Hawaii CC&R's & Associaton rules

i am building a new home in a subdivision with an association that must approve all house plans. they have denied my house plans due to the fact that i had an open carport in my plans.....their denial letter states.... "we(the association) do not allow carports at this time, please resubmit your plans to reflect an enclosed garage." however the cc&r's reads exactly as follows....parking space shall be provided for all vehicles regularly kept at the site. this may be a garage or carport stalls screened from the street if practicable. where practicable, garages without doors should be oriented so as to eliminate a straight in view from the street. garages having such a view shall be kept in neat & sightly condition......

do they have the legal right to do this? it will cost me another few thousand dollars out of pocket.....

[Edited by poiboiz on 07-11-2001 at 04:12 AM]

[JETX]

And it will probably cost you more to find this case in court.

Your choice:
1) Accept the finding and make a garage.
2) Fight the finding, spend a lot of money and even if you win, you will lose in the long run.
3) Build somewhere else.

[HomeGuru]

Pay the money and have a nice secured garage.
It will cost you more than a few bucks since your architect will need to add a garage door (you should have an automatic door operator) and redesign of the common wall is needed. The wall between the garage and the house must be a firewall that requires fire-rated Type X 5/8 drywall. Same for the ceiling if there is no firestop/draftstop. The passage door (if there is one) leading from the gargage into the house must be fire-rated and have a self-closing mechanism.