Nanawale, why not ?

[dmbwest]

Thanks Melo + All,

I did not look yet but thats really the minimum ???

22' X 40 no need ... What a shame.

aloha,
pog

[Kapohocat]

John Rabi -

Does the 880 SF include garage and decks, or only living space? I couldn't remember.

-Cat

[John S. Rabi]

Garage and decks/lanais are not inclusive, the living area has to be minimum 880 sq.ft. Leilani Estates has the same in its CC&Rs.

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

[JerryCarr]

No offense intended to any homeowners in Nanawale or its HOA, but just looking at some of the properties there, it's hard to believe that the CC&Rs have been strictly enforced over the history of the subdivision. Were some places grandfathered? I have a friend who lives next door to an unpermitted mess, and he just shrugged when I asked about CC&Rs.

[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.
Long process so we'll see.

[John S. Rabi]

quote:

---

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.

---

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
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)

[punaticbychoice]

How familiar are you with the Nanawale Community Association John?
There is still an active realtor on the board I think.
There is some history there about the CC&R's.

[Rene]

It's possible that they may have no CCR recorded on it. If the lot was purchsed before they were enacted, they can't go back and retro actively record them on the deed. Same thing with "road fees", if your deed doesn't have them recorded, your not subject to them.

[KeaauRich]

Rene...I can't say if your statement regarding road fees is accurate in Nanawale, but it is definitely not true for Orchidland. In Orchidland Community Assn. vs. Shagei Murakami et al, the court ruled that all owners in the subdivision are obligated to pay for road maintenance even though that obligation may not appear on their certificate of title or deed.

[John S. Rabi]

quote:

---

Originally posted by punaticbychoice
How familiar are you with the Nanawale Community Association John? There is still an active realtor on the board I think. There is some history there about the CC&R's.

---

My family still owns two lots in Nanawale Estates and according to the deeds the CC&Rs were recorded at the time of the subdivision approval, meaning they apply to all the lots in the subdivision. If it's not in your deed it doesn't mean your lot is not governed by and subject to the CC&Rs, it means you have a defective title and you better talk to your title insurance company.

"KNOW ALL MEN BY THESE PRESENTS:

That the undersigned, JOHN E. DUFF, E.C. MAZZIE, FRANK GOLDMAN and DONALD G. KENDALL, as General Partners of NANAWALE ESTATES COMPANY, a limited partnership, are owners in fee simple of all that certain real property situated in Pu’ua, Puna, County of Hawaii, and more particularly described as follows:
All that certain parcel of land (being a portion of Royal Patent 7788 Land Commission Award 8452, Apana 15 to A Kaohokaole) situated about 10,000 feet northerly from Pahoa-Kapoho Main Government Road at Pu’ua, in the District of Puna, County and Island of Hawaii, State of Hawaii, subdivided into 4,291 lots, inclusive and containing an area of about 1,131.5 acres.
That for the purposes of regulating the improvement, uses, occupancy and maintenance of said tract of land, a uniform plan of conditions, restrictions and reservations has been adopted to be imposed and binding upon the subsequent owners, their heirs and assigns, of each and every parcel thereof, which conditions and restrictions are declared to be as follows:..."

Regardless, it doesn't change the fact that there is no such a thing as "grandfathered in" in regards to the CC&Rs. The property either is conforming to the CC&Rs or is in violation of the CC&Rs. (If the property is not subject to the CC&Rs than this is a moot point.) The post about the road fees by KeaauRich is correct, the court made the same ruling about the road fees in HOVE too.

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