MSS.

The individual responsible to run the day-to-day operations of the MSS complex and enforcing the governing documents of the AOAO, including board policies and house rules.

Any person who occupies an apartment at MSS for more than 72 hours but less than 30 days in any one calendar year, at the invitation of an owner/resident, and who is registered at the office. (Guest may wander property unescorted)

The offense of harassment includes: the intent to and act that harass, annoy, or alarm any other person, physical contact, insults, taunts, or challenges another person to a fight; repeatedly makes telephone calls, facsimile, or emails, after being advised by the person to whom the communication is directed that further communication is unwelcome. Threats include threats by words or conduct, to cause bodily injury to another person or to damage property of another or to cause the evacuation of a building. Assaults include causing pain or injury to another person by verbal or physical force or with an object as a weapon. The foregoing definitions include any legal definitions as applicable.

A rule adopted by the BOD in accordance with the MSS Declaration and By-Laws that generally prescribes a mandatory principle governing conduct or action by owners, residents, guests, tenants, and visitors to MSS.

Walled patio areas outside slider doors of units on the 1st floor.

The firm retained by MSS for management.

Any person lawfully occupying an apartment for any period of time, whether or not otherwise defined as an owner, tenant, lessee, guest or visitor.

The MSS’s business office.

The legal owner(s) of an apartment.

The entire condominium MSS, consisting of apartments and common elements.

All persons occupying an apartment at MSS who are not guests or visitors and whose names are on the ownership documents or rental or lease agreements for the apartment.

Balconies that have been enlarged by moving wall back into interior living space.

Someone staying in a unit without the owner/tenant overnight up to 180days. Due to transient accommodation law

Open edge of building foundation outside slider doors of units on the 1st floor

All persons who are not residents or guests, and include service or trade representatives and contractors called by a resident or agent.

Open railed area outside front doors of units on the 2nd, 3rd and 4th floors that provide passage to stairwells, elevators and other units.

1. The purpose of these House Rules is to protect all occupants from annoyance and nuisance caused by improper use of the  condominium apartments and also to protect the reputation and desirability thereof by  providing maximum enjoyment of MSS.
2. The full authority and responsibility of  enforcing said rules may be delegated to a Managing Agent or Operations Manager by  the Board of Directors of the MSS. All occupants, tenants and their guests/visitors shall be bound by these rules and by standards of reasonable conduct whether covered by these rules or not.
3. The MSS has adopted these House Rules according to the MSS By-Laws. These House Rules supersede all prior versions. The Board of Directors may amend these House Rules at any time as provided for in the By-Laws of the MSS.
4. Owners are responsible for the conduct of their tenants, renters, guests and visitors. Upon receipt of written notice from the Board of Directors or Managing Agent, Owners shall comply with these House Rules and the MSSs’ By-Laws, whether to remove a prohibited structure or condition, or remove occupants or their visitors.
5. Infractions of House Rules are subject to citations and fines. Owners or residents who disagree with the way an issue is handled may send their concerns in writing to the Board of Directors by mail to the MSS office address or by e-mail and include the date, time, incident and disagreement involved.
6. Complaints and suggestions regarding MSS shall be made in writing to the Board, Manager or Managing Agent.
7. Each owner shall be provided one copy of the House Rules, as revised, at no charge. Additional copies are available at nominal cost from the Office. Each owner
   or owner’s authorized agent is responsible for providing a copy of the House Rules
   to any person occupying the owner’s apartment.

1. The Board of Directors’ authority to establish rules pertaining to MSS is contained in the following documents:
   1. Chapters 514A and 514B of the Hawaii Revised Statutes, entitled, “Condominium Property Act,” are the basic condominium laws. Importantly, among other things, they provide that all persons who enter upon and use MSS must comply with the provisions of the Declaration, the By-Laws, the House Rules and other lawful determinations of the MSS (collectively, “MSS Documents”).
   2. The MSS By-Laws provide that the Board of Directors may, from time to time, adopt, modify, amend and/or revoke in full or in part, Rules and Regulations as it may deem necessary which are binding upon all residents and all persons who use the MSS
   3. MSS By-Laws provide that the Board of Directors may enforce monetary penalties for violations.
   4. These Rules and Regulations supplement and are in addition to the MSS Documents governing the use of the Condominium residences and the common elements of the MSS
2. Additional rules applicable are:
   1. Federal and State of Hawaii Fair Housing Acts (“FHA”). None of the provisions of the MSS documents are intended to be in conflict with FHA. The Board will at all times comply with said Acts when acting upon requests by handicapped persons to make reasonable modifications, at their cost, to apartments and/or to the common elements of the MSS facilities if the  proposed modifications are necessary for their full enjoyment of MSS
   2. Landlord Tenant Code (Chapter 521, Hawaii Revised Statutes) as between owners and their tenants and the Real Estate Licensing Law (Chapter 467, Hawaii Revised Statutes) as may be required by the Condominium Property Act.

1. Pursuant to Hawaii Revised Statutes Chapter 515, Title VII of the Civil Rights Acts of 1968 as amended by the Fair Housing Amendments of 1988 and our nondiscrimination policy, MSS does not discriminate on the basis of race, sex, color, religion, marital status, familial status, ancestry, disability, age or HIV (human immunodeficiency virus infection) in housing or real estate transactions. It is our policy to extend to all individuals the full and equal enjoyment of the advantages, facilities, privileges and services consistent with Hawaii and Federal laws. When providing services and facilities or enforcing the rules at the MSS, the MSS will not treat any person unequally:
   1. In granting or withholding any approval or consent required under the MSS’s rules.
   2. In enforcing requirements of the MSS rules about occupancy restriction or use of the recreational facilities so as not to discriminate against families and any other persons in violation of law.
   3. In connection with requests of disabled occupants or visitors of the MSS to have a certified guide dog, signal dog or other certified animal required because of the occupant’s or visitor’s disability or  otherwise allowed by law: except that if the animal(s) becomes a nuisance to others, they will not be permitted at the MSS and will have to be removed at the request of the Board of Directors.
   4. Under the FHA, disabled occupants: (i) must make approved reasonable modifications to an apartment or the common areas and remove the same when they move out of their unit all at their own expense; and (ii) shall have reasonable exemptions from the MSS Documents to enable them to have full use and  enjoyment of the MSS. The Board will suspend any requirement of the MSS rules which, if enforced, could result in unlawful discrimination.

1. Employees of MSS, whether directly hired by MSS or contracted personnel, shall not be subjected by an owner, occupant or guest/visitor to: harassment, interference with official duties, threats, and/or assault.
2. Threats of violence and/or any physical or verbal assaults toward management, staff, or Board of Directors of MSS is prohibited and will NOT be tolerated and may be subject to fines and legal action and/or eviction.

1. Physical fights, acts of domestic violence or any type of physical or verbal assaults are prohibited at all times and may result in the eviction of the resident(s) creating these problems and fines.

1. An operations officer located at the main entrance is available 24 hours a day. An operations officer patrols the “common area” and is empowered to enforce the Rules and Regulations of the MSS but is not authorized to become involved in incidents of a purely private nature which does not amount to a violation of the MSS Documents.
2. If Operations assistance is needed, call the Operations Station at 696-6990. If an emergency occurs, the appropriate agency (e.g. the Police Department, the Fire Department, and ambulance service) should be called directly at 911.
3. Any emergency that could affect the MSS facilities such as flooding, fire or theft, should be also brought to the attention of Operations Manager as soon as possible.

1. Apartment owners shall not use the apartment for any purpose that will injure the reputation of MSS; and shall not permit anything to be done or kept in the apartment or elsewhere on the Premises that will interfere with or unreasonably disturb the rights of others, or that will reduce the value of MSS.
2. The apartments at MSS are intended mainly for residential purposes. Conducting a business within or from an apartment is prohibited if (a) its existence is apparent by sight, sound, or smell from the exterior of the apartment; (b) it is not in conformity with zoning requirements; (c) it involves persons coming onto MSS who do not reside at MSS; (d) it causes any increase in any MSS insurance obligation; or (e) it is a nuisance, hazardous, or otherwise offensive or inconsistent with the residential character of MSS.
3. Owners shall be responsible for designating a local agent to represent their interest if their residence is outside of Hawaii or if they will be absent from the apartment for more than 30 days. Such owners shall file with the Manager their out-oftown address and telephone number and the telephone number of their agent. An owner’s registration form is available for this purpose at the Office.
4. The number of persons residing in an apartment shall not exceed the maximum allowed by law. (HUD guidelines and Honolulu Housing Code) Guidelines for unmodified Units (no extended kitchens and balconies that have not been extended) at MSS. Units that have been modified can have their occupancy level reduced.
   1. For Studio units maximum 2 occupants.
   2.  For one-bedroom units 4 occupants.
   3. For two-bedroom units 8 occupants.
5. An apartment owner or tenant shall be responsible for the conduct of his/her family, tenants, guests and visitors at all times, ensuring that their behavior is neither offensive to any occupant of MSS nor damaging to any portion of the common elements.
6. Any use of the apartments or conduct of occupants which would increase insurance premiums or impact upon insurance coverage is prohibited. Any increase in premiums caused by the conduct of occupants of a unit will be charged to the owner of that unit.
7. Soliciting of goods or services, or dispensing of handbills or religious tracts, is not permitted on the Premises.
8. Front doors may be left open when unit is occupied.
9. Storage and use of fireworks, explosives or hazardous or noxious materials are NOT ALLOWED on the Premises at any time.
10. In the event of an emergency, the Manager has the authority to enter units with a member of Operations as necessary to prevent or contain problems threatening property damage or personal injury. Under no circumstances should the Manager or any MSS employee enter a unit alone.

1. Subject to the terms of the By-Laws of the MSS and other governmental restrictions including zoning codes, an apartment owner may lease his apartment or make it available to friends. All persons leasing, renting or living in the apartment shall abide by these House Rules.
2. Rental fee for storage of Kayak/Surfboard racks located in A and B building will be $10.00 per month per rack or $100.00 per year per rack.

1. The driver of a vehicle without a valid parking decal or placard wishing to enter onto MSS will be required to produce a valid driver’s license and proof of current  insurance, state registration and a safety check for the vehicle. Persons with a rental vehicle will be required to produce the rental agreement for the vehicle. Any other persons wishing to enter onto MSS will be required to produce proof of identification.  Electronic transmission (by e-mail or fax) of documents is permissible whenever practical. Fax numbers: 808-696-7871 (Office) or 808-696-6966 (Sec).
2. The roofs of all buildings are strictly off limits.

1. No authorization will be given to any prospective tenant to enter MSS unless accompanied by an authorized person such as the rental agent, the owner or caretaker.
2. All residents, owners or agents expecting guests/visitors shall make prior arrangements with the Office or Operations guard station to authorize entrance to a specific unit.
3. If registered occupants are absent, written authorization (form available at Operations guard station) must be submitted to the Office or Operations guard station. Electronic transmission (by e-mail or fax) of written authorization is permissible. GUESTS WILL BE DENIED ENTRY IF THIS PROCEDURE IS NOT MET. Fax numbers: 808-696-7871 (Office) or 808-696-6966 (Sec).

1. Guest(s) who are on the Premises are required to be registered at the office. Registration requires a signed authorization form from the owner/agent who shall be responsible for the guest(s). (See section K)
2. Owner/agent will be responsible for the conduct and actions of their guests. Guests are allowed access to all common grounds without escort by the resident or owner.
3. Upon entry, all visitors must register at the Operations Guard station at the entrance of MSS by showing a valid ID to obtain a visitor pas. Visitor visitation times are between 7:00 AM and 11:00 PM.
4. Owner/agent shall be responsible for the conduct of the visitor(s) while on property
5. A visitor entering the property at the invitation of a resident will not be permitted entry unless the residing resident is on the property and specifically authorizes the visitor’s entry. When a visitor comes to the operations guard station at the entrance of MSS, the resident to be visited will be called to approve entry.
6. ALL VISITOR PASSES WILL BE RETURNED ON FINAL EXIT FROM THE PREMISES ON A DAILY BASIS. There will be a charge of $20.00 PER UNRETURNED LAMINATED PASSES/ WRISTBAND and this will be assessed against the owner/resident. Daily visitor passes must be returned by 11:00 PM and overnight passes by 12:00 noon the following day.
7. Overnight stay is limited to two nights per week, per person. The visitor must be authorized by the owner or tenant.
8. Management will not honor blanket standing authorizations for visitor entry from residents. With prior written authorization from owners, tenants or managing agents, management will permit entry to contractors, cleaning people, and real estate agents, and guests or caretakers occupying an owner’s apartment while the owner is absent.
9. Unaccompanied visitors are not permitted to roam the property, use the recreational areas or other common facilities.

1. Any person (i.e. owner, tenant, visitor, or guest) who intends to remain at MSS for more than three (3) days must register with the Office within two (2) working days of the commencement of their occupancy. Any person who intends to occupy a unit for more than thirty (30) days shall obtain and review the House Rules.  Questions about the House Rules may be directed to the Office.
2. Owners and Agents are responsible for ensuring that their tenants and guests register with the Office. Registration can be done in person at the Office or with Operations (after hours only) or via electronic submission of the necessary authorizing documents to the Office.
3. To register, a registration form shall be completed and submitted to the Office with a copy of the rental/lease agreement or other document evidencing the right to occupy the apartment prior to occupancy. It is the owner’s and agent’s responsibility to issue to the prospective occupant:
   1. Copy of the HOUSE RULES.
   2. Resident Registration Form (This form is available at the Office. A blank copy is attached in Section K of this document.)
4. Occupants shall sign the House Rules agreement, thereby acknowledging the House Rules and agree to abide by them.
5. At the time of Registration, A $75 one-time non-refundable move-in/administration fee will be imposed; Paid by check or money order payable to MSS. This fee is intended to cover on-site management’s time for account maintenance, registration, common area preparation, and defer collective general “wear and tear” on the property generated by moving activity.
6. Owners and Agents are to provide the Office with a copy of each new rental agreement or lease for MSS records. A four dollars ($4.00) fee is charged for reproduction costs if a copy is made by Office.
7. Owners and tenants using a parking stall that is not appurtenant to their apartment shall provide the Office with their names and other relevant information as soon as practicable.
8. Whenever possible, electronic submission (by fax or e-mail) of documents in advance is recommended for convenience, to save time, and to minimize congestion at the Office. Fax numbers: 808-696-7871 (Office) or Email Makahasurfside@hawaiiantel.net

1. Security FOB keys for exterior gates and other recreation areas may be purchased from the Office at a cost of $50 for each key in addition to the original two (2) keys issued for each unit.
2. The fee to replace a lost or damaged FOB key is $20. They may be purchased by owners, registered agents, or residents with written permission from either the owner or registered agent. All keys are numbered for security control and affidavit of loss must be signed. No Charge for exchange of key if no visible damages.
3. If a resident/owner lends his/her FOB key to anyone else, his/her FOB key will be turned off and there will be a reactivation charge.
4. Owners and agents are responsible to provide the FOB keys to tenants. Climbing over security fences to enter or exit the Premises strictly prohibited (Beach gates are chained between 10 pm and 6 am).

1. Dates and times of Move-In/Move-Outs and impending deliveries should be scheduled with the Office. The Office should be notified forty-eight (48) hours before a resident plan to move into or out of an apartment. The requirement applies whether or not furniture, appliances, or other items will also be moved into or out of an apartment.
2. Prior to moving in, each tenant must present a copy of his/her lease agreement to the Office. When moving out, residents must check out with the Office and return any parking decals that have been issued.
3. When moving in or out and will use the elevator, please see security for elevator pads. Any damage to MSS caused by moving furniture or other personal effects in or out of MSS shall be repaired by the MSS at the expense of the owner or persons involved.
4. Moving into and out of an apartment is permitted from sunrise to sunset.
5. Residents shall not expect or request management or employees to accept mail, deliveries or keys.
6. If residents are evicted from any unit at MSS the Board may ask the court to prohibit said persons from renting another unit at MSS without prior BOD approval.

1. In the event of a lock-out, only occupants properly registered shall be permitted to have their doors unlocked by a licensed locksmith.
2. Owners are responsible for the conduct and behavior of tenants, their guests/visitors. Owners shall comply with requests from Office or Operations to take action respecting the conduct of said persons or others occupying their unit(s). If the conduct and behavior of the person(s) constitute a disturbance or nuisance to others, the Office or Operations with the advice and consent of the BOD may use such reasonable means as necessary to have the offending person(s) removed from MSS.

1. An “open house” to show an apartment for sale is to be held between the hours of 1:00 pm and 5:00 pm. Plans for a showing must be registered with the Office twentyfour hours in advance, and must include the apartment number and the name and telephone number of the agent or owner who will be present to show the apartment.
2. No real estate signs, whether directional or informational, may be posted or attached to any common area wall or landscaping. Real estate, open house signs may be posted at the entry gate, providing, they do NOT obstruct the view of traffic. Operations staff will direct visitors to the open house that has been registered with the Office. Other signs are prohibited unless posted by the Office.

1. Each registered vehicle will be issued a parking permit, which will allow that vehicle to be brought onto and parked on MSS. The permit is either a parking decal or a temporary parking permit which shall be placed on the lower side of the front passenger window while on MSS.
2. Motorcycles will be issued one decal to be placed on the front fender or steering post. Motorcycle decal cost is ten ($10) dollar deposit. Instructions for other types of vehicles will be determined when the decal is issued.
3. Parking decals may only be obtained from the Office for a deposit of twenty-five dollars ($25). The deposit is required when the decal is issued to ensure that the decal is returned when required under these House Rules. The decal must be returned to the Office if the resident moves out or if the vehicle is sold. The deposit will be returned by mail in approximately two (2) weeks upon surrender of the vehicle decal.
4. If a rental apartment, a new decal will be issued only if the decals assigned to the previous resident have been returned. If the decals were not returned, the owner or
   rental agent must acknowledge that the deposit on the previous resident’s decal is forfeited and shall be responsible to his/her previous tenant for the same, if applicable.
5. Temporary parking permits (up to 30 days) may be obtained from Operations staff.
6. Prior to obtaining a decal or temporary parking for a SECOND VEHICLE, an additional stall must be secured. This applies only if both vehicles will be parked on MSS at the same time.
7. Owners and/or Residents may rent out their parking stalls. Written notification to the Office is required; however, approval from the General/Manager is not required.

1. Inoperable, unlicensed and/or uninsured vehicles shall not be kept or stored on MSS. EXCEPTION: Owners who do not rent their units and keep vehicles for
   personal use and who notify the Office if the insurance, safety check, or registration will expire during their absence may keep their vehicles in their stall until they return at which time the decal (which shall be deemed expired during their absence) will be renewed. Parking decals remain the property of the AOAO may be revoked.
2. Visitor parking is limited and is based on space availability. Residents, agents, and owners having frequent and excessive number of visitors, at the Office’s discretion, must have their visitors park off MSS or rent an additional stall to alleviate possible congestion.
3. Vehicles shall not exceed the speed of five (5) miles per hour while driving through MSS.
4. Vehicles with loud mufflers and or engines will not be allowed on the MSS. All vehicles are to be started, idled and operated in a manner not to disturb or annoy anyone.
5. Emergency minor repair and rinsing a car with a bucket of water will be allowed. Major auto repair, washing autos with a hose or painting of vehicles IS PROHIBITED on MSS.
6. Vehicles parked in stalls not assigned to them should be reported immediately to Operations, so that the unauthorized vehicle may be either impounded or towed away. Unauthorized vehicles parked on the common elements or in wrong stalls, shall be impounded or towed away at the expense of the car owner and/or apartment owner who is responsible for the acts of the car owner.
7. The owner and person authorized to occupy a parking stall are responsible for keeping it clean and free of rubbish, oil and grease. The use of sand, paper, cardboard, carpet, lumber and any other objects to contain vehicle leakage is prohibited. Only designated oil drop pans (approved by Management) may be used, otherwise vehicles that leak shall not park in parking stalls and must be repaired before parking privileges may be resumed. Oil drop pans shall not be left in the parking stall when the stall is vacant.
8. Parking in stalls in front of the lobby area is limited to fifteen (15) minutes, unless permission is granted by the Office. Any vehicle that has been parked and unmoved for longer than fifteen (15) minutes may be towed at the driver’s and owner’s expense.
9. All vehicles parked on the ocean side of the parking garage (closest to the B-building units) must not be backed into their parking stalls due to problems of noise and exhaust pollution.
10. Stalls are for vehicles and not to be used for any other purpose such as storage for furniture, big boxes, remodeling material or wastes from units, personal objects, tools, etc. with exception of trailers on A & B parking level.
11. Vehicles shall park only in the stalls assigned to the unit, unless authorized otherwise. Vehicles must be parked properly centered in the stall, unless the owner/resident owns or rents side by side stalls they may park in uncentered. 21.Owners/Agents are responsible for the removal of vehicles remaining on the Premises owned by their residents who have vacated the apartment.
12. Valid Handicap placard from any state is expected.

1. Two propane powered BBQ grills are provided for residents’ convenience. The BBQ grills are available for resident use on a “first come, first serve” basis. People must pay a $3.00 fee per tank to use a MSS portable propane tank (this covers the cost of getting the tank refilled). The use of MSS propane tanks should not exceed 2 hours.
   
   WARNING: For safety reasons, propane tanks are not to be stored in apartment units or anywhere on the property.
2. The BBQ grills and surrounding areas must be cleaned by the resident/owner after each use.
3. The BBQ grills will not be used between 9 p.m. and 8 a.m. daily.
4. Alcoholic beverages in the BBQ/Picnic areas and pool areas are prohibited and the MSS does not assume nor accept any responsibility for any individuals under the influence of liquor. Coolers are prohibited from containing alcoholic beverages in the common areas. Coolers not containing alcoholic beverages are permitted in the picnic areas only.

1. Use of the swimming pool and showers is limited to apartment owners, residents and members of their family and guests. The number of allowable guests is limited as follows:
   1. 6 Persons
2. Pool hours: 9 a.m. to 10 p.m. Lap swimming ONLY for A pool from 9am to 10am and 2pm to 3pm.
3. No LIFEGUARD ON DUTY, USE AT YOUR OWN RISK AND BE RESPONSIBLE FOR YOUR ACTIONS.
4. All persons shall comply with the rules posted in the pool area. Bathers must shower (located alongside the pool area), each time before entering the pool.
5. Non-alcoholic beverages carried in unbreakable containers or cups may be consumed in the pool area. GLASS CONTAINERS ARE PROHIBITED. No glass bottles or food allowed. All persons entering any of the pools must wear clean and appropriate swim wear. Street shorts, gym shorts or NUDE BATHING is prohibited. Only garments designed as swimwear are acceptable attire while swimming in the pool although white tee shirts are acceptable to wear over a swimsuit. Appropriate cover-up is required over bathing suits outside the pool areas.
6.  Persons with long hair (longer than shoulder length) must bind hair or use a bathing cap. Hairpins and hair ornaments/objects are not allowed.
7. Furniture other than that provided by the MSS will not be used in the recreation or pool area. AOAO furniture cannot be removed from this area.
8. Only U.S. COAST GUARD approved safety devices/life jackets are permitted in the pool. All other floatation devices, toys and balls or alike are not allowed.
   1. No noodles
   2. No hardballs (such as tennis balls), footballs ETC
   3. No kickboards
9.  Horse play, running or excessive splashing of water is not allowed in the pool or surrounding area.
10. Jumping or diving or bombing into the pool is not allowed.
11. Swimming pool gates will be locked at all times upon entering or exiting the pool area.
12.  No underwater breath hold training.
13. All pool policies will be ‘age neutral’ and applied to all persons equally.
14. All children that are not bathroom trained must wear plastic diapers under their swim suits.
15.  Persons with skin disease, sore or inflamed eyes, nasal or eye discharges, or any infectious or communicable disease shall not be permitted in the pool.
16. Spitting, spouting of water, nose-blowing, urinating and defecating in the pool are prohibited. Residents found in violation of contaminating the pool will be fined and liable for all expenses incurred and for the down time to correct the situation.
17. If you see lightning and/or thunder, do not stay outside. Go indoors immediately. MSS security will close the pools during thunder and lightning.
18. Animals/pets are NOT allowed in the pool.
19. Radios, musical instruments, conversations, ETC. Should be kept low enough as to not disturb others.
20. The swimming pool is for the enjoyment of all residents. Management is authorized to deny use of these facilities to anyone who fails to abide by these rules.

1. Use of the swimming pool and showers is limited to owners, residents, and members of their family and guests.
2. Operating hours are from 9 a.m. to 10 p.m. and proper signing in for weight/sauna room is required at Operations guard station.
3. WARNING! USE OF THE SAUNA CAN BE DANGEROUS. Because of the high heat (180º+F), use of the sauna carries an inherent risk of hyperthermia (overheating) and excess fluid loss. Users should remain in the sauna only for a short time (20-30 minutes) and be alert for symptoms of overheating and dehydration, such as faintness, breathing difficulties, dizziness, or nausea. Older individuals, individuals with high blood pressure, heart disease, respiratory disease, and similar disorders, pregnant women, and persons taking prescription and overthe-counter medications should consult their physicians regarding sauna use.
4. Persons under the age of eighteen (18) years of age and others of small body mass should not use the saunas due to the risk of overheating and excess fluid loss. Parents, guardians and other persons with children in their care are solely responsible for the safety and conduct of the children and are expected to use reasonable judgment in determining whether the children may safely use the sauna.

1. An owner who was keeping a pet in their unit before 9 February 2018 may keep one pet in their unit as long as they reside in the unit and own their unit. If the owner sells and moves out of the project and later purchases another unit, they are excluded from keeping an animal.
2. Any tenant that was keeping a pet in the tenant’s apartment before 09 February 2018, may keep one animal only if they have a current lease and until that lease expires and with approval of the owner of the apartment. Upon the death of the animal, they may not replace the animal with another. If there are continuous violations of the MSS pet policy, MSS may remove the pet from the project and the tenant cannot replace the pet with another animal.
3. Tenants or owners who are persons that are handicapped as defined in Chapter 515, Hawaii Revised Statutes, and who do not have an equal opportunity to use and enjoy apartments or the common elements on account of such handicap or disability, may be permitted to keep animals as a reasonable accommodation when such accommodation is necessary to afford the person with such equal opportunity; provided that such persons:
   1. provide such information as is necessary to establish that the person is disabled, if the disability is not apparent from a licensed medical professional who has seen and treated the individual in the last six months;
   2. provide such information as is necessary to establish the need for the use of the animal to afford the person equal use and enjoyment of the housing, including but not limited to a report from the person’s treating physician, psychiatrist, psychologist, other mental health professional, or social worker to establish that the animal provides support and alleviates at least one of the symptoms or effects of the person’s disability. The licensed health professional must have seen the animal and the individual in the last six months.
4. Location Restrictions -Pets are prohibited from the common areas except while in transit to exit the project while being carried by the registrant or on a leash no longer than a 6 foot and under the control of the registrant. No retractable leashes shall be used in the common areas. While in transit, dogs are to be muzzled if not being carried by the registrant. Pets are not allowed in elevators unless they are held in the arms by the registrant. Pets are not allowed on the landscaping, grass areas and breezeway landscaping.

Note: A doctor’s letter does not guaranty that a reasonable accommodation will be granted.
Note: assistance animals are not pets and should not be treated as pets.
Note: MSS is not an ADA complaint complex and service dogs will be treated as an assistance animal.

BEFORE any asbestos material is removed, the Manager must be notified in writing thirty (30) days prior to its removal. See Office for Asbestos Removal guideline.

1. Repair and maintenance of the interior of an apartment is the responsibility of the apartment owner. All apartments, furnishings, and fixtures located therein shall be maintained in such a manner as to prevent damage to the other apartments or the common elements. (Costs for damages shall be charged back to the unit causing the damage.) (Staff time spent in unit for any maintenance issue such as: Water leaks, Electrical, Air conditioner ETC. will be charged to owner). Please see water leak guidelines.
2. Paint cans, carpeting, carpenter waste, remodeling debris, furniture, appliances, etc., will NOT BE PLACED IN THE TRASH OR TRASH BIN ROOMS OR ON THE
   COMMON AREAS. The owner/agent/contractor or repair persons are responsible for disposal.
3. Water shut off valve: When there is a water shut off in a unit due to a water leak, or a remodel, and drywall has been removed in the bathroom, a water shut-off valve must be installed at the owner’s expense. The installation of the water shut off valve must be done by a licensed plumber and inspected by the Makaha Surfside Maintenance Department.

1. Units that share the same plumbing line and are experiencing back-up problems, WILL SHARE THE COST OF REPAIR IN ACCORDANCE WITH THE PLUMBER’S FINDINGS. Units not affected above or below will not share the costs.
2. Damages resulting from heater bursts or water leaks are the responsibility of the owner of the unit from which the damage originated.
3. Residents must have all leaky plumbing, including toilets, faucets, water pipes or shower stalls, repaired immediately.
4. If there are any electrical or plumbing problems in the unit, the problem must be reported immediately to the landlord or rental agent. If the landlord or agent does not repair the problem, the Office should be notified immediately.
5. Only licensed electrical and plumbing contractors may do any work or repairs to the building and apartments. Hawaii’s Handyman Exemption Law allows for handyman work up to $1,000, however, this does not apply to electrical or plumbing work.
6. As a preventive maintenance, MSS maintenance department will perform annual unit inspection. They will be inspecting all plumbing and electrical.

1. The construction or renovation of any apartment must be done only by a properly licensed contractor, who carries all necessary insurance policies. The Office must be notified prior to the start of any interior renovation construction and be provided with the date(s) and time(s) of construction.
2. No structural changes of any type are permitted except as permitted by and in accordance with the provisions of the Declaration and By-Laws. The Board may require removal of unauthorized work. The Board may inspect any work and may order the removal of any work which has not been approved or which may adversely affect the common elements or the exterior appearance of the MSS.
3. Prior to any interior renovation construction, a written construction application form (provided by Office) must be filled out and signed by the owner. This form must be submitted with the plans or drawings detailing the work to be done and the building permit. The form and plans, once submitted, will be reviewed by the BOD. No construction can begin without the written approval of the BOD.
4. All Contractors must check into the Office the first time they enter MSS to do work. They will receive special instructions from the Manager regarding asbestos containing material location and other building rules.
5. Working hours are between 8:00 a.m. to 6:00 p.m. Monday through Saturday, and no loud noise work on Sundays except in extenuating circumstances subject to Board approval. Contractors must not violate any noise rules. Excessive loud pounding and use of jackhammers are prohibited at all times.
6. Use of harsh chemicals and paints which produce strong offensive odors are prohibited from use in the apartment units.
7. All carpets, appliances, construction material drywall, trash and old paint must be hauled away and not disposed of in any common area. Contractors must take precautions to cover or protect all common areas.
8. Disposal of carpet cleaning solution or washing any paint brushes, cans or painting equipment in the common area is prohibited.
9. Emergency maintenance vendors will be allowed access to MSS at any time 24/7 at the owner’s, agent’s or resident’s request.
10. Construction Violations may result in fines, requirement to remove the unauthorized work and imposition of any other costs incurred by the MSS, including the removal of construction debris, repairs, legal fees, etc.

1. MSS offers Bug spray at a fee of $15.00. We do not spray units with pets and Children. You may contact the onsite office to get your unit sprayed, this is offered Monday-Friday 8am-4pm

1. Enforcement of Declarations, by-laws and house rules
   (a) Fines and Penalties; in the event that any owner or occupant of an apartment, any renter, lessee, or guest, or occupant of an apartment fails to comply with any provision of the Declaration, by-laws, or the house rules and regulations, the Board may, in its sole and absolute discretion impose reasonable fines in such amount and/or penalties of such nature (including the temporary or permanent loss of the use of any common element) as the Board shall determine from time to time and in accordance with procedures established by the Board.
2. The operations manager and MSS property manager are authorized to issue fines, correction notices, and cease and decease orders. The full Board of Directors at its discretion may issue fines, notices and orders. These fines are for the violation of the Declaration, the by-laws, the house rules, MSS standard operating procedures (sop) for installations and repairs, and violations of Hawaii building Code, Hawaii housing code or any other Hawaii regulations that effects the MSS Declaration, by-laws, or the house rules.
3. Citations and notices: Any offending party (including owner, tenant, lessee, licensee, guest and or invitee) shall be given 10 days written notice of the violation he or she has committed and the corrected action needed. If the violation continues after 10 days the owner and offending party shall pay the fine for each day the violation is not corrected. The mailing date or an e-mail date, if MSS has the owner’s permission, of the notice shall constitute the commencement of the 10-day period. A copy of the notice shall be given to the owner regardless if the notice was sent to the owner’s agent.
4. When a warning or corrective notice is not issued; then the Operations Manager or MSS property manager may immediately issue a fine to the offending party each day the violation is not corrected. The Operations Manager may invoke immediate eviction on a tenant, lessee, licensee, guest or invitee for disturbance of peace.
5. Appeal’s Procedure: There is a 30 day right to appeal all violations notices. Grievances may be brought before the BOD by owners or their agents through written appeal to the BOD in care of the MSS property manager or operations manager. The form is available in the MSS office. If the MSS property manager or operations manager does not void the violation then the full board will hear the appeal. The discussion of the board is final.
6. A list of the house rule violations guide lines is listed below