Legal Question in Real Estate Law in Hawaii

homeowners associations

If a subdivision developer establishes CCRs that run with the land (but expire in 25 years), goes bankcrupt, what happens? Can someone else come along before they expire and establish new CCRs?


Asked on 5/02/07, 11:42 pm

1 Answer from Attorneys
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: homeowners associations

CC&Rs are more than just Developer's rules. They are also an agreement with the City and County or County in return for Final Subdivision Approval. Therefore, they will continue for the 25 year period. The CC&Rs should have a clause in them that allows for formation of an association. The board of the association can change the CC&Rs so long as it does not effect the original subdivision approval from the County, etc. Aloha, Jonny Zahaby

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Answered on 5/03/07, 12:00 am


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