Kauai The Garden Island

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The following  Rules and Regulations have been established by your Board of Directors pursuant  to

the Declaration of Conditions, Covenants and Restrictions (“Declaration”) for Owners of the Pono Kai Interval Owners Association at the Pono Kai Resort and were adopted by your Board of Directors as amended on April12, 2002 and supersede any previously  distributed Rules and Regulations.   These Rules and Regulations supplement your Declaration and do not change your obligations as an Owner under either the Declaration  or other Governing Instruments.   The Board of Directors shall have the sole and exclusive authority to amend these Rules and Regulations. Failure to comply with the Rules and Regulations may result in the suspension of your rights and privileges as an Owner.

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Reservation of use periods may be made by Owners of the Po no Kai Interval Owners Association up to twelve {12} months in advance of desired use, and shall be made no less than {14} days prior to the beginning of the desired use period.



ALL Owners must make a reservation in order to use a unit. For all Owner Reservations, including PSE exchanges, Bonus Time and Holiday reservations, please call 770/698-3549 between the hours of 8:00AM and 9:00 P M EST, Monday through Friday or sent via email to www.pohakuresortmanagement.com    All requests will be considered on a first-come, first-serve basis, and will be confirmed by the Reservations  Department on a space available basis.


All reservation requests shall include a first  and second choice of use periods, intended arrival dates, intended departures dates and the number of adults and children who will be occupying the particular  unit.

Requests must be made in person, by telephone, or by email, and are subject to confirmation by the Managing Agent.



For each regular timeshare interval owned, you are entitled to reserve a maximum of seven (7) consecutive nights in your season and unit type in each calendar year (comprised of the weeks commencing on either a Wednesday or a Saturday from January 1 through December 31}.




As a member of the Preferred Status Exchange, you may “split” the use of your vacation week.

Please refer to your resort exchange directory for split restrictions of that program.


You will be assigned a Unit of the same type and in the same Season that you own unless you request an upgrade.  As a member of the Preferred Status Exchange, you may upgrade your unit type and/or season.  Please refer to your resort exchange directory for  upgrade restrictions of that program.



As a member of the Preferred Status Exchange, you may carry-over your week .  Please refer to the resort exchange directory for  carry-over restrictions of that program .



You may cancel or change your reserved use period  up to 91 days prior to check-in, but will be charged a cancellation fee.  If you fail to cancel your reservation at least 91 days prior to check-in time, you shall be considered to have used the entire use period for  which the reservation was made.  The Association  will make every effort, but cannot guarantee that you  will be able to reserve another use period  in your current calendar year .



Reservation requests must be confirmed by the Reservations Department before being valid .  If neither of the two (2) choices requested by an Owner can be confirmed due to unavailability, such requesting Owner shall be so notified, and will be asked to contact the Reservations Department, either by telephone, or in writing, for  information concerning available use periods.

Confirmations will be given by the Reservations Department to Owners by mail, or when time is limited, by telephone, fax  or email.

You may be prevented from  securing a confirmed reservation if a unit of the same type as yours is not available for  use at the time sought because that time was previously  reserved for  regular use by another Owner.

Your reservation request will not be confirmed, nor will occupancy or an assigned unit be permitted,  if you are delinquent in payment  of any amounts owed to the Association or if your use rights have been suspended by the Board of Directors .



Subject to availability, an Owner may be entitled to occupy a unit of any unit type or season during one or more additional time periods, for not less than two (2) nights, as Bonus Use. Bonus Use may be available if time has not been otherwise reserved. Reserved Bonus Time cannot be rented by an Owner to a guest.



Bonus Use reservation requests will be considered if received 60 days or less in advance of the first  night of the reserved visit.



Reservations for Ban us Use shall be on a first-reserved, first-served  basis.  You may reserve Bonus Usefor a minimum of two (2) nights, at a nightly rote established by your Boord of Directors. Follow the same procedures for making reservations as described in 1.2 under Regular Use Reservations.



Bonus Use reservation requests are confirmed an a first-come, first-served  basis.  Bonus Use reservation requests will be confirmed by the Reservations Department by telephone.  No Bonus Use reservation request will be honored unless they have been confirmed by the Reservations Department.

Your Bonus Use reservation will not be confirmed if you are delinquent in payment of any amounts owed to the Association, or if your use rights have been suspended  by the Board of Directors.



Subject to availability, Bonus Use reservations may be made as often as you like for any days of the week in any unit type or season of the year .  In addition no less than two {2} nights may comprise a Bonus Use reservation.  Bonus Time booking limited to two weeks per call per owner.


Your Bonus Use reservation will not be confirmed if you are delinquent in payment  of any amounts owed to the Association, or if your use rights have been suspended  by the Board of Directors .




onus Use does not affect any other entitlement you may have to occupy a unit, except that Bonus Time cannot be rented by an Owner to a guest.




The Association  will deposit revenues generated from  Bonus Use into its general account to help defray costs of the Association.




If you  cancel or change your  Bonus  Use reservation  you  will be charged  a cancellation fee.    If you cancel your  Bonus  Use reservation  less than forty-eight   (748} hours prior  to check-in  or you  do not check-in for  your  reservation  within forty-eight   {48} hours of your  arrival time, you  will not only be charged  the cancellation fee,  but also the reserved  unit Bonus  Time Rate for  the Pono Kai lOA  units for   the number of  nights reserved  or two nights,  whichever  is less.


Check-In Time is 4:00 PM.  Check-Out Time is 10:00 AM .

The Declaration provides  that if at check-in time you are not current in the payment of your assessments, you  will not be permitted  to occupy your assigned  unit until your assessments are brought  current.

Owners will be required to present  identification in addition to a major credit card or cash deposit upon check-in.  To keep costs down, please  turn off all lights, television sets, radios and other appliances, wash all dirty dishes, fold  down all beds used during your stay, lock the door to your unit upon departure, and leave your room key and other items checked out to your party  at the front  desk upon check-out.

On a space available basis, you may arrange for a late Check-Out by making such arrangements in advance, and paying a nominal fee at that time.


Unit:  You may be denied occupancy of your unit if at check-in time you are delinquent in any amounts owned to the Association, or if your use rights have been suspended by your Board of Directors.

Limit:  The maximum allowable occupancy for a Studio unit isfour  {4} persons, for a one-bedroom Imperial Suite unit four {4} persons, for a one-bedroom with loft Imperial Suite is six {6} persons,

for a two bedroom Presidential Suite unit is six {6} persons,  and for a two bedroom with loft unit is

eight (8) persons.



At check-in you will be given an inventory list for your review and approval.  It should be completed and returned  to the front  desk as soon as possible  after check-in.  When you or your guests check-out, any damage or loss not indicated on your inventory list will be billed directly to you.  A major credit card or cash deposit is required at check-in for this purpose.  A copy of the manufacturer’s instructions for operation of appliances will be placed  in each unit. Appliances must be used in accordance  with these instructions.



Personnel for the Pono Kai lOA units at the Pono Kai Resort including front desk, housekeeping and maintenance staffs, are employees of the Management Company and are under the sole direction of the Resort General Manager. Please direct special requests for services and assistance through the front desk.



If you are a member of Interval International (If) and/or Resort Condominiums International (RCI} and you desire to exchange a use period, please consult your II and/or RC/ directory and membership materials for  trading rules which govern reservation exchange requests. Representatives are available in the Reservations Department for your convenience.  If you are a member of the Preferred Status Exchange Plus exchange, please consult the Preferred Status Plus Directory for assistance with any exchange.



You are totally responsible for personal  items brought into the Project.  Personal belongings cannot and shall not be stored on the premises  other than in your unit.  No storage is permitted  in the parking  area.  Neither the Resort General Manager nor the Association are responsible for

any personal items left by you or your guests at check-out. Items not claimed will be disposed of after thirty {30} days.



You may permit another person  to occupy your assigned unit during your use period  without charge by the Association.   You may permit another person  to occupy your assigned unit during a use period reserved as Bonus Use, but you may not rent such use period.  Renting of Bonus Time

is strictly prohibited.   Owners found  to have done so are in violation of these rules and regulations and may lose Bonus Time privileges.   You may invite others to share occupancy of your assigned unit during your use period(s}, provided that the maximum allowable occupancy limit for the interval unit is not exceeded. The Resort General Manager will not give access to any interval unit to any such permitted user without permission from the Owner in whose nome there is a  confirmed reservation. If you intend for a person other than yourself to use your use period or to accompany you during your use period, you must inform the Reservations Department not less than fourteen {14} days prior to the first day of your use period. Please indicate the name and address of such person(s).  When checking in, your guests will be asked to show proof of identification, sign a registration card and present a major credit card or cash deposit.




You may permit persons  under 18 years of age to occupy your unit only if he/she/they are accompanied  by a parent or adult age 21 years or older.  (Read all other sections thoroughly for additional age restrictions.)



The six-hour period between check-out time and check-in time is reserved exclusively for cleaning, inventory, repair and maintenance of units by housekeeping and maintenance staffs, so that

upon your arrival, you will find your unit fresh and clean.  Daily towel and trash service is provided as is a light cleaning with fresh  bed linen mid-week.  Thereafter, additional housekeeping services are available by contacting  the front  desk.  There will be a charge for additional housekeeping services, which must be paid prior to departure.



Owners are to be aware that the Manager is provided  with a passkey  to all units.  At the Manager’s  reasonable discretion, the Manager or his employees or agents may enter any unit.  In such instances, the Manager shall notify the occupant as soon as is reasonably possible prior to such entry, and of the reason for such entry.



Parking by Owners, their family,  guests, and invitees, will be limited to one parking  space per timeshare unit reserved at the Resort.  Owners, their families,  guests, and invitees bringing more than one {1} vehicle to the Resort should make advance parking  arrangements.  No vehicle of any type requiring more than one parking  space may be operated, parked,  stored  or brought onto the property.   Please keep in mind that parking  in unauthorized areas on or off the property  may result in your vehicle being towed away.  Limited additional parking  may be available on a first­ call, first-reserved  basis only if arranged in advance (prior to arrival) through the front  desk.

Parking is permitted for Owners and their guests only, with no assigned spaces.  No major repairs to automobiles or motorcycles is permitted  on the premises.   No racing of motors, etc. is permitted.   No vehicle belonging to an Owner or guest shall be parked  in such manner as to impede or prevent  ready access to any entrance or to any exit from  the buildings by another vehicle.

The Association is not responsible for lost/stolen/damaged vehicles or other property of Owners and/or guests. Damage to cars and other objects or common areas shall be the responsibility of the person causing the damage.

Vehicles shall travel at 5 mile per hour speed . Drivers are expected to observe traffic signs for the safety of all. Drivers may not leave cars unattended in loading zones, and cars shall be promptly removed when the loading or unloading is completed.



Coin-operated washers and dryers are centrally located at the resort.  They are available for your use and convenience at a minimal charge.



Absolutely no pets shall be allowed in the units, common, ar recreational areas ever.



No sunshade awnings or other similar devices may be used on any balcony or patio . Draping of any articles- including but not limited to towels, swim suits, etc. -in the balcony areas or otherwise is not permitted.



The pool and surrounding areas are for the exclusive use of Owners and their guests.  Hours are posted.  Age restrictions are posted.  Children will not be allowed in the pool unless accompanied by an adult responsible for such child.  Parents or guardians are completely responsible for  their children or wards and shall not permit  them to enter the pool areas regardless of age, if they are not  competent  swimmers.

Pool rules are posted  within the pool area. Any person violating any of the pool rules will be refused further  use of the pool.  Pool users shall dry off prior to entering the lobby or elevators. Pool towels are provided  at the front  desk.  Please do not use room towels at the pool.


No flotation  devices or toys are allowed in the pools or spas.  Glass or other breakable containers shall not be brought into the pool area .  All personal  belongings such as towels, sunglasses, books, etc. shall be removed upon leaving the pool area.

Swimming is not allowed in other than proper swimming apparel.  Diapers are not allowed in either the pool or spa . All persons using oils, lotions, etc. should protect the furniture  and deck area .  No removal of pool furniture  is permitted .

Owners and their guests shall use the swimming pool at their own risk. No lifeguard is on duty, nor will the Manager, its employees, or agents supervise or watch over the pool in any manner.

Radios, tape players, etc. shall be tuned for individual listening and shall not be played at a volume which interferes with the enjoyment of others.



The spa is intended to be an adult amenity . Hours of rules are posted and must be obeyed. (Per the laws of the state’s Health Department, due to its potential hazard to health, only persons

fourteen  (14) years of age or older, and four  {4)feet  or taller may use the spa, and any person between fourteen  {14} and eighteen {18} years of age must be accompanied  by a parent  or an adult guardian when using the spa.)  Other age restrictions may apply at the Pono Kai Resort, and must be obeyed if posted.



All babies regardless, and all persons known to be or suspected of being afflicted with an infectious disease, suffering from  a cough cold or sores or wearing Band-Aids or bandages, shall be excluded from  bathing in the pool or spas.  Spitting, spouting of water, blowing the nose in the swimming pool shall be prohibited.



The Tennis Courts are open daily.  Court times must be reserved at the Front Desk.  Equipment is available at the Front Desk.  Rules are posted  and must be obeyed.  No night tennis permitted.



No commercial soliciting is permitted,  whether within a Timeshare Unit or the common area, at any time by any Owner, guests, exchange user, or member of the general public  except for Association-authorized   efforts to market timeshare intervals.



The front  desk is open 24 hours per day, seven (7} days a week.



Each unit is furnished  with a private telephone which accesses direct lines via the front  desk switchboard.  Owners and permitted  users are responsible for  all charges for  telephone calls and are required to pay same prior  to check-out, if the call has not been charged to a home or business phone,  telephone calling card, or placed  collect. All unpaid telephone charges of your permitted  user are the Owners’ responsibility.  Further information on telephone operation is available through the front  desk staff  and  Welcome Packet materials.




A major credit card or cash deposit is required at check-in. In addition, the Association will charge a minimum of $25.00 for any personal charges required to be billed to an Owner after check-out. Each Owner shall be responsible for prompt payment of charges incurred by such Owner, his family, and guests during the use period, including but not limited to long distance telephone calls, additional housekeeping services, or other items. Non-payment of such personal charges may result in the suspension of such Owner’s use privileges.



Dangerous or unlawful substances may not be stored, introduced or used within the project. All unlawful, obnoxious or offensive activities are prohibited in any unit or other area of the project. You are requested to control noise and activities so that you do not disturb other occupants.   You are requested to monitor activity of your children, and your guests’ children, so they do not disturb others.  Children are prohibited from playing  in parking  areas, the lobby and any other non-recreational  common  areas.


No Smoking

Pono Kai Resort is a non-smoking property, smoking only allowed on designated areas, please see Front Desk personnel  to enquire on designated smoking area.

No Owner shall make structural changes, reorganize or remove the common furnishings,  wall hangings, floor  coverings, or decorations of any kind within the units or common areas.

No soliciting of goods and services, or religious or political activities shall be permitted  on the premises unless approved by the Board of Directors.

No personal  items or equipment (surf boards, water skis, bicycles, etc.) shall be left or allowed to stand on any part of the prem1ses,  other than withm the confines of a unit or any storage area set aside or assigned for such purpose.

Skateboards, bicycles and related vehicles shall not be operated on walkways or sidewalks. Furniture, furnishings and equipment of the common elements have been provided for the safety,

comfort and convenience of all Owners and guests and shall not be altered, extended, removed or

transferred to others.

Each Owner/guest shall be held personally  responsible for  any damage or destruction to any common element caused  by themselves, their children, their guests, or any occupants of  their unit.

All noises from whatever source shall be controlled so same shall not disturb or annoy other Owners/guests. All Owners/guests shall maintain quiet hours as posted and noticed.

There is to be NO shooting of fireworks  of any type at any time in, in front  of, or around the building or common areas.

Beach users shall shower to remove sand from feet before entering the lobby or elevators .




Please refer to the Covenants, Conditions and Restrictions of the Pono Kai Interval Owners Association.


4.25      GENERAL

There is a charge for replacement of lost unit keys, as determined by the Board of Directors.

There will be a charge for any damage resulting from  misuse of resort fixtures, furnishings,  etc. as determined  by the Resort Manager.

Complaints and suggestions regarding the resort shall be made in writing to the Board of Directors or the Managing Agent.

Each Owner/guest is requested to register with the Resort Manager, and to supply names of all expected unit occupants, their address and telephone number, Owner number and vehicle information, and will be required to leave some form of deposit, i.e., credit card imprint, cash deposit, etc. with the front desk.


The Board  of  Directors  and  each Owner expect that all Owners and  their permitted   users  will comply  with  the requirements  set forth   in each of  the Governing  Instruments.    To assist  the Board and  the Owners in assuring  compliance  with  the provisions   of  these documents,  the Board  has delegated  certain  enforcement  responsibilities  to the Manager.    While at the  Pono  Kai  Resort, each  Owner and  other occupants  are  expected  to comply  with  the  directions  and  instructions  of the Manager.   If  the Manager advises you  that your  conduct  violates  any of  the Governing Instruments,   you  should  cease  immediately  and  refrain from   committing   the  offending  conduct.

The failure  by you or your permitted  user to comply with the Manger’s instructions or directions may result in the imposition of a Personal Charge per violation, plus all incidental expenses incurred to bring you into compliance.  Payment of the Personal charge is due within fifteen  {15} days following  your receipt of a written statement from  the Board of Manager.  If payment  is not received, the Personal Charge becomes a Special Assessment  and alien may be recorded against your interval.

You may contest an alleged violation of the Governing Instruments and the imposition of a Personal Charge by notifying the Board of Directors in writing prior to the next regularly scheduled meeting of the Board.  If the Board, after consideration, rules in your favor,  the violation will be dismissed, the Personal Charge will be nullified and any amount paid by you to the Association  with respect to the Personal Charge will be refunded to you within fifteen  {15} days following  the Board’s decision.



In case of an emergency, contact the front  desk at {808} 822-9831.  If front  desk personnel  are unavailable at that time, dial 911 to ontact the appropriate Policy or Fire/Paramedic  authority.