Nanawale, why not ?

[John S. Rabi]

quote:

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Originally posted by punaticbychoice
Yes Jerry, some properties are grandfathered in if they are permitted and under 880 sf.
Substandard non- permitted structures are currently being subjected to legal action as far as I know.

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There is no such a thing as "grandfathered in" in regards to the CC&Rs. A property either conforms or in violation of the CC&Rs. In order to make a smaller structure legal the HOA would have to change the CC&Rs. It's not easy because it requires a "yes" vote by a high percentage of ALL property owners in the subdivision, but it can be done. (Check the Bylaws of the subdivision for the "how to.") If the HOA just disregards the legal but smaller structures than they are opening another can of worms and can be accused of selective enforcement.

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
888.819.9669
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
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(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)