Categories: Design Review, Firm News
Byron R. Hanke and I wrote a book called, Design Review: How Community Associations Maintain Peace & Harmony. AmazonCAI The book is a short description of the architectural review process in layman’s terms. It covers design review authority, guidelines &procedures, facilitating compliance, and how Federal laws affecting design review. I should mention that the authors do not receive any royalties and the proceeds from the book go to the Community Associations Institute.
Categories: Design Review, Glossary
Design review is the process by which a community association regulates the overall appearance of the Project. The purpose of design review is to maintain, protect and enhance property values and to regulate changes which are otherwise detrimental to the community.
Categories: Glossary, Leasehold
The technical definition of “leased fee interest” is the Fee Simple interest in real property encumbered by a lease. Many people confuse “leased fee interest” and “fee simple interest”. If you own 100% of the interest in real property, you own the real property in fee simple. The owner of real property in fee simple can do many things with the property including selling the property, mortgaging the property or leasing the property. If the [Read More...]
Categories: Governing Documents, Hawaii Legislation, Leasehold
On July 22, 2005, the Hawaii Supreme Court ruled in Association of Apartment Owners of Maalaea Kai, inc. v. Stillson that the purchase of the leased fee interest by the condominium association was proper. This is the second appeal in this case. The case began when Stillson failed to pay his maintenance fees. After several demands, the Association filed a notice of lien and then sought to foreclose the lien. Stillson claimed that the Association was prohibited from purchasing [Read More...]
Categories: Enforcement, Fair Housing & ADA, Federal Law & Regulations, Glossary
The Federal Fair Housing Act and the Americans with Disabilities Act provides protections for people with disabilities. The Fair Housing Act uses the term, “handicap” while the Americans with Disabilities Act uses the term, “disability” but they are defined the same. A person with a disability is someone who: (1) has a physical or mental impairment which substantially limits one or more major life activities (i.e., caring for one’s self, performing manual tasks, walking, seeing, breathing, etc.); (2) has [Read More...]
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