Kuau Bayview Design Committee Rules

  1. Design Review Procedures
  2. Landscaping
  3. Fences, Walls, Hedges, and Trees
  4. House or Driveway Alterations under $20,000
  5. House or Driveway Alterations over $20,000
  6. Overall Design Committee Comments

The Kuau Bayview Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is the basis for this 'Design Committee Rules' document which is an effort to clarify, simplify, and define processes for homeowners to follow when engaging the Design Committee and the Association of Kuau Bayview.

General Design Committee information: CC&R p14 item 12

Committee Organization

The Design Committee is volunteer. It has one chairperson who is also on the Board of Directors, ? committee members, and 1 alternate.

Meetings: The Design Committee shall meet as needed to review applications submitted.

Submittals from homeowners.
2 copies of proposed plans, specifications, letters, schedules shall be submitted to the Board as soon as possible in advance of commencement of the proposed alteration.
The Board will forward submittal to the Committee.
The proposed plans will be reviewed/discussed by the Committee at the next meeting.
The proposed plans will either be approved or not. Approvals may be subject to Design Committee conditions. Approval requires three signatures.
A notification letter with one copy of plans initialed by the Committee members will be sent to the homeowner.
One copy will be filed with the Design Committee in the owner file.

Violations of items submitted.

In the event the agreed-upon conditions in the notification letter change or are incomplete or go beyond the agreed schedule, the homeowner is in violation of the CC&Rs. At that time the Design Chairman notifies the Board. The Board will then enforce the remedy of their choice. For potential 'remedies' refer to CC&R p13-14 item 11, 'Enforcement of this Declaration'. Specifically item 11 B. REMEDIES. All Remedies are at the homeowner's expense.

LANDSCAPING

The Design Committee will not request any landscaping plans. The Association will be notified of any violations and will choose a remedy to enforce the CC&Rs.

Reminder CC&Rs:

Landscaping standards. CC&R p11 item 10 (d) 1.
"The lot shall be landscaped and maintained in a manner consistent with that of a first-class residential development. Landscaping shall be commenced on or before ninety (90) days after initial occupancy of the dwelling and shall be completed on or before one (1) year after initial occupancy of dwelling."

CC&R item 10 (e). Lot Maintenance
"...shall at all times keep and maintain the lot in an attractive manner, free of tall grass or weeds, trash, litter, & debris..."

General reminder

At its inception, the Association chose to have each homeowner take care of the County strip located between the owner's property and the adjacent County roadway, containing trees and approximately 3.5 feet of ground area next to the sidewalk. Please note that corner lots have two County strips. This means the area shall be landscaped, weeded, and watered at all times by the owner of the Lot. In addition, County Ordinance 12.02 requires that the sidewalk be kept clean and unobstructed at all times. The trees belong to the County and there are severe penalties (up to $1000 fine) for cutting down or neglecting to water these trees.

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FENCES, WALLS, HEDGES (used as a fence only), & TREES (CC&R p11 Item 10(b) xviii)

The Design Committee requests 2 copies of the following to be submitted to the Design Committee:

  1. a Location or Plot Plan
  2. required permits
  3. height notations (from average finish grade of property)
  4. material selection
  5. color selection
  6. schedule of work
  • Plot plan drawing must portray lot with house, driveway, property lines, future fence or rock wall or hedge used as fence, and height notations along each side.
  • For a retaining wall over 3'-0" in height, please provide the engineered drawings and the county permit, if available, for review.
  • Material specification and color selection. For example:
    • Rock: blue rock, lava, river rock, cinder block with colored plaster veneer
    • Wood: Cedar 1x6, painted, color & style
    • Hedge: hibiscus, mock orange hedge to be kept trimmed below 6'
    • Vinyl: Color, style
  • Schedule of work: What are the start and end dates of the project? Will work be done on weekdays, or weekends? What hours of the day will noisy activities start and end?
Guidelines:
  • The maximum height allowed for fences (or hedges-used-as-fences) of acceptable type is 6'-0". This is measured from the finished grade level of the lot. Plot Plans for most lots are available for download on the House Details page. Each homeowner signed off on a Plot Plan to layout house for the original purchase agreement with A&B.
  • Smooth face Concrete Masonry Unit (CMU, cement block) is not allowed as a finish face. A veneer must be applied. Split face CMU is acceptable.
  • Double fencing along property lines is not allowed. If grade change between property lines is substantial, exceptions may be made.
  • Violations of items submitted and approved shall be reviewed and a remedy chosen by the Association in accordance with CC&R's p13,14 item 11B Remedies. All Remedies are at the homeowner's expense.

HOUSE or DRIVEWAY ALTERATIONS under $20,000

Please refer to the CC&R's p12 item 10 (f) i. Architectural Controls.

The Design Committee requests 2 copies of the following to be submitted:

  1. A Location/Plot Plan showing alteration to scale, dimensions, required set backs (County ordinance), drainage changes.
  2. A ¼" scale floor plan showing dimensions.
  3. Four 1/8" scale exterior elevations of proposed alteration showing dimensions, roof heights, and all materials specified for finish work.
  4. Color selections.
  5. Building permit if required by County of Maui.
  6. Architect or engineer's stamp if required by County of Maui.
  7. The construction schedule of work.
Guidelines:
  • Any alteration to your house or Lot must be approved by the Design Committee prior to ordering materials, or any construction. This is to protect you, the homeowner.
  • Construction schedules shall be as short as possible and will be at reasonable hours 8 am to 5 pm and if possible not on weekends. Any operation generating excessive noise will be limited to 9 am to 5 pm weekdays.
  • In general, the front area of the homes cannot be substantially altered, as the character of the neighborhood would be lost. Small changes might be approved.
  • In general, the back of our homes must be kept up, no eyesores, no permanent exterior equipment such as an outdoor washer/dryer.
  • At all times colors and standard materials must be cohesive with the architecture, whether back or front.
  • All alterations shall blend in proportionally and follow other basic design criteria to enhance the subdivision. If we are successful, our property values will continue to increase.

HOUSE ALTERATIONS over $20,000

Please refer to the CC&R's p12 item 10 (f) i and ii. 'Architectural Controls', and 'Procedures for Submitting Plans'. In general, major alterations require extensive Architect-stamped plans and specifications, County permits, communication with General Contractor, Bonding, etc.

IMPORTANT!   Please submit 'preliminary plans' (CC&R 10 (f) ii A) for review to the Design Committee first. The Committee will then approve or disapprove in preliminary design. The homeowner will then not have incurred substantial costs for 'Final plans' (CC&R 10 (f) ii B) in the event of disapproval.

Overall Design Committee comments:

  • Please remember that committee members are homeowners. They are not exempt from the rules and must go through the same process. They cannot vote on their own submittals.
  • The Design Committee members are unpaid volunteers. Please respect their time.
  • If you see a violation, please put it in writing and submit it to the Board. The Board will respond to your letter. Your letter will be kept confidential. Verbal reports will not receive a formal response.
  • If you have any other questions or comments, please call the Board and they will put you in touch with the appropriate person.

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