Building in Nanawale Estates (Makaha, Leilani Estates: for sale, rent, mortgage)

[Makaha]

I bought a lot in Nanawale. I was surprised to find out after that the community association has an 880 sq. ft. dwelling minimum, requires a permit and a committee review of the plans before construction start.

I've seen many smaller units there including one currently for sale.

What will the association actually do if you build a unit less then 880?

Do other neighboring subdivisions such as Seaview, Black Sands, or HPP have similar requirments?

I just want to build a small, nice place for myself. No hassles.

Experience of owners in Nanawale and similar areas would be very appreciated.

[HankDfrmSD]

Originally Posted by Makaha

I bought a lot in Nanawale. I was surprised to find out after that the community association has an 880 sq. ft. dwelling minimum, requires a permit and a committee review of the plans before construction start.

If you were not provided a set of the community assocaition bylaws and rules before you signed, you probably have recourse if you want to get out of the sale, or claim damages.

Ask a Realtor not involved in the sale about "Disclosure".

Hank

[Dreaming of Hawaii]

In what form did you find out about this minimize lot requirement? Did someone tell you, or are there actually Covenants, Conditions and Restrictions that have been adopted by a homeowner's association? If so, these must be recorded at the County, and your title company should have found these in the title search. It's the law that you be provided with this document prior to closing.

[Makaha]

Thank you for these replies.

I want to keep the lot and build a smaller dwelling on it.

I am seeking the knowledge of others who have done so in Nanawale Estates.

I am also wondering if this is usual for the area or if only Nanawale has these requirements.

It is one thing to have this requirement in the bylaws it is another thing to enforce them now even thought they have not done so in the past.

This rule of committee review was added in 2000. I am not sure of the timing of the inclusion of the dwelling size.

[cynmkolohe]

Several other subdivisions (Leilani Estates, Hawaiian Shores Rec Estates, etc) have Covenants, Conditions and Restrictions (CC&Rs). Not all CC&Rs are enforced, and in some of the older subdivisions, the CC&Rs are "expired". In all cases, residential structures are still subject to the county building code for minimum requirements.

I can't say for sure how aggressive Nanawale Community Association is in enforcing their CC&Rs, I do know of some properties that are not in compliance in several ways. These same properties are also in violation of county code.

Usually violations prompt warnings, then fines, then possible liens on the property.

If you are considering building an unpermitted structure, I would advise you to carefully consider the fact that you will be in violation of both the Community Association CC&Rs as well as county laws. This could result in scrutiny by the NCA or even a complaint filed with the county that could result in a stop-work order until proper paperwork is filed.

In a subdivision like Nanawale, where the lots are quite small, it is very important to get a survey done and be very careful not to build into your setbacks. There are some property owners who build without regard to the setbacks, but they risk having a neighboring property owner get upset by the violation and reporting it.....It is important to not assume that just because your lot is currently surrounded by vacant land that this will always be the case. I could tell you some stories.....

By the way, did you use a Purchase Contract (formerly DROA) to make the offer on your lot? There is a place in the contract where you have the option of requesting the CC&Rs for a subdivision. Did your agent advise you to review the CC&Rs before your purchase?

Also, most of the Community Associations now have websites where the CC&Rs can be downloaded, or where you can find a contact number to call and request a copy. Nanawale Community Association is very responsive in faxing/emailing their documents, so anyone considering a property search in these areas should obtain copies of the CC&Rs before deciding to buy!

[leilaniguy]

Even if you are building in a subdivision without covenants, if you have no permits, all it takes is a phonecall from an irate neighbor and the county will red tag and order "cease and desist".

[Makaha]

Nanawale is full of small cabins and even people living in tarps over...

it is hard to tell!

Does this mean that all of these people are being threatened by the CA and irate neighbors?

I always loved Puna for being relaxed and allowing people to live in peace.

Thanks for your input Cynmkolohe-Nanawale is far from a high-end subdivision. Are its CC&R's current? If I were to by a lot with a dwelling that was not to code or less than min. size am I still liable?

Do the others have this min. dwelling size restriction as well?

And leilaniguy if a cease and desist is issued...then?

I lived in puna for 9 years until 2000 and lasted visited 2004. Has it really become so rule bound with county truly enforcing code? I would wager that more then half of dwellings in puna fail code in some regards so are they now targeting new building to try to respond to past leniency?

Great posts from all, by the way.

Thank you!

[leilaniguy]

An umpermitted structure can be permitted by jumping through all the hoops; has to be built to current code, sited right, submit plans stamped by an engineer, pay a fine. I've seen people camping while they build in Nanawale, but I'm pretty sure the association is just turning a blind eye to it since anyone who lives here knows it can take much longer to finish a house here than anticipated and owners like to stay onsite to save rent and keep materials from "disappearing".

[cynmkolohe]

The reality is that the county isn't staffed to keep up with all the violations so many property owners get away with unpermitted structures. But some will get "caught", some will be reported by neighbors. You are always taking a chance...As these rural subdivisions become more "built-out", there will be more "eyes" on the activity of individual property owners.

There are a few Puna subdivisions known for being more agressive in enforcing CC&Rs, on the other hand, some subdivisions are known for having a high number of homes/dwellings that are not permitted or up to county code.

Retro-permitting, as leilaniguy posted, is possible, but does result in extra fees and expenses, because you often have to "undo" then re-build.

One client I've been working with recently decided to build a permitted house on a piece of property she had been living on for 11 years (in an unpermitted cabin). In the process, she was required to tear down the cabin. She has also faced delays and extra expenses in the process by trying to get around some of the county requirements and by adapting the approved plans without getting them revised. The inspector has required her to undo the extras, her only option being to revise the plans that are on file and wait another few months to get final permits. (She wants to take out a mortgage on the property to finish the interior, but can't do that until the permit is issued. So she has had to rebuild rails, take down part of a lanai enclosure, etc because either the work was not up to code or she had added in things that were not part of her original plans.)

Your safest bet is to go through the permitting process, build a simple home, don't make changes along the way from your approved plans, and then add on later as time and money allow and you can follow the proper channels. This is really the best way to build value in your investment. Research owner-builder permits if you are planning to be involved in doing a lot of the work yourself...

[Makaha]

I think your advice is wise cyn and leilaniguy.

If the minimum dwelling is 880 sqft. does that include lanais/walkways?

Do they have to be roofed to qualify?

Having sqft in a second floor qualifies?

If a building permit is issued, CA committee approves, and both have a one year limit what happens if construction is still ongoing after one year?

And what of buying a lot with an unpermitted structure. Is the new owner liable to conform?