Covenants and Restrictions for Waialae Iki Ridge are recorded at the Bureau of Conveyances for each of the 625 properties in the three units of the subdivision.
The development was originally owned by the Bishop Estate. When they sold the Fee interest in the land to the homeowners, they recorded the Declaration of Protective Provisions, which was provided to you along with your deed. The purpose of the document is to maintain the residential character, and provide for the residential amenities to preserve the area as an attractive residential district. Now, we as owners, are now responsible for upholding the CC&R’s. Each one of us should be mindful of these Covenants and Restrictions so that our neighborhood remains as originally intended: a View-Centric community of Single Family Homes. Read a Legal Brief by Attorney William (Bill) Byrns regarding Restrictive Covenants Covering Waialae Iki Ridge Units II, III & IV.
You may also want to read a Legal Brief by Bill Byrns on the topic of ADU’s (Accessory Dwelling Units) as they related to WIRCA.
Originally adopted by the Board as an interim document in February 1976, and ratified at a subsequent meeting of the general membership. Amended at the annual meeting of the membership on November 9, 2000. Subsequently amended at the annual meeting of the membership on November 9, 2016.
Click to read the By-laws
What Rules Apply to Solar Installations?
Units II, III and IV of the Waialae Iki View Lots subdivision are subject to the Declaration of Protective Provisions, recorded by the Bishop Estate, prior to selling the fee interest in the land to each homeowner. Units III and IV have specific building restrictions including amongst others, building height, lot coverage, and view channels designed to protect a portion of the view for each lot. The right to enforce all applicable covenants and restrictions was passed onto the homeowners themselves in the Declaration of Protective Provisions.
Because WIRCA is a voluntary community association with no authority to enforce covenants, we do not review or approve plans for the installation of solar energy devices. It is the homeowner’s responsibility to ensure compliance with their specific covenants and restrictions.
HR 196-7 states that any private entity with the authority to enforce covenants and restrictions cannot prevent the installation of solar energy devices on a single-family residential dwelling. However, since HR 196-7 specifically reserves the right to install solar energy devices, it is more important that the homeowner try to limit any potentially negative impacts the devices might have on their neighbors’ view.
Designing a system that minimizes glare and slopes away from neighbors above, would be beneficial. Placing the solar panels on parts of a roof that are already at an angle would also be a solution, as would keeping them flat and having a slightly less optimal orientation.
It will behoove you to share your plans with your neighbors for this, or any other construction work, that could impact their views. This way you can work out any concerns they may have prior to the work beginning.