WAILEA GOLF ESTATES
SCHEDULE OF FINES

I. Amount of Fines.

A. First Offense - A written citation or documented verbal warning given or sent to owner. If the owner fails to take appropriate action to remedy the violation within the time limitations andrequirements described at Declaration Section 12(d), then the fines described in B – E below shall be imposed as follows:

B. Second Offense – If the owner fails to remedy the violation within the 15-day period or fails to commence remedying the violation within the 15-day period if the violation cannot be reasonably remedied within the required 15-day period, then a written citation or documented verbal warning given or sent to owner and a $500.00 fine assessed against the owner.

C. Third Offense – A written citation or documented verbal warning given or sent to owner and a $1,500.00 fine assessed against the owner if the owner continues to fail to cure the original violation within the time periods prescribed by Declaration Section 12(d).

D. Fourth Offense – A written citation or documented verbal warning given or sent to owner and a $2,500.00 fine assessed against the owner if the owner continues to fail to cure the original violation within the time periods prescribed by Declaration Section 12(d).

E. Fifth and Subsequent Offenses – A written citation or documented verbal warning given or sent to owner and a $200.00 fine assessed against the owner and notice to the owner that additional fines of $200.00 per day will continue to accrue until the original violation is remedied. If the violation is not remedied within 30 days after the $200 per day fine is imposed, the fine will increase according to the following schedule:

After 30 days of $200 per day fines- increased to $500 per day

After 30 days of $500 per day fines- increased to $1,000 per day

After 30 days of $1,000 per day fines- increased to $2,000 per day

II. Violation of minimum rental period (six months).

A. First offense – a written citation or documented verbal warning given or sent to owner that a $10,000 fine will be assessed against the owner per occurrence. If the violation is not remedied within three (3) days then the fine will increase according to the following;

B. Second and subsequent offenses - a written citation or documented verbal warning given or sent to owner with a minimum $10,000.00 per occurrence assessed against the owner and a $1000.00 per day fine or other amount as determined by the Board assessed against the owner for each additional violation.

C. Continuous Violations - in the event of continuous violations of the short-term rental prohibitions, the Board may elect to report the violations to the appropriate governmental authorities for investigation through its agents and representatives.

III. Citations.

Each citation issued shall briefly describe the nature of the violation; date of the violation, the Lot number; and name of parties involved, if known. The original citation shall be delivered to the owner who shall be responsible for payment of any applicable fine. If the owner is not an occupant of the Lot, then a copy of the citation shall also be delivered to the occupant; however, this shall not be deemed a waiver of the owner’s responsibility for payment of any applicable fine.

IV. Payment of Fines and Liability.

As provided by Declaration Section 12(d), unless and until paid, any fine imposed as provided in these Resolutions shall be construed as a sum owed by an owner under the Declaration and as a continuing and perpetual lien and charge upon the fee simple title to such owner’s Lot and upon the owner’s interest in such Lot subject to foreclosure as provided in Declaration Section 7(h).

V. Appeal of Fines.

Any citation or fine may be appealed as provided in this subsection.

A. Within thirty (30) days of the date of a citation or fine, an owner may appeal to the Board by delivering a written notice of appeal to the Board. A date for hearing the appeal will be set and the owner will be notified.

B. If an appeal is made to the Board, the notice of appeal must contain a copy of the citation, a statement of the facts of the offense, the reason for appeal, the names and addresses of any witnesses, and copies of any proposed exhibits.

C. The Board may reduce, suspend or cancel any citation or fine after consideration of the appeal. The Board shall deliver a written decision to the owner within sixty (60) days of the receipt of the notice of appeal.

D. Pending issuance of a written decision in response to an appeal to the Board, an owner need not pay a fine and no lien shall be imposed on the owner’s Lot. However, unless the Board votes to reduce, suspend or cancel a citation or fine, filing a notice of appeal shall not halt the accrual of any ongoing interest or late fees or affect the Board’s ability to levy fines for the same offense or a new violation.