quote:

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We are renting in Leilani. pretty, but wow, so many restrictive CC&Rs that we don't like -- can't have a bonfire on your own land, for instance.

hope

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Hope,
I have never heard this one objection voiced before, why do you need to do a bonfire?
Just curious.

If you look at a sales Data information sheet like this which is on all properties on the MLS, it will tell you in the right hand bottom about CCR's.
http://webre1.hawaiiinformation.com/REsearch/HIS/Search/search_MLS.asp?SRC=EXT&STRM=MLS&KEY=179803&DFRM=mls&P=71791483&CF=1

Having another Great day in Paradise, Wherever that Maybe!
http://groups.yahoo.com/group/TheLanai

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RE: Your Favorite Subdivision! - nnickle - 09-20-2006

Miss Mella now you know which one I picked or did it pick me? LOL Hint thanks for the Angel plant.

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RE: Your Favorite Subdivision! - John S. Rabi - 09-20-2006

"If you look at a sales Data information sheet like this which is on all properties on the MLS, it will tell you in the right hand bottom about CCR's."

Lucy, please don't forget MLS is a display of data input by real estate agents. Just because MLS indicates there are CC&R's (or no CC&R's) in a certain subdivision, it doesn't mean the information is correct. (Yes, those ding-dong real estate agents!) While there might be no CC&R's in a certain subdivision in general, there could be CC&R's affecting certain lots within the same subdivision. The only way to know of the CC&R's for sure is to get a Title Report of the property.

Aloha,
John S. Rabi, ABR,CM,CRB,FHS,PB,RB
http://www.JohnRabi.com
Typically Tropical Properties
75-5870 Walua Road, Suite 101
Kailua-Kona, HI 96740
(808)327-3185

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RE: Your Favorite Subdivision! - Lucy - 09-20-2006

Hey John, thanks!

I suppose this title report costs a bunch of money to do for just looking at a home, but when you get serious about one.....so you also could ask about it at the subdivision office or HOA President or something like that?
Anyway, sounds like a wee bit of a hassle again to know which way to find out the truth and for sure before signing on the dotted line you would need the title report in or in the DROA?

This is one of things that is of major importance to me as I assume it is most folks. Unless that is they have not lived in a HOA with active CCR's or read about the situations that they cover.

Thanks,
Lucy

Having another Great day in Paradise, Wherever that Maybe!
http://groups.yahoo.com/group/TheLanai

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RE: Your Favorite Subdivision! - jdirgo - 09-20-2006

If you're dealing with a Realtor that works regularly in the area, they should know if there are CC&Rs. Beware of Realtors working outside of their common business area. Kona-side Realtors often don't know the area well enough to know if there are CC&Rs in some areas of Puna (and I do NOT include John Rabi and his staff in that group, because he DOES know and I'm sure he's trained his staff on it).

This is not intended as a slam to Kona-side Realtors, because I'm the first to admit that as a Hilo/Puna-side Realtor, I don't know as much as CC&Rs for Kona-side subdivisions as I probably should. That's one reason why I tend to refer out clients that are looking on the Kona-side. I don't feel that my knowledge-base is good enough to give them the information they deserve.

On this side, Aina Pua is the really tough one, because I've tried to get a list of lots that are Aina Pua and not Tiki Gardens as well as a copy of the CC&Rs and its nearly impossible. Even escrow companies are clueless about this, despite Aina Pua being around for years.

You get a copy of the preliminary title report early on in escrow process. Good Realtors make a request to an escrow company for a "property profile" right when you get an accepted offer. That will often reveal CC&Rs even when the other Realtor may not have known it. Often, the escrow companies can get you the preliminary title report within a few days of the accepted offer, so its usually not an issue.

John Dirgo, RA, ABR, e-PRO
Island Trust Properties, LLC
808-987-9243 cell

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RE: Your Favorite Subdivision! - John S. Rabi - 09-20-2006

You are absolutely correct John. I know agents on this side of the island who will drive to the East side with clients to make a sale but they need a map just to find even the subdivision, not to mention the properties. There is a RICO complaint against one of the Kona agents who took a listing on the East side without the knowledge of the subdivision and his MLS input was inaccurate. It will be up to RICO to decide if it was false advertising, or non-disclosure of material facts or both. That's why I personally don't do business on that side of the island except in Leilani Estates and HPP (and the subdivisions I own properties in) those I know.

As to the CC&R's issue, my personal experience taught me a valuable lesson. I am sure if you ask everybody will say there are no CC&R's in HOVE. I bought a lot there a while ago and CC&R's showed up on my title report. Apparently, while there are no CC&R's for the subdivision, one owner who owned four lots drafted and recorded CC&R's for those four lots. I wouldn't have known that without the title report (and further getting a copy of the CC&R's by the recorded Liber number.)

Aloha,
John S. Rabi, ABR,CM,CRB,FHS,PB,RB
http://www.JohnRabi.com
Typically Tropical Properties
75-5870 Walua Road, Suite 101
Kailua-Kona, HI 96740
(808)327-3185

Edited by - John S. Rabi on 09/21/2006 09:38:11

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RE: Your Favorite Subdivision! - waynesb - 09-21-2006

Hmmm... John, which side is Volcano on?

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RE: Your Favorite Subdivision! - John S. Rabi - 09-21-2006

You got me Wayne, I had to edit my original post. Yes, I do business in the East side subdivisions that I personally own properties too.

Aloha,
John S. Rabi, ABR,CM,CRB,FHS,PB,RB
http://www.JohnRabi.com
Typically Tropical Properties
75-5870 Walua Road, Suite 101
Kailua-Kona, HI 96740
(808)327-3185

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RE: Your Favorite Subdivision! - waynesb - 09-21-2006

Actually, I was tweaking the other John about MLE vs RHE.

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RE: Your Favorite Subdivision! - jdirgo - 09-21-2006

Those two areas are ones where I call upon other experts within my company to help me out since apparently, my brain can't seem to get them straight.

Again, not perfect, just teachable.

John Dirgo, RA, ABR, e-PRO
Island Trust Properties, LLC
808-987-9243 cell

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