home building affordable housing and hoa covenants

HOME BUILDING AFFORDABLE HOUSING AND HOA COVENANTS CODE

(a) Any covenant, restriction, or condition contained in any deed … that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.

HOME BUILDING AFFORDABLE HOUSING AND HOA COVENANTS CODE

CC&Rs are recorded deed restrictions affecting title to property, and are normally enforceable in court.Ĭalifornia Assembly Bill 670, which became Civil Code section 4751 last year, changes that. The Covenants, Conditions, and Restrictions ( CC&Rs) governing many subdivision Homeowner’s Associations ( HOAs) impose restrictions on ADUs, and some ban ADUs altogether. Documents to your specific property may be made available upon request.Accessory dwelling units ( ADUs) have become popular during the run up in California real estate values.ĪDUs have been touted for several benefits, including increasing housing supply, creating affordable housing options, and supporting multi-generational households.īut ADUs have also faced stiff opposition on the grounds that they increase density, create problems with traffic and parking, and harm the overall neighborhood character. The following documents apply to all 91 homes at Kamakoa Nui and are made available for your use. Please use the Affordable Housing Homeowner’s Request Form to initiate your request. Homeowners must first request written consent from the OHCD before initiating a refinance, mortgage, or encumbrance (voluntarily or otherwise) of the property.

Workforce Housing Deed Rider for Kamakoa Nui Community: Exhibit “B” Buy Back Addendum & Exhibit “C” Shared Equity AddendumĮach owner has the right to make separate Mortgages, in accordance with the Deed Rider’s Restrictive Covenants for Kamakoa Nui.

The conditions under Exhibit “C” Shared Equity Addendum, will apply for 15 years. Declaration of Restrictive Covenants for Kamakoa NuiĪ homeowner may sell their property the County maintains first option to purchase the property, pursuant to the procedures, terms and conditions set forth under Exhibit “B” Workforce Housing Deed Rider For Kamakoa Nui Community.Kamakoa Nui Statement of Design Review Committee Rules and Design Guidelines.Homeowners must submit the application below prior to beginning their project. Design Review Committee (DRC) Applicationįor the Kamakoa Nui Community Development Subdivision, all construction on lots shall comply with the DRC Rules and Guidelines adopted by the DRC and shall in all respects comply with all federal, state and local laws, ordinances, rules and regulations including applicable Resolutions, County of Hawaiʻi Planning & Building Codes and Covenants, Conditions and Restrictions (CC&Rs). Further detail for specific requests can be found below. Homeowner’s may use the Affordable Housing Homeowner’s Request Form to initiate their request with the County. As such, homeowners must inform the County of changes including but not limited to: re-sales, home improvements, refinancing, and changes to title. Homeowner’s RequestsĪs part of the workforce housing program, OHCD imposes certain restrictions on all property developed or sold within the Kamakoa Nui community. This community of homes was developed to support and benefit low- to moderate-income residents employed within 45-miles from the community. The Office of Housing and Community Development (OHCD) completed the construction of 91 homes at Kamakoa Nui as part of an effort to assist with the development of viable communities in Hawaiʻi County.

Home building affordable housing and hoa covenants