Question: How can the city Department of Planning and Permitting approve an ADU permit in a neighborhood that has underlying documents/covenants/declarations on all the homes’ titles prohibiting multifamily use?
Answer: Because it issues permits without checking whether such restrictions exist. The city government makes clear that a private covenant prohibiting accessory dwelling units, or ADUs, takes precedence over the Honolulu law allowing them, but it leaves it up to the property owner to find out whether such a neighborhood rule is in place.
“The Department of Planning and Permitting does not enforce homeowners’ association rules. This is a private matter. We often will advise an applicant to check with their AOAO before submitting an ADU building permit application to be sure one is allowed. It is up to the homeowner to find out if an ADU is allowed under association rules and/or covenants,” said Curtis Lum, a DPP spokesman.
AOAO stands for Association of Apartment Owners.
If an owner obtains an ADU permit and proceeds with construction despite a restrictive covenant, the city doesn’t get involved, Lum said, considering it a private civil matter for the parties to resolve. The owners association may lift or enforce the restriction, sometimes through litigation.
An accessory dwelling unit is a home with its own kitchen, bedroom and bathroom, which may be attached to or detached from the primary residence on a single-family lot. Unlike ohana dwellings, ADUs don’t have to be occupied by family members. Building them has been promoted as a way to increase rental housing on Oahu.
Q: Is there a minimum rental duration?
A: Yes. Under the law an ADU may not be rented for less than six-month occupancies. However, Kokua Line receives frequent complaints that units described by their owners as ADUs are actually vacation units rented out for as little as a few days at a time.
Q: I recently saw signs posted at the Honolulu airport’s interisland parking lot that say maintenance is starting Aug. 20 until November and the parking lot will be closed. Is the entire interisland parking lot going to be closed? I called the main airport number, and they were not able to provide this information.
A: No, that whole parking lot won’t be closed, said Tim Sakahara, a spokesman for the state Department of Transportation. He’ll provide more details once they are finalized, but could confirm now that work on “exciting improvements” at the airport won’t close the entire parking garage for Terminal 1, which was formerly known as the Interisland Terminal.
Auwe
To the driver of a white luxury sedan on July 5. I was traveling in the right lane going west on Kalanianaole Highway with the green light. You made a right turn from West Hind Drive onto Kalanianaole Highway on a red light into my path without looking or any regard for oncoming traffic. I had to slam on my brakes very hard, and we came within inches of colliding. Your careless action nearly caused a disaster. Making a right turn on a red light is not a given. — Upset driver
Mahalo
Mahalo and aloha to the folks in the orange vests picking up trash along Pali Highway near the Olomana subdivision. We drove by at about 10:30 a.m. Thursday and are totally impressed by your actions. — From the Dozier/Garrison ohana
Mahalo
This is one huge mahalo to those fine people and organizations that funded the full tuition of 23 students attending the University of Hawaii medical school. This wonderful gift was reported by the Honolulu Star- Advertiser on the front page Thursday (808ne.ws/719sty). — Jim Pollock, Kaneohe
Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
