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Article V       USE AND MAINTENANCE OF THE PREMISES:

SECTION 1. Use of Premises.

(a)
The Apartments shall at all times be used as permanent or temporary residences, or as hotel rooms and for no other purposes; provided, however, that the Developer may use any of such apartments for sales or display purposes prior to the sale thereof by Developer. The Owner of each such Apartment may utilize the Apartment solely in accordance with the foregoing provisions of this paragraph, utilizing the established ways and means provided for ingress and egress thereto, and for such other purposes and in such manner as shall be permitted in these Bylaws and the Rules and Regulations.

(b) The Owner of an Apartment shall not use the same for any purpose which will injure the reputation of the property. Such Owner shall not suffer anything to be done or kept in the Apartment or elsewhere on the premises, beyond those customarily done or kept for uses set forth in Section 1 of this ARTICLE V or which will jeopardize the soundness of the buildings or premises, or which will interfere with or unreasonably disturb the rights of other Owners, or which will obstruct the public halls or stairways of the building, or which will increase the rate of fire insurance on the buildings the contents thereof, or which will reduce the value of the premises.

(c) The Owner of an Apartment shall not, without the prior written consent of the Board, make any structural alterations in or additions to the Apartment or make any alterations in (including paint) or additions to the exterior of the Apartment or to the common elements, except as may be otherwise provided in these Bylaws.

(d) The Owner of an Apartment shall not, without the prior written consent of the Board or the Managing Agent, display any sign or other device in or upon any door, window, wall or other portion of the premises, or otherwise so as to be visible from the exterior; provided, however, that this restriction shall not apply to signs displayed by the Developer for sales purposes prior to the completion of sales of the Apartments in the Project.

(e) The Owners shall be responsible for the care and maintenance of any lanais which are included in their respective Apartments. The Owners may not, however, paint or otherwise decorate their respective lanais without the prior approval of the same by the Board of Directors. It is intended that the exterior of the building shall present a uniform appearance, and to effect that end the Owners hereby agree that the Board may require the painting of each lanai and regulate the type and color of paint to be used.

The Board is authorized to contract for the painting of all of the lanais and to make payment therefor out of the maintenance fund. No awnings, shades, jalousies or other device shall be erected or placed on the lanais so as to be visible from the exterior unless written permission shall have been obtained from the Board of Directors, provided, however, that this restriction shall not apply to signs displayed by the Developer for sales purposes prior to the completion of sales of the Apartments in the Project.

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As recorded June 2, 1993

Copyright 2003, Wailea Ekahi AOAO. All rights reserved.