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Question for the realtors amongst us
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10-09-2007, 08:00 AM
quote: Try Tom Aronson aka Oneeye on PunaWeb. I think he is takign smaller projects while he gets his own house done. Catherine Dumond Blue Water Project Management 808 217-7578 http://bluewaterpm.125mb.com/index.html "We help make building your dream home a reality"
10-09-2007, 02:04 PM
The reason for the owner builder rule is to prevent people from acting as contractors without the necessary licenses. Without this rule anyone could owner build house after house as fast as they could build and sell them.
Also, while you have to wait a year to sell the house I think you have to wait two years before you can build another one. Jerry Art and Orchids B&B http://www.artandorchids.com
10-10-2007, 03:46 AM
Thanks everybody for the info, even though it doesn’t sound like good news. I did make it clear, didn’t I, that her house was already on the property, finished long ago. What she built was an artist’s studio, just one big room with a bathroom, about 250 feet from the house, no kitchen. Guess the rules apply to any building, not just a residence, yeah?
The neighbors she wants to get away from are very loud (music, fireworks, screaming at all hours), treat their animals badly (left a pig shut in a dog carrier in the sun for days, chained a goat that then tried to jump a fence and hung itself, etc.), and have kids that shoot anything that moves with B-B guns, including my friend’s cats. When she tried to talk to them they threatened to kill her animals and burn her house down. They harass her constantly and she’s afraid to call the police for fear of retribution. The properties are those long, skinny “spaghetti” lots so the houses are very close together and she has no escape. Sounds like hardship to me but I’m a little biased. If Jerry is correct and she not only cannot sell for one year but then must wait two more before she builds again – what is she supposed to do if she buys bare land, live in a tent until the time is up? None of this makes any sense to me – sounds like ridiculous rules that need changing. I can’t see any reason to prevent anyone from building and selling “as fast as they could” as long as their buildings were properly permitted and passed all inspections. Oh well, if I ran the world, it would be a very different place. I’ll pass all this along to my friend – mahalo again. too soon old, too late smart
I don't know how I got over the hill without getting to the top.
10-10-2007, 04:33 AM
Wow.That is awful about the terrible neighbors.Have the police or the Humane Society been called?
10-10-2007, 04:41 AM
Oh,I see retaliation is an issue.Then the bad guys have won.You have to have the courage to stand up for your rights.I would recommend a restraining order!!!! And video the threats !!!I wonder if these awlful neighbors have a name.maybe I might know how to help.I have had to deal with neighbors like that before.If they do not own the property you contact the owner and let them know you have been threatened and your right to enjoy your property is being violated and what do they propose to do to resolve it.If they are unresponsive, after a reasonable time to work it out has passed,then a lawsuit may be necessary.People have a constitiutional right to enjoy their homes.Anybody else got any ideas?
10-10-2007, 05:29 AM
Lin, she can not do an owner-builder project again for two years. She certainly can have a new house built by a GC right away.
Aloha, John S. Rabi, ABR,CM,CRB,FHS,RB http://www.JohnRabi.com Typically Tropical Properties "The Next Level of Service!"
10-10-2007, 05:46 AM
Lin, I think you misinterpreted what is being said. Your friend can sell their land and can build another house immediately. The standard building process has no such restrictions.
However, because your friend choose to use the exemption in the building process available under HRS, they also agreed, in writing, to the restrictions attached to that exemption. Nobody twisted their arm or forced them to accept the exemption, it was their personal decision. They have to own up to the restrictions they agreed to abide by.
10-10-2007, 05:51 AM
Who needs a Realtor? Craigslist is a hell of a lot cheaper. Ebay is another choice.
I wonder when the year thing applies? When you get the permit or after everything has passed inspections? Interesting laws we have around here. Edit... Calling the cops usually won't help... I had a neighbor that did that and all they said was put some no trespassing signs visible and put up a gate! Sigh. But what are they gonna do? I heard your lucky if they even come down an unpaved road in fern forest. Hmmm, I find it funny that they say those lots are not very wide. They are still 125 feet wide. That is super wide compared to the average city lot on the mainland, 50' wide... I don't care how wide your lot is if you have bad neighbors it's always going to be on your mind. Tho, having a 3 SQUARE acre lot 275X275 or something like that would sure be a lot more private!  I hear some of the neighbors in fern forest (having owned a lot myself in that subdivision) sometimes will pull together to put a some heat on them. Try getting on their forum I think it's a yahoo forum... Edited by - ericlp on 10/10/2007 10:40:57
10-10-2007, 06:38 AM
The one-year selling restriction goes into effect when the property is approved for occupancy by the county (so, essentially, final inspection and publication of the notice of completion).
John Dirgo, R, ABR, e-PRO Aloha Coast Realty, LLC 808-987-9243 cell http://www.hawaiirealproperty.com
John Dirgo, R, PB, EcoBroker, ABR, e-PRO
Aloha Coast Realty, LLC 808-987-9243 cell http://www.alohacoastrealty.com http://www.bigislandvacationrentals.com http://www.maui-vacation-rentals.com |
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