DEFINITIONS
MDG 1
MDG 1.1
Accessory Structures. Accessory Structures shall mean structures other than the main dwelling, including but not limited to storage containers, sheds, kennels, lanai coverings, trellis, sunrooms, gazebos, and equipment enclosures.
MDG 1.2
Construction. Construction shall mean any action to construct, reconstruct, refinish, alter, modify, maintain or add to any improvement on the Owner’s Unit, or install any utility line (wire or conduit) thereon; grading or land altering activities; or the removal or addition of any trees from a Unit.
MDG 1.3
Design Guidelines. Design Guidelines shall mean The Maui Lani Community Association Master Design Guidelines.
MDG 1.4
DRC. DRC shall mean the Maui Lani Community Association Design Review Committee.
MDG 1.5
Governing Documents. Governing Documents shall refer to the Association Declaration, Bylaws, the Rules and Regulations, the Master Design Guidelines, Articles of Incorporation, the Supplemental Documents, and the Public Offering Statement.
MDG 1.6
Owner. Owner shall mean one or more people who hold the record title to any Unit.
MDG 1.7
Licensed Professional. Licensed Professional shall mean architects, landscape architects, contractors, and engineers currently licensed in th eState of Hawaii and qualified to design, prepare and/or stamp plans submitted to the DRC for review.
MDG 1.8
Screening Material. Screening Material shall be defined as landscaping material (with a minimum mature height of three feet), exterior finish material, lattice, fencing, or walls that match or are compatible in appearance and color with the main structure and shall screen the item(s) from view of the street, golf course, and adjacent properties.
MDG 1.9
Unit. Unit shall mean a portion of the Property which has been subdivided and conveyed to an Owner.
INTRODUCTION
MDG 2
The Association Design Guidelines, the Declaration, and Supplemental Declarations (“Governing Documents”) have been developed as an information source for Owners, prospective buyers, design professionals, contractors, and real estate agents. It is the responsibility of the Unit Owner to obtain the most current Association Governing Documents prior to commencing with the design process. The Association staff and the DRC are unable to assist in preparing and/or revi sing plans. The Unit Owner seeking design approval from the DRC shall bear all costs, including reasonable architects, engineers, attorneys and overhead charges, incurred by the Association in connection with reviewing and approving plans and specifications. The DRC may charge a design review fee and adjust the fee from time to time. The DRC or the Board shall have the right at any time, in its sole discretion, to amend, waive, grant variances to enforce or not enforce any of the provisions and requirements herein without any liability whatsoever to any Unit Owner or other person. Any variance, waiver, or non-enforcement shall not affect the application or enforcement of these Design Guidelines within the Maui Lani Community. Prior to, or immediately following the transfer of ownership of a Unit, all non- compliant or unapproved construction is required to be brought into compliance with the current Design Guidelines. With all reviews, the DRC shall make its decision based upon whether the submitted plans comply with the overall standards of the Maui Lani Community and the intent of the existing Design Guidelines and Governing Documents. The review and/or granting of any approvals by the DRC of any item submitted to the DRC shall in no way constitute or should not be construed as a representation, warranty or agreement by the DRC, the Declarant, The Association or any of their members, Directors, Officers, Employees Consultants, Agents, Successors or Assigns that such item (1) had been prepared free of defects, is of good workmanship or free of design and construction defects, (2) will result in improvements which are readily marketable or add value to the Unit (3) will result in a government entity’s or any other person’s approval, or (4) is in compliance with building code or other applicable legal requirements. Neither the DRC, the Declarant, The Association nor any Directors, Officers, Employees, Consultants, Members, Agents, Successors or Assigns shall be liable to any lot owner or to any other person for any damage loss or prejudice suffered or claimed on account of either the approval or rejection of the plans, drawings, specifications or of the actual construction of any improvements, pursuant to the Declaration or these Design Guidelines whether or not the decisions were defective or erroneous and/or whether or not they were in compliance with the Declaration and these Design Guidelines.
DESIGN REVIEW PROCESS
MDG 3
Initial Submittal
MDG 3.1
3.1.1 Owners with unresolved unapproved alterations, Notices of Violation or account delinquencies are not permitted to submit a DRC application until the Unit Owner is in good standing with the Association. 3.1.2 Unless otherwise determined by the DRC, architects, landscape architects, contractors, and engineers currently licensed and registered in the State of Hawaii shall design, prepare and certify plans for the submittal. 3.1.3 The Owner shall utilize industry standards for the design of architecturally consistent and aesthetically pleasing improvements. 3.1.4 The Unit Owner’s complete submittal shall include: 3.1.4.1 DRC application with two copies of all documents and applicable DRC fee. 3.1.4.2 Plans, drawn and designed to a professional standard and a minimum of 1:10 or 1:8 scale. 3.1.4.3 A site plan detailing the proposed construction as well as the location and height of all existing walls and/or fences located on adjacent properties. The site plan shall also include building locations, driveway location, roof overhangs, setbacks, pools, spas, and other equipment with screening materials. 3.1.4.4 Grading and drainage plan for any ground altering work, and which shall be prepared and stamped by a licensed engineer. All existing and proposed finish grades shall be noted on plan. 3.1.4.5 Architectural and/or engineered plans shall show floor layouts, roof structures, location, material, exterior elevations, measurements, and cross sections of the Unit’s existing and proposed improvements. Plans shall include fences, walls, hardscape, and landscape. The bottom and top of wall shall be noted for all new and existing fences and walls. 3.1.4.6 Exterior color brush outs submitted on a minimum 8. 5 ” x 1 1 ” sample card, an exterior elevation drawing or picture of the house with the location of the color and the proposed or existing roof color. 3.1.4.7 Product specification sheets and brochures as may be needed to accurately convey design elements to the DRC. 3.1.5 The DRC will review and provide a written response via USPS mail within twenty (20) business days of a complete submittal. In making its determination, the DRC shall use reasonable standards of the industry and the community characteristics in approving high quality, aesthetically pleasing house plans, site plans, and landscape plans. Verbal i ndications from Association employees or the DRC are not a valid approval.
Revisions
MDG 3.2
3.2.1 If plans are submitted without a scale, the DRC shall return the application without review. 3.2.2 The DRC may provide the Unit Owner with a written notice of required revisions. The Owner shall then submit a complete Required Revi sions Form and two sets of professionally revised plans. All required revisions shall be clouded and clearly identified in the plans. 3.2.3 The revised plan must be submitted for review within six (6) months of the written notice, or the review process will be deemed terminated. Upon termination, the application, plans, and additional review fee must be re- submitted for a new review.
Preliminary and Final Approval
MDG 3.3
3.3.1 Upon securing the DRC’s written preliminary approval, the Owner shall submit a copy of the building permit issued by the County of Maui, and a copy of the plans as approved and stamped by the County of Maui for the building permit process, when applicable. The DRC will review those plans for conformity to the approved plans on file. 3.3.2 New construction requires the Unit Owner to submit a damage and compliance deposit in the amount established by the DRC. 3.3.3 The DRC’s final approval shall be valid for one (1) year from the date of the written approval letter. If substantial work has not commenced or continued within that time, the project approval will be deemed terminated. Upon termination, the application, plans, and an additional review fee must be submitted for a new review. Any alterations to a Unit (i.e. extensions, additions, walls, hardscape, landscaping, fences, pools, gazebos, lanais, patios, etc.) or changes to the approved final plans, must be submitted in writing to the DRC for review, prior to commencement of any changes. 3.3.4 Within five (5) days of completion of the project, the Unit Owner and/or Contractor is required to call the Association for a final inspection. Failure to schedule a final inspection will result in a fine.
DESIGN STANDARDS
MDG 4
House Design
MDG 4.1
4.1.1 The minimum living area for a single-family house shall be 1,100 square feet, except for Units located on the golf course which shall be a minimum of 1,200 square feet. 4.1.2 Tents, mobile homes, temporary structures, "Ohana" dwellings, cottages, or Units with separate kitchens and/or separate entra nces are prohibited. 4.1.3 Houses such as pole houses, geodesic domes, cedar "log style" homes, structures with "A" frame roof lines, factory-built structures which have been pre-assembled or pre-cut for assembly and other architectural styles, which in the opinion of the DRC, the Board and/or the Declarant are not compatible with the community, are prohibited. 4.1.4 Two story homes shall be designed so that the roof lines and exterior details, including lanais, trellises and staggering wall planes, both articulate the exterior elevations and separate the floor levels to avoid a monotonous, "box-like" appearance. 4.1.5 For Units located on the golf course, the house and all accessory structures (including lanais), shall be setback a minimum of f iv e (5) feet from top of slope. The top of slope must be identified and documented (pictures and stakes) by the Owner prior to start of construction. 4.1.6 The exterior finish material of the house shall be: 1) wood, 2) Hardi- plank or similar lap siding, 3) concrete fiberboard, 4) stucco or plaster finish systems, and 4) other exterior finish systems (ex. Panelized stone systems) as may be approved by the DRC. 4.1.7 Plain-surfaced plywood, vinyl siding, metal siding, split-faced CMU block, decorative "cut-out" CMU block, smooth CMU/hollow blocks are prohibited exterior finish material for house construction. 4.1.8 No part of the exterior of any Unit shall be unfinished. All materials such as metal, plastic, vinyl, flashing, sheet metal and vents, equipment enclosures or apparatus attached to the exterior of the main dwelling shall be pre-finished or finished to match or complement the part of the dwelling being served except copper gutters and accents approved by the DRC.
Exterior paint colors
MDG 4.2
Color selections shall be subtle and shall be selected from a muted earth tone palette. Professionally coordinated color palettes that deviate from muted earth tones may be approved by the DRC. Trim colors shall be monochro matic, tone- on-tone or a complementary contrasting color.
Roof Design for House and Accessory Structures
MDG 4.3
4.3.1 At least 85% of the total roof area of the house shall have sloped roofs equal to or greater than 4:12. 4.3.2 Mansard roofs are not permitted. 4.3.3 Roofing material for the sloped roofs shall be: 4.3.3.1 Clay, concrete, or ceramic tile. 4.3.3.2 Wood shingles (No. 1 Blue Label) or wood shakes. 4.3.3.3 Asphalt shingles. 4.3.3.4 Other material approved by the DRC. 4.3.4 No metal roofing, plywood, plastic, or rubber membrane is allowed. 4.3.5 No mechanical equipment, other than solar heating or photovoltaic panels, shall be placed on the roof. 4.3.6 A pent roof (“lean-to roof”) shall be limited to accessory structures, as may be approved by the DRC. 4.3.7 Roofing material shall be installed according to the manufacturer's specifications and standards. 4.3.8 Skylights are to be designed as an integral part of the roofing system and shall be of non-reflective color.
MDG 4.4
Other – Solar, AC, Pool Equipment, Mechanical, Tanks, and Refuse Bins 4.4.1 All other exterior appurtenances to a house including but not limited to air condition units, propane tanks, electrical meters, solar batteries, utility boxes, inverters, pool equipment, utilities and refuse receptacles shall be located: 1) adjacent to the house structure, 2) within the buildable area (not in setbacks), and 3 ) on the side elevations of the house. An approved Screening Material shall be installed with appurtenances (ref. section 1.8 Screening Material.) 4.4.2 All utilities, wires, and conduits shall be underground or enclosed in a conduit, painted to match the exterior of the Unit. 4.4.3 Window-mounted or wall mounted air conditioner units are prohibited.
Grading and Drainage
MDG 4.5
4.5.1 Grading, drainage plans, and drywells plans shall be prepared and/or reviewed and certified by a licensed professional. The licensed professional shall field verify all existing conditions including the top of slope for Units adjacent to the golf course. 4.5.2 There shall be no interference with the established surface drainage pattern established over any Unit which affects another Unit or Association property. No additional drainage may be directed towards the golf course. 4.5.3 No activities shall be undertaken on any slope banks which might alter the top of the slope, damage or interfere with established slope ratios, create erosion or sliding problems, or which may change the direction of flow of drainage channels or obstruct or retard the flow of water through drainage channels. 4.5.4 Unit grading shall be limited to excavation not to exceed three feet and embankment not to exceed two feet. The DRC may grant a variance if it determines that a unique or extraordinary condition exists.
Garage and Driveways
MDG 4.6
4.6.1 All houses must have an enclosed garage that is set back at least twenty (20) feet from the front property line. 4.6.2 All driveways and aprons must be paved with concrete or Grass-crete. 4.6.3 Driveway extensions may be considered if they comply with the following: 4.6.3.1 Driveway extensions are limited to a total of twelve (12) feet in width and shall not extend beyond the Unit boundary. 4.6.3.2 Driveway improvements shall not interfere with the established surface drainage pattern established over any Unit which affects another Unit or Association property. 4.6.3.3 A 1. 5 -foot landscape buffer area is required between the front property boundary and the proposed driveway extension to reduce the visual impact of the extended driveway. The landscape buffer material shall be shrubs with a minimum mature height of three feet. 4.6.3.4 The use of Grasscrete installed with the same approved grass species as the Unit lawn may be considered for driveway extensions and do not require a landscape buffer.
Accessory Structures – Storage, Kennels, Play Equipment
MDG 4.7
4.7.1 Construction materials for accessory structures shall be new or in like- new condition and finished or painted to complement the main dwelling. 4.7.2 Double-sided, split-faced CMU block with integral color complim entary to the existing dwelling shall be allowed for accessory structures on Units not adjacent to the golf course. 4.7.3 Storage structures shall be constructed on a concrete or post and pier foundation and shall be located within the buildable area. The roof design, including color and material, shall complement the main dwelling. A maximum of two storage sheds or structures is permitted on each lot. 4.7.3.1 Storage sheds or structures constructed of wood shall have a maximum height of six (6) feet measured from the foundation to the top wall plate and a maximum area of eighty (80) square feet. 4.7.3.2 Resin storage sheds may be considered if the storage is located adjacent to the house and does not exceed fifty (50) square feet. 4.7.3.3 Prefabricated metal storage sheds are prohibited. 4.7.3.4 All electrical wiring to the accessory structure shall be underground and installed by a licensed electrician. 4.7.3.5 No plumbing is allowed except for an exterior hose bib. 4.7.4 Dog kennels shall be in the backyard only, and a site plan shall be submitted showing the location, size, and materials to be used. The DRC may require setbacks when the proposed kennel is adjacent to common areas and/or the golf course. The dog kennel shall be appropria tely sized and designed for the health of the dog, but at no time shall the kennel area exceed 50 square feet. 4.7.4.1 Kennels shall be screened from view, from adjacent properties, and from the golf course as much as reasonably possible. 4.7.4.2 A concrete foundation shall be constructed for the kennel. 4.7.4.3 Sunbrella Fabric or similar material may be used for sun and weather protection (e.g. Shade sails). The use of “blue tarps” or polyethylene coated nylon weave is prohibited. 4.7.4.4 All kennel construction shall be properly maintained. Rusted or significantly bent wire shall be replaced or repaired, and any fabric with tears or severe fading shall be replaced immediately.
Walls and Fences
MDG 4.8
4.8.1 Wall heights shall be measured from the bottom of the exposed wall including any exposed footing to the top of the wall, and retaining wall soil retention shall be measured from the finish grade on each side of the wall. 4.8.2 Walls and fences shall be constructed of new materials, and the approved wall and fence new materials are as follows: 4.8.2.1 Rock walls. 4.8.2.2 Redwood or cedar fencing. 4.8.2.3 Aluminum or wrought iron fencing, subject to the approval of the style and color by the DRC. 4.8.2.4 Vinyl fencing. 4.8.2.5 CMU with stucco or plaster finish on both sides of the wall colored to complement the exterior house color. 4.8.2.6 Double (two-) sided splitfaced block for non-retaining walls on boundary lines not adjacent to the golf course. 4.8.2.7 Split-faced block, keystone, or anchor blocks for retaining walls on boundary lines and for the one-foot perimeter garden wall near the top of slope adjacent to the golf course (Ref. Golf Course Lot Perimeter Wall illustration.) The exposed flat side of the block shall not exceed ½ of the block height. 4.8.2.8 Prefabricated wall system products installed and inspected by a contractor or person certified in installation per manufacturer’s specifications. 4.8.2.9 Other material approved by the DRC. 4.8.3 Chain link and rolled bamboo fencing is prohibited. 4.8.4 Back-to-back walls, fences, or a combination thereof are prohibited. “Back-to-back” shall be defined as creating two parallel fences/walls with a narrow gap of thirty-five (35) inches or less. Owners that share a property boundary shall coordinate walls and fences with adjacent Owners. 4.8.5 For walls or retaining conditions over six (6) feet in height, a wall system shall be designed where each wall or wall/fence combination does not exceed the maximum allowed height of six (6) feet. The wall system plan shall provide for a minimum space of three feet between each wall measured horizontally from the front face of the lower wall to the front face of the upper wall. A landscape plan shall be included in the wall system application for the terraced portion between the walls. 4.8.6 Retaining walls exceeding four (4) feet in height and retaining three feet of grade require plans prepared and stamped by a licensed professional and a building permit. 4.8.7 Walls and fences, that are over three feet in height, are located at the front property line, and are adjacent to the street (side property lines adjacent to the street are specifically excluded), shall be setback a minimum of thirty inches from the front property line to create a landscape border along the property boundary. 4.8.8 Units with less than 4,000 square feet are exempt from the setback. No setbacks are required for walls or fences adjacent to alleyways or other private access easements unless mandated by the County or State. 4.8.9 The Owner shall confer with the County to determine that fences, walls, and plants are installed to County code for vehicle sight distance. 4.8.10 For Units with boundaries on or adjacent to the golf course, the approved fence material is a four-foot high, black, aluminum fencing manufactured by Ameristar, "Majestic" style, or as specified by the DRC. The fence may be installed on a perimeter wall. The perimeter wall shall not exceed the height of one foot measured from the top of the footing to top of wall, and it shall be constructed of approved material. 4.8.11 The fence shall be located on the top of the slope of the finished lot pad or within three feet of the top of slope. 4.8.12 Except for the four-foot-high black aluminum fencing and the on e-foot- high perimeter wall, no other fences or walls shall be built along the boundary line of Units adjacent to the golf course. (Ref. Golf Course Lot Perimeter Wall illustration.)
Landscape
MDG 4.9
4.9.1 To ensure the neighborhood is attractive and livable, landscape installation must be started within ninety (90) days from the completion of the house and completed within one hundred twenty (120) days. 4.9.2 A minimum of 50% of the unimproved portion of the lot (i.e. lot minus house pad, slope bank adjacent to the golf course, and original driveway) shall be landscaped with lawn, ground cover or other living plant materials. 4.9.3 Some plant and tree types, including but not limited to Fichus, Bamboo, Schefflera, Monkeypod, Royal Poinciana, Banyan, Norfolk Pine trees or large fruit trees are prohibited. The DRC may prohibit other plant materials determined to be invasive or a nuisance to adjacent properties. 4.9.4 The landscape within the street right of way (including street trees) adjacent to the Unit’s property line shall be planted and maintained by the Owner. Removal of street trees is prohibited. 4.9.5 Ornamental plants and plant containers may be used as an accent to in- ground landscaping but shall not to be used as a substitute for landscaping. Black nursery pots are prohibited. 4.9.6 Synthetic lawn may be considered by the DRC for installation along the sides and rear of the property. Such material may not be installed past the front plane of the Unit, is limited to the flat surface of the lot, and must not be installed on sloped areas of the lot. 4.9.6.1 Synthetic lawn material shall be a minimum of sixty (60) ounces face (tuft) weight and shall have a manufacturer’s product warranty of eight years or more. Installation shall be in accordance with the manufacturer’s specifications by a contractor certified for installation. 4.9.6.2 For those Units that have boundaries adjacent to the golf course, a landscape edging with a minimum height of three inches measured from the top of soil or finished grade shall be installed along the rear property boundary along with the synthetic lawn. 4.9.7 Vacant Lots: Units (lots) vacant for a period of sixty (60) days or more shall be maintained in a neat appearance with appropriate measures taken to control dust and to stabilize the lot pad and lot slope(s) with temporary irrigation and grass, groundcover or approved gravel products. 4.9.8 There shall be no alterations to the slope bank adjacent to the golf course. Fences, walls, terracing, grading, stairs, trees, and gardens are strictly prohibited. 4.9.9 The DRC in consultation with the golf course shall approve the type and location of ground cover on the Owner’s slopes adjacent to the golf course. All proposed landscape plans shall include the location of boundary pins and adequate edging material such as plastic, brick, or concrete curbs to stop landscaping from encroaching on golf course property. 4.9.10 Prior to installation of irrigation and landscape on the slope bank, the Owner shall make visible all boundary pins. The Owner shall be liable for the restoration of golf course property damaged by over landscaping onto the golf course properties.
Swimming Pools, Spas, Hot Tubs, & Water Features
MDG 4.10
4.10.1 Aboveground swimming pools are prohibited except for small children’s wading pools and hot tubs. Swimming pools, spas, hot tubs, and water features must be set back a minimum of five feet from the top of any slope bank or rear and side property boundaries. In addition, these improvements shall be a minimum of fifteen feet from the front property line. Special care should be taken in designing and locating improvements to minimize the intrusion of errant golf balls.
Solar, Photovoltaic
MDG 4.11
4.11.1 The installation of solar heating and photovoltaic panels shall be limited to the roof and approved structures. 4.11.2 All conduits shall be enclosed in a painted or factory finished chase-way. All other system components shall comply with Section 4.1.8 of these Design Guidelines. 4.11.3 No mechanical equipment, apparatus or attachments shall be installed on the front of the house. Batteries and inverters and other mechanical apparatus should be installed within the Unit garage, as much as practical. 4.11.4 Outdoor water tanks are prohibited.
Satellite Dishes
MDG 4.12
4.12.1 Installation of satellite dishes is restricted to two dishes with a maximum diameter of one meter, or one dish with a diameter that may not exceed 1.2 meters or 47.24 inches unless otherwise determined by the Public Utilities Commission’s rules and regulations. 4.12.2 If required for best reception, as determined by a statement from the service provider, ground-mounted satellite dishes are allowed, but the dish must be screened from view of the street, golf course, and adjacent Units.
Recreational Vehicles
MDG 4.13
4.13.1 Boats, trailers, golf carts and other similar recreational vehicles may be parked on the driveway or other paved areas as approved by the DRC, if the lot is a minimum of 5,000 square feet. The DRC may approve of exceptions to the minimum lot size for small recreational vehicles (e.g. dirt bikes and golf carts). Parking is prohibited at the rear of the property. The maximum length of paved parking adjacent to the side property shall not exceed twenty (20) feet in length measured from the front plane of the house.
Miscellaneous
MDG 4.14
4.14.1 Weatherproof outdoor string lights may be installed in a horizontal manner along house fascia boards, open patios, and balconies. The bulbs must be globe or tear-shaped and emit white or off-white lighting. All bulbs and cords shall be maintained in good working order – no broken or missing bulbs and no sagging cords. 4.14.2 Flag poles must be submitted to the DRC for review prior to installation. The poles shall be installed a minimum of ten (10) feet from property line and shall not exceed twenty (20) feet in height. 4.14.3 No aluminum, metal, or plastic awnings shall be erected to be visible from the street or the golf course. 4.14.4 Window tinting with a maximum percentage of visible light refle ctance (exterior) not exceeding 21% is permitted. 4.14.5 Improvements within easements shall be limited to fences, walls, driveways, paved parking, and landscaping. The County or utility company may have further restrictions. 4.14.6 Exterior holiday decorations and lights shall be removed from the exterior of the Unit on or before the 30th day following the holiday. Note: Upon approval, the Master Design Guidelines supersedes the following documents: Architectural and Landscape Control; Amendment to Slope Bank Maintenance; Golf Course Lot Perimeter Wall “Exhibit B”; Clarification for Clotheslines; Mechanical Equipment Screening Clarification; Synthetic Lawn Installation Specifications & Maintenance Requirements; Storage, Kennels, Miscellaneous Accessory Structures; Heating or Electric (Photovoltaic) Solar Panel Systems Installation; Potted Plant Determination; Boats, Trailers, and Other Vehicle Parking, Motor Scooters/Motorized Vehicles; Motion Lights/Detectors; Chain Link Pet Enclosures; Satellite Dish Installation; Landscape Area Clarification; Clarification Construction Signage; Maintenance Requirements for Wood Fencing; Maintenance Requirements for Fishponds/Fountains; Clarification for Soffit Enclosure; Clarification for Plan Submittal; Clarification for Prefabricated Wall Systems; Determination for Bamboo Fencing; Construction Progress Determination: Substantial Work Progress; Christmas Decorations; Excessive Hardscape; Determination for T raditions Fencing for Certain Lots; Lock Rotor Amperes; Flag Pole Height Restrictions & Maintenance Requirements; Play Equipment Installation and/or Construction Clarification.