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Residents ask HOA to seek legal opinion on CC&Rs and HRS agricultural protections in Leilani Estates
Summary
A member asked the Leilani Community Association to obtain a legal review of which CC&Rs are affected by Hawaii Revised Statutes on agricultural districts (citing HRS 205, including sections 205‑4.5 and 205‑4.6) and to prepare an addendum clarifying enforceable restrictions for members.
A resident asked the HOA to acknowledge Hawaii Revised Statutes governing agricultural districts — cited in discussion as HRS 205 and specifically sections 205‑4.5 and 205‑4.6 — and to commission a legal opinion on which CC&Rs/CCNRs can be enforced in Leilani Estates. The resident argued that state law limits private restrictions on agricultural uses and that the association should prepare a written addendum interpreting state law so architectural review and enforcement are consistent.
The Moderator agreed the issue needs a paid legal opinion, noting that different outside lawyers have issued conflicting interpretations over the years and that a formal addendum (which could be registered with the Bureau of Conveyances) would help clarify what the association will enforce. Members tagged the legal‑opinion motion to specific participants and asked the board to prepare language for the next board meeting.
