Posts: 155
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Joined: May 2011
Our experience in Nanawale went something like this:
Husband pitched a large tarp covered tent only after grounds were ready for construction,just before foundation was poured.
Within 24 hrs members of Nanawale were over asking to see our permits (even after we had followed all CC&R's)
They challenged husband's pitching a tent..also said that we needed post original permit and not the copy that was posted..
Husband just smiled said he was just protecting our investment and would continue to do so. That was the year"winter" it rained nonstop as was the next year when the house built.. Wet & miserable.
I can fully understand why CC&R are in place. I don't want a family of 6 living out of their car as my neighbor..That said I for one never realized what building in Hawaii less alone Nanawale was like all the hoops the cost the weather and doing it hawaiian time what should of taken 6mo(1 winter) took us 2 winters our 5 year goal became 8.. But oh how I love my little grass shack!
Posts: 155
Threads: 13
Joined: May 2011
Just received the Nanawale Dec.newsletter on page 3
FAQ
Q.are property owners allowed to live in tents or shacks on their lots?
A.no tents,shed,shack can be used for residential purposes. Any property owner that resides in such a structure is in violation of non-compliance to the association bylaws and CC&Rs and will be subject to fines placed against them.
99% of all property owners residing in such a structure,
Considered illegal in this subdivision,are purchasers doing an 'agreement of sales'where a payment plan is set up with the seller.
When an illegal structure is reported to the association,the board of directors will send out a notification for removal and property owners are given a time frame to rectify the violation before fines are placed.----------
Then if you read page 4 under Synopsis.
#|| A.Temporary or separate improvements:
No trailer,tent,shack,garage or other out buildings shall be used for living purposes on any lot beyond completion of a permanent structure,or one year,whichever comes first.
Posts: 14,120
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County codes already stipulate requirements for any building which will be "used as habitation"; the Nanavale CC&Rs are a little stronger, and serve mostly as a means of "guaranteed enforcement" because the HOA doesn't have to wait around for County.
Ag zoning would otherwise grant you an unpermitted shed (up to a certain size), or the ability to build a permitted shed (within the setbacks/height limit)... plus lots of other things that aren't allowed by the CC&R.
I think it would be much simpler if all the residential-sized lots were zoned R as fits their intended use.
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Would your property taxes go up based on the sq. ft. of the shed? Would it have to be under 5ft. tall so as to not have property tax. I have heard so many different rules on property taxes for sheds/ lean-to.
Posts: 14,120
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Joined: Aug 2012
Far as I know, County will attempt to assign a "value" to any "structure" so they can assess taxes on the land+structure, whether or not that structure is "permitted".
Overall "posture" varies per subdivision; some places are very "strict" in an attempt to maintian "property values", others are very "live and let live".
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The difference between Ag and Residential sized/designated lots come from years ago.
Pre-state hood, a lot of large tracts of land was subdivided, into these subdivisions we have today. The developers new the best way of doing it cheaply was to provide "Agricultural" designations, because (1) they require less infrastructure during development, and (2) it was keeping with Hawaii countys "agricultural" ideal.
So the lots in some of these subdivisions were pretty small, like Nanawale.
Then a few of the first residences decided to form an association, which really anyone can. They drafted up rules to make certain conditions, even sizes of houses, etc., knowing too well that the lots are too small to techinically hold a pig-farm, which would of been allowed on ag land if there was no CCRs.
That is why you have ag zoning on small lands. It was cheap for the developers because not lot was required, but you have CCRs to protect what can go on so too many neighbors are not upset with each other.
I know of a few "associations" in hilo, and they are legal, that actually have only 4 lots on them. The neighbors got together and did a formal agreement about what can actually happen on their lot so as not to upset the next.
