Subdivision Covenants

[Derrick Barnicoat]

I am looking to acquire some land in the Puna area and looking to build a higher end yurt (not a glorified tent but something more permanent and house like). I found some land in Leilani Estates that was within my price range but fortunately I looked into their covenant before I put down any money.

It seems many of the covenants are very restrictive and are geared toward only allowing a certain type of person. Not that I am some sort of "riff raff" but I live a "creative" lifestyle (or whatever you want to call it). I don't mind covenants and rules so much but I really just want to be able to be off the grid and have my own lifestyle with out the judgement of neighbors. To be more specific I would like to grow edibles, maybe have goats or chickens, a small studio on the property to work on my music/ visual art and a place to bring in friends to record. I just don't want to find myself in a middle american suburb environment where neighbors dictate how you trim the hedges and what color vinyl siding you use. I love to be involved with my community and know my neighbors but I loathe the judgmental behavior of average suburbanites.

Anyway, how is it living with the rules of your subdivision?

I understand the need to keep crime out but forcing people to have two car garages, dictating square footage of living space, etc. seems a bit intrusive or overboard. I guess it depends how strict the associations are. Anyway, what are your experiences dealing with the rules? For the record, I am not entirely against such things. To me it just depends on how flexible the rules are.

Mahalo,

Derrick

[Kapohocat]

There are only a few subdvisions in the county with legal CC&R's.

I would call Plan Dept and get the updated list.

See if Leilani is on their list of enforceable CC&R's.

[leilaniguy]

Not all of Leilani has covenants, I live in increment 1, there are no covenants or restrictions here. This is the unpaved areas of Pueo, Hapu'u. Malama, Kula and Kahakai Sts.

[james weatherford]

While you are talking to the County Planning Department, you might inquire about yurts -- and ask, "are they permittable?"

[kimo wires]

There are plenty of subdivisions where you can do pretty much anything you want. Live in a yurt, a bus. A costco tent. I wish our subdivision had some basic CC&Rs but it will never happen and people are free to trash their places bringing down the value of homes around them. Shop carefully. If you buy a 2 0r 3 acre Spaghetti lot you can build deep, into the back, anything you want with little likelihood the county will do anything about it. People may disagree with me here but I work in the building trades and see it all the time. Just keep in mind that if it's not a permitted structure It won't be worth any more than the land it's sitting on. In addition to that. If it's permitted but not finalized, It still won't be worth any more than the land for Real estate appraisal purposes but the Tax assessors office will tax you on an incomplete structure anyway. Not at full value but up to 80%.

[Derrick Barnicoat]

The yurt company I am looking to work with does actually work to get the structures permitted and most if not all of the yurts they have done are on the Big Island. They are really just like any house. I was just wondering how strict are the CC&R's and how are they enforced. It seems like as long as you are not flamboyant about violating the codes and are not bothering the neighbors you can avoid trouble.

Mahalo, for all the answers.

I would say the name of the yurt company I am talking about but it could come off as advertising and I don't know if that is okay to do on this forum, but if you are interested a google search with the obvious key words will bring up their page.

[Rob Tucker]

Derick, You are free to discuss your topic to any degree you wish.



Assume the best and ask questions.

Punaweb moderator

[Derrick Barnicoat]

I guess another question would be when the cc&r says single family residency does this mean an ohana house or vacation rental in addition to a main house is not tolerated on a single lot ?

Or is this just a way to stop shanty towns from popping up on single acre lots? Because I have always wanted to develop a fairly passive additional income from something like a small rental cabin or the like, but also have friends and family from the mainland be able to visit and have their own space.

[DanielP]

a vacation rental is considered a seperate dwelling and ther you run into County zoning laws. Rent frirst and do your research here.

[Rob Tucker]

Ohana dwellings are only allowed in R (residential) zoning, not AG. Most all of Puna is AG.

Derrick, The closest you can come in AG zoning and CCRs is to have an "attached" module of your home which might function as an ohana - no obvious kitchen. I think a continuous roof, perhaps a covered corridor would qualify.