Ku'au Bayview at Paia Homeowners' Association

Key facts from Ku'au Bayview at Paia Homeowners' Association's documents

Reflects the 1996 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (Ku'au Bayview at Paia Homeowners' Association) (Preamble / WHEREAS clauses)

Units / lots

Approximately 92 single-family residential lots (WHEREAS: 'subdivide the Subdivision into)

Developer / declarant

A&B PROPERTIES, INC., a Hawaii corporation, 822 Bishop Street, Honolulu, Hawaii 96813 (Opening / Section 1(g))

Governing law

Hawaii Revised Statutes (references HRS 667, 507-41, 507-43, Chapter 165, etc.) (Sections 8(f), 10(a)(viii), 10(i), 13(a))

Assessments & dues

Not fixed; determined by Board budget each year, allocated equally among all lots. (Section 8(b))

Special assessments

Two types: (1) supplemental assessment if general assessments inadequate, levied equally among lots, due within 20 days; (2) special assessment against an owner or limited group for costs caused by them or benefiting only them, due within 1 (Section 8(c), 8(d))

Collections & liens

Each assessment, other sums, and collection costs (including attorneys' fees) are a continuing lien on the lot. Association may record Notice of Default and Lien and foreclose like a mortgage (including under HRS 667). Association may bid a (Section 8(f), 8(i))

Reserves & fees

5% of unpaid amount if not paid within 15 days of due date; may be changed by Board. (Section 8(e))

Leasing & rentals

Time-sharing prohibited. Long-term leasing not restricted, but owners must ensure occupants adhere to all rules (as per owner responsibilities in CAI document; not in CC&Rs directly). No minimum lease term or rental cap specified. (Section 10(a)(i); Owner Responsibility i)

Fences

Fences, walls, incidental garden structures require Committee approval. Height limit 6 feet from finished grade. Must be attractive from all sides; if at street frontage, area between wall and property line landscaped. No double fencing bet (Section 10(b)(xxii))

Architectural approval

Owner must give 2 weeks advance written notice of intent to commence construction; deposit copy of building permit. For work over $20,000, submit preliminary and final plans as specified. Committee may charge processing fee. Approval expire (Section 10(b)(i), 10(f)(ii), 12(h), 12(i)

Signs & flags

Construction signs (contractor, architect, etc.) allowed only with prior Committee approval. No visible antennas allowed. Mailbox and house number signs limited to 1 sq ft aggregate. (Section 10(c)(ii), 10(b)(x), 10(b)(xii))

Setbacks / home size

Each dwelling, exclusive of garages and lanais, must have at least 1,000 sq ft enclosed living area, minimum 2 bedrooms and 1 bath. (Section 10(b)(iii))

Maintenance

Association maintains Common Areas (including roads, utilities, irrigation systems, walls/fences along Hana Highway, landscaping, etc.). Owner maintains Lot (including exterior, landscaping, driveway, etc.). Association may enter lot to per (Section 3(a), 3(c), 10(e))

Use restrictions

Each lot shall be used only for single-family residential purposes. No time-sharing (including vacation licenses, club memberships, interval ownership, etc.). No building other than one single-family dwelling and private garage without Boar (Section 10(a)(i))

Voting & meetings

Each lot owner is a member; voting rights may be suspended for non-payment of assessments or violation of Declaration (with 15 days notice and hearing). Corporate owners may designate representatives. (Section 6(a), 6(b), 6(f))

Amendments

Declarant has right to approve or disapprove any proposed amendment to the Declaration. Specific voting percentage not given in this extract. (Section 7(d))

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.