Preserving Existing Views
The state of the real estate market in Maui right now has attracted many cash buyers from off-island with seemingly unlimited funds able to make offers over the list price. Due to its location and ocean views, Kuau Bayview is in high demand and many owners are concerned about the prospect of new owners destroying the character and peace of the neighborhood by building second stories on one-story houses.
The official purpose of the Kuau Bayview at Paia Homeowners' Association is recorded on the DCCA website as follows:
"TO PROVIDE FOR THE MANAGEMENT, MAINTENANCE, LANDSCAPING, PROTECTION, PRESERVATION, AESTHETIC AND ARCHITECTURAL CONTROL AND DEVELOPMENT OF THE SUBDIVISION"
It could be considered that one aspect of the "protection" role of the Association is the protection of existing views for all owners when it comes to the prospect of adding a second story to a one-story house. During the development stage from 1996 to 1998 when the houses were being built, of course A&B could not dictate what house model buyers would choose for their empty lot. All original owners know that virtually every buyer chose their lot based on the view of the ocean they would have. Some were disappointed when a 2-story house was chosen for the empty lot in front of them, but that was just the luck of the draw in a new development. Now that all the houses are built and the views have been established for twenty years, and everyone is relatively happy with the status quo, it would be devastating for any owner to lose their view due to a one-story house below them suddenly becoming a two-story house.
We are trying to get a sense of how many owners would be in favor of adding a "view plane restriction" to the DCCRs to establish a policy to prevent one-story houses from adding a second story UNLESS the house is located along the top border of KB, OR the prospective builder can provide written consent from all owners whose view would be affected. This amendment would require written consent from 62 owners. It is best to plan ahead by establishing a policy BEFORE anyone has formally requested approval from the Design Committee to add a second story so that there can be no accusations of discrimination or prejudicial treatment. Please provide feedback on this proposal so we can determine how many owners would like this policy established. As one owner opined, "This intimate community could slowly turn into a funky Maui Meadows etc. with no regard for each other for sure =(." Mahalo.