2006-08-25 TPLANNING DIR. - Laserfiche WebLink

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acknowledged that the CC&R’s did not comply and as a builder and developer, the CC&R’s were civil legally binding contracts. And I don’t know how the folks over here write legally binding contracts but usually when they’re done signed and signed up by the County and accepted by the County, those CC&R’s are usually in compliance. Well, now, we have a company that wants to come in and route around the CC&R’s and go around the compliance of a CC&R, a legal binding contract. Any questions? ALAMEDA:Any questions? SIRACUSA:Are you going to pass that? ALAMEDA:Seeing no further questions -. WATANABE:Not of the applicant. I have a question for the Director. ALAMEDA:Okay. Hold on now. I want to just thank our testifier for coming out today, and I’m sure we’ll see you in Hilo. Thank you, again, for your testimony, sir. Commissioner Watanabe? WATANABE:Yeah, and I’m wondering because they may have a point with the CC&R’s, not so much as a matter of saying that this particular, ‘cause they seem to be taking this very personally as it’s only directed to this one and just this one subdivision; and I don’t believe that was the intent. And, however, what I’m thinking is that the Association would, indeed, have some enforcement rights through the CC&R’s, through the court system, in spite of this proposed amendment. What’s your take on that? YUEN:The enforcement of the covenants is a private matter to be taken to the courts. The County does not enforce private covenants. WATANABE:Yeah, I understand that. But what I’m saying is because the CC -, if they really feel strongly the CC&R, say, prohibit this, they could in that case then take this through the courts and see if the judge would agree with them. And, in spite of this, so this amendment could go through, yeah, it could affect other areas that possibly don’t have CC&R’s, or where there isn’t as much hostility with the neighborhood, within the neighborhood; and for those areas where they do have, well, they might have some recourse anyway through the court systems, which wouldn’t apply to anything that we’re doing. But it could be a vehicle for them, available vehicle for them to stop something like this? YUEN:Right. You can have something that’s permitted by the Zoning Code; and if there’s a covenant against it and if it is in other respects enforceable, then they can take it to a private, to a court and get enforcement. The question of enforcements of covenants as a, one of, yeah, there’s a lot of reasons why we don’t get into it. But I have to say that, number one, it’s a very much legal matter. The courts tend to look at the covenants very, as to draw them as narrowly as possible, they give them as a narrow a scope as possible. Second, if the court finds that there have been, that the covenant has generally not been enforced in the past, the court will not enforce the covenant. And it’s not possible for us to sit in the, typically in the Planning EXHIBIT D 23