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Illegal Ohana Example:

For reference, it is owned by Linda Shoppe and located at 52 Kawehi Place in Kula, though the driveway for the cottage fronts Olu'olu Place.

This is a typical Maui example that MauiMovingSource.org learned about from the zoning board. When construction is complete this would have been a very nice 700 square foot 2 bedroom, 1 bath cottage complete with washer, dryer and kitchen. The owner applied for an ohana zoning permit but was denied because the road is too narrow. Without the permit, no one can legally live in the dwelling. The owner then applied for and received a permit to make the building an art studio. All good so far. With the art studio permit in hand, the owner then illegally continued with plans to make it into an ohana (even installing a illegal kitchen, art studio's can't have kitchens) and went as far as to attempt to rent it.

For the Renter:
This is why it's so important to make sure your potential home has the proper permits. If you were to visit this cottage upon completion you would have no idea that it was illegal based upon how it looked. Just because it meets health code, doesn't mean it passes zoning code.
If you don't do your homework, you could be evicted by the County with no forewarning.

For Property Owners:
There are a lot of shifty builders on Maui who will try to convince you that it's ok to skirt zoning laws. Once the unit is complete they ride off into the sunset with your cash and leave you to deal with the zoning violations. Do not allow any builder to provide you with legal advice about zoning regulations or about what you can "get away with." The builder may not have your best interest at heart. Instead, hire a good lawyer and consult directly with the County of Maui Planning Department of Zoning Administration & Enforcement at 270-7253.

With proper research and transparency you can avoid major hassles down the road.

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