10-27-2024, 09:00 PM
Deed restrictions are not zoning restrictions and have nothing to do with the County. Deed restrictions are a contractual agreement between the person who gives/sells a property and the person who accepts/buys the property. In Hawaii (probably anywhere) people can have all kinds of Deed restrictions. And while they may seem "ridiculous" to others, if the parties AGREE to the restrictions, they are binding.
Paradise Hui Hanalike wanted the parcels to remain restricted. They WANTED their parks and golf courses, and so they agreed. In addition, Paradise Hui Hanalike was given other concessions in their settlement agreement. And Paradise Hui Hanalike agreed to these as well (some of which they have not followed through on).
Land in HPP carry deeds that are guaranteed in Land Court (again, nothing to do with zoning).
HPPOA has broken their contract. And while I am not a lawyer, I would say, that in doing so, they have violated the settlement agreement as well.
Paradise Hui Hanalike wanted the parcels to remain restricted. They WANTED their parks and golf courses, and so they agreed. In addition, Paradise Hui Hanalike was given other concessions in their settlement agreement. And Paradise Hui Hanalike agreed to these as well (some of which they have not followed through on).
Land in HPP carry deeds that are guaranteed in Land Court (again, nothing to do with zoning).
HPPOA has broken their contract. And while I am not a lawyer, I would say, that in doing so, they have violated the settlement agreement as well.