GENERAL SUPERVISION AND REGULATION OF THE CEMETERY
In order that the improvements and appearance of the Cemetery be kept uniform, the Association reserves and shall have the right to regulate the kind, size, design, quality and material of all outer burial containers, Plots, memorials, Markers, and Bases which are placed in the Cemetery.
The Association reserves the right to compel all persons coming into the Cemetery to obey all rules and regulations adopted by the Association. The Association will take reasonable precaution to protect Owners and the property of Owners within the Cemetery from loss or damage; but it disclaims all responsibility for loss or damage from causes beyond its reasonable control.
All funeral processions, on reaching the Cemetery, shall be under the charge of the Superintendent or his duly appointed person.
Besides being subject to these rules and regulations, all interments, disinterments and removals are made subject to the orders and laws of the properly constituted authorities of the County of Maui and State of Hawaii.
When instructions regarding the location of an interment space in a Plot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, the Superintendent may, in his discretion, open it in such location in the Plot as he deems best and proper, so as not to delay the funeral, and the Association shall not be liable for damages from any errors so made in such opening.
The Association shall not be held responsible for errors in any order given by telephone or for any mistake occurring from the want of precise instruction as to the particular space, size and location in a Plot where interment is desired.
The Association shall not be liable for the interment permit nor for the identity of the person sought to be interred.
No interment shall be permitted and no marker shall be placed in or on any Plot not fully paid for except by special consent of the Association in writing. In the event such consent is given, any and all interments or memorials placed in or on said property shall be considered as temporary. A promissory note shall not be considered as payment, and no rights shall be acquired by the Plot purchaser until such property is fully paid for in cash, including principal and interest. And, in case the purchaser of said property shall fail to meet all payments when the same become due, then the Association may re-take said property and hold the same as of its former estate. The Association, thereupon, shall be released from all obligations and it may retain such payments as may have been made toward the purchase of such property as liquidated damages. The Association, without notice and at its discretion, shall have the right to cremate or to remove to a single grave, to be chosen by the Association, each of the remains then interred in said property. The Association further shall have the right to remove any memorial that may have been placed on said property.
No more than one (1) burial may be interred in a 4’x8’ or 5’x10’ or 2’x2’ Plot. The Board may allow more burials or cremations to be placed within a Plot, upon submission of a written request to the Board, and approval by the Board, which approval may be withheld by the Board at its sole discretion. After the first burial, upon Board approval, additional burials are subject to current interment fees. The Stacking of Burials shall not be allowed without Board approval, which approval may be withheld by the Board at its sole discretion. If the Board approves the Stacking of Burials within a Plot, the Owner shall be responsible to place the initial Burial at a sufficient depth to allow the Stacking of the second Burial. Failure to place the initial Burial at such adequate depth will prevent the future Stacking of Burials in said Plot.