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Seeb, that would be a "Deed Restriction" and have nothing to do with the CC&Rs. I don't think a deed restriction you mentioned would stand in the courts. There are federal and state (even more restrictive) laws against discrimination.
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John S. Rabi, GM,PB,ABR,CRB,CM,FHS
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It would be in everyone’s best interest if they read and understands what is permitted in the different zoning. Don't get to wrapped up in the zoning descriptor such as Agricultural, Residential, Commercial etc, but understand what is permitted in each.
Example on AG zoned land you can have the normal agricultural use but also, Animal Hospitals, Campgrounds, Playgrounds, Swimming Pools, Cemeteries, Group Living Facilities, Kennels, Stables, Telecommunication Antennas, Utility Sub-stations, Wind Farms, Bio-fuel Production, and Agricultural product processing operations.
If you live on AG zoned land, all the above is allowed and all the below is possible.
With additional permits, AG land can also have Heliports, B&Bs, Quarry, Child Care Homes, Public Dumps, Trailer Parks, Crematoriums, Houses of Worship, Day Care Centers, Hospitals, Amusement Parks, Golf Courses, Sanitariums, Mortuaries, and Schools.
Bob, that's why I pointed Hope to reading the actual zoning code. Thanks for illustrating a number of permitted uses that wouldn't come to mind as Ag for most people.
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Nice posting Bob! It just further proves the point that you need a really knowledgeable real estate agent when you buy property here.
One of our previous clients in Nanawale Farms tried to hide the facts of his un-permitted and not up-to-code house and other structures when he listed with us. Of course I found out about them all when I did my research, so he canceled the listing and set up his own web site trying to sell his **** and still hiding all those facts. Buyer beware!
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
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CC&Rs are a deed restriction, well at least the R part. the rest is that adhesive contract thing.
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quote:
Originally posted by Seeb
CC&Rs are a deed restriction, well at least the R part. the rest is that adhesive contract thing.
Kathy, John,
Maybe now would be a good time to explain the difference between:
Zoning
Deed Restrictions
CC&R'
HOA's
Recorded easements and such
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Zoning is enforceable land use law
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Deed Restrictions are part of the deed and limit/restrict the use of the property. There are private deed restrictions imposed by one or more of the previous owners. Deed restrictions go with the land.
CC&Rs stands for "Conditions, Covenants & Restrictions" and is a recorded document for the subdivision in whole, apply to all properties in the subdivision and applicable to all owners. The existence of the CC&Rs is indicated in the deed. CC&Rs are part of the By-Laws and can even have an expiration date.
HOA's (aka AOAO for condos) is the association of all the property owners in the subdivision. It's run/directed by the Board of Directors (BOD) or by a management company hired by the BOD. The BOD are appointed by vote of the homeowners, the officers and the directors within the Board are appointed or voted on by the BOD in whole.
Recorded easements are actually part of most deeds since the phone company and electric company both have easements for their lines on most properties. The second most existing easements are for access purposes to other properties. It would take way too long to describe all the easements here.
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
Thank you John!
All I would add is that with zoning law, the County enforces the laws, generally in response to complaints or with respect to a permit application.
CC&R's, easements, and deed restrictions are enforceable through civil litigation. Not all HOA's have the funds or the interest in vigilantly enforcing the CC&R's. For example, Waikoloa Village, when I lived there ... the CC&R's were a joke when it came to anything that had already passed the initial approval, such as the "no barking dogs" rule and the tree trimming requirements.
In CC&R cases, if the documents were drawn properly, the homeowners have entered a contract with the entire subdivision, so the HOA can act as a party to the action, and it can also be sued, in addition to the individual property owners having enforceable rights. At times, property owners can be forced to dismantle antennas and additions that violate height limitations, or to trim their trees, and so forth. That type of remedy where a property owner is forced to do something or prevented from doing something is called injunctive relief or equitable relief - as opposed to the standard remedy in litigation, which is monetary damages.
Under common law in the United States, landowners have no inherent right to light or view (as I understand it). Under County zoning laws, another landowner can and often does build to obstruct your view, or may allow trees to grow up and take away your view, which is one reason why parcels with unobstructable views due to topography have extra value. However, if you buy into a subdivision with CC&R's, they may afford you protection for your view, and you may be limited from building to obstruct someone else. Homeowners may be limited to certain kinds of roof materials, a certain color palette, and so on and so forth. Some people want that protection, others can't stand the conformist mentality.
As an example of the two mentalities side by side here, Hawaiian Beaches doesn't have CC&R's, whereas HSRE does, and Kahakai divides the two philosophies of what makes for a good neighborhood. Leilani Estates is well known for having a strong HOA and CC&R's, which has drawn a lot of people who don't want the type of anarchy that prevails in HPP, for example.
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Are they putting the casino in that spot?
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