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SYNOPSIS OF DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS The following is a brief synopsis of the above Covenants, as they pertain to all and any improvements. The complete text, as recorded in the Bureau of Conveyances, State of Hawaii, in Liber 6446, was issued to all property owners at time of purchase. 1. ARCHITECTURAL COMMITTEE: Before any building, garage, wall, fence or any other improvement is constructed or maintained upon the lots or any alteration made thereto, a duplicate set of plans and specifications relating to said construction work shall be submitted to the Architectural Committee. (Addressed as above). One set must be the County approved plans, which will be returned (see also item 16.) (1. ARCHITECTURAL COMMITTEE. Certificate Of Extension Of The Architectural Committee Of The Leilani Community Association. Liber/Page 23129/783 Recorded May 1, 1989). 2. SINGLE FAMILY RESIDENCE: All lots shall be used for only single family residence, with only one such residence being permitted on any such lot. 3. GARAGE: Every residence shall have a minimum of a 2-car garage or a 2-car carport, which shall be considered as part of the residence. 4. MINIMUM SIZE: No residence shall be constructed which contains less than 800 square feet of livable ground floor space, exclusive of porches, lanai, and garage. 5. HEIGHT: No improvement shall be constructed that will exceed 18 ft. in height from the highest point of land within the perimeter of the structure. (5. HEIGHT. Residences and other structures built on lots must be built so that the highest point in elevation of the structure must be 18 feet or lower from the highest point of land in elevation on that lot. (No. 92-115 Findings of Fact, Conclusions of Law, Order Granting motion for Partial Summary Judgement; Judgement Recorded June 10, 1993). 6. TEMPORARY OR SEPARATE IMPROVEMENTS: No trailer, mobile home, tent, shack, garage, or other outbuilding shall be constructed prior to or during construction of a residence. 7. NUISANCE: No noxious or offensive activity shall be carried on upon any of said lots, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. 8. MATERIALS: All materials used in the construction of any improvement upon any portion of the lots shall be new materials only except that used decorative or structural materials may be used to enhance the appearance of the improvement. 9. FOUNDATIONS: No conventional sub-floor framing shall be exposed from any side of any residence. All sub-floor framing shall be concealed in a manner acceptable to the Architectural Committee. 10. DRIVEWAYS: Driveways shall be a minimum of 12 feet wide at the street and shall be paved during or prior to completion of a residence. (10. DRIVEWAYS. Driveway is area between a lot owner’s home and the boundary line adjacent to the roadway, the term “paved” allows the use of any smooth surface. (Civil No. 6865 Findings Of Fact, Conclusions Of Law And Judgment Recorded September 28, 1982). 11. ROOFS: Cedar shakes, cedar shingles, clay tiles, composite materials or metal, shall be among the approved roofing materials. 12. ANIMALS: Only dogs, cats, or other household pets may be kept on any of said lots, provided that they are not kept, bred or maintained for any commercial purpose and are otherwise kept in accordance with the zoning ordinances, rules, and regulations otherwise applicable to urban land use. 13. SIGNS: No signs of any kind shall be displayed to the public view on any of said lots except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent; or signs used by a builder to advertise the property during the construction and sales period. 14. RUBBISH AND TRASH: None of the lots shall be used or maintained as a dumping ground for discarded or old vehicles, rubbish, trash, garbage, or other waste. No such material shall be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. 15. ALL CONVEYANCES SUBJECT HERETO: All deeds, mortgages, agreement of sales, leases, or other conveyances made or delivered by any legal or equitable owner of any lot or interest therein shall be subject to the same covenants, conditions, and restrictions as in this Declaration set forth whether expressly contained in such conveyance or not. 16. BUILDING PERMIT: No work shall be commenced on the construction of any improvement until a building permit has been obtained from the Building Department of the County of Hawaii as required by law or ordinance. 17. COMMUNITY ASSOCIATION: Each owner shall be a member in good standing of the Leilani COMMUNITY ASSOCIATION, a Hawaii nonprofit corporation, and shall pay all assessments levied and billed according to law. Unpaid assessments shall constitute a lien against subject property, which may be enforced by suit for money judgement or may be foreclosed by the Association in the same manner as a real estate mortgage may be foreclosed. CONVENANTS RUNNING WITH THE LAND. These covenants, conditions, and restrictions shall run with the land, and are of record with the Bureau of Conveyances of the State of Hawaii. |
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