Wailea Golf Estates Landscape Policies

Landscaping Requirements and Restrictions Definition of “View”

A panoramic or uninterrupted view may exist but is not an entitlement appurtenant to any Lot. The direction of a Lot’s principal view is established on the Lot’s Plot Plan and generally includes the direction of the arrow or arrows on a Lot’s Plot Plan along with an additional degree of angle, not to exceed 45 degrees to the right and to the left of the Lot’s Plot Plan arrow or arrows. Provided, however, ultimately, and if necessary, the extent of a Lot’s principal view shall be determined by the Landscape Review Committee (LRC) in its sole discretion taking into consideration the parameters set forth in this paragraph.

General Landscaping Guidelines

The following guidelines apply to landscaping within Wailea Golf Estates and are for the purpose of assisting homeowners in choosing and maintaining trees and foliage consistent with the Declaration of Purpose Regarding Views set forth above.

Landscaping Maintenance

Lot owners shall maintain the landscaping on their property in a neat, clean, and well-kept manner that is consistent with the high quality of the landscaping throughout the Wailea Golf Estates neighborhood. All trees and shrubs shall be maintained in accordance with the height limitations described in the following paragraphs. All landscaping and yard maintenance on any lot is the sole responsibility of the homeowner (including all costs) and shall occur only during the hours between 7:30 a.m. to 5:00 p.m., Monday through Friday, and 7:30 a.m. to 12:00 p.m. on Saturdays. No yard maintenance is allowed on Sundays and on the holidays recognized by the Master Association (i.e., the Wailea Community Association). Yard maintenance by the Owner is permitted outside of these hours so long as any significant noise generated by mechanical equipment, such as lawnmowers, hedge trimmers, chain saws and leaf blowers, is avoided.

Ultimate Tree and Shrub Size

No tree or shrub (including Areca Palms, which shall not be considered a palm tree for purposes of this restriction) located on any lot, with the exception of palm trees, shall exceed the height of the roof ridge line of the home on the lot. Where the height of the roof ridge line of the home on the lot is equal to or lower than the level of the roadway providing access to the lot, however, shrubs may be planted along the lot’s boundary with the roadway to provide privacy for the residence, provided the shrubs shall not exceed a height of four (4) feet or unreasonably interfere with the view from another lot.

Restrictions Regarding Palm Trees

On any single lot, no more than seven (7) palm trees may exceed the roof ridge line of the home on that lot and no more than one grouping of three (3) single trunk palm trees may be clustered together on the lot. Furthermore, any three (3) palm trees clustered together shall not be located any closer than twenty feet to any other palm tree on the lot. These limitations with respect to palm trees shall not apply to “Manila” palm trees, unless in the sole discretion of the Landscape Review Committee, the Manila palm trees on a particular lot are unreasonably and excessively blocking another Lot’s view.

Owners’ Compliance with Landscaping Limitations

Each homeowner is responsible for compliance, at their own cost, with these Landscaping Restrictions.

It is not the intent or desire of the WGE Board or the Landscape Review Committee to police the neighborhood looking for possible compliance infractions. The Board and the LRC will only get involved if there is a reasonable complaint from a homeowner or if an owner’s landscaping is clearly not being maintained at WGE’s Landscaping standards.

If the owner of a Lot believes his principal view is being impaired because the landscaping on an adjacent owner’s Lot is not in compliance with these Landscaping Restrictions then the owner may make a written request for the WGE Board to review the situation.

If the Board agrees that the request is reasonable, it will ask the LCR to review the situation with the owners involved and to make a recommendation to the WGE Board regarding a resolution. The Board will notify the complaining owner of its finding and recommendations within 30 days.

If action is necessary, the WGE Board will authorize the Landscape Review Committee to notify the homeowner that their trees and shrubs are out of compliance and also provide its recommendations as to how best achieve compliance.

A homeowner that is out of compliance with the Landscape Restrictions will have 30 days from notification from the LRC to commence work on remedying the situation. The work shall be completed in a timely manner. If after 30 days from notification, the work to bring the trees and shrubs into compliance has not commenced, or the work has not been completed in a timely manner, the LRC shall notify the Board and the out-of-compliance owner of that owners’ failure to comply with the LRC’s recommendation. Upon receipt of such notice from the LRC, the WGE Board is authorized to take whatever action it deems appropriate. The Board’s decision shall be final and binding upon the owners involved. If the out-of-compliance owner fails to comply with the Board’s decision, the Board shall initiate the fining procedures established pursuant to Section 12 (d).

There may be isolated instances where an owners landscaping, although in compliance with the above restrictions, may be unreasonably and excessively blocking a neighbor’s principle view. In these rare cases, the Board, at the recommendation of the LRC, may require the complaining owner to assist in paying for all or part of the costs to remedy the situation.

Landscape Review Committee

The Landscape Review Committee (LRC) shall have a minimum of five voting members, at least one member representing each of the roughly five elevation levels in Wailea Golf Estates and one non-voting member who also shall be a member of the Board and who shall serve as chairperson of the LRC. The non-voting member may cast a vote in the case of a tie vote among the voting members. The LRC shall operate as a committee of the Board. The purpose of the LRC is to review landscaping issues, owner’s principle views, and complaints of noncompliance with regard to WGE Landscape Limitations.

The Landscape Review Committee will attempt to resolve issues between owners in a friendly manner; however, if a friendly agreement cannot be achieved then the LRC is required to recommend an appropriate course of action to the Board. The LRC will balance the need to enforce reasonable principal views with all owners’ rights to the quiet enjoyment of their Lots.