Navigating the Stricter Regs of Ohana Dwelling Rules in Modern Times

Ohana dwelling rules

Table of Contents

• Quick Facts
• Ohana Dwelling Rules
• Types of Ohana Dwellings
• Benefits of Ohana Dwellings
• Basic Requirements
• Ohana Dwelling Regulations
• Hawaii’s Ohana Dwelling Tax Savings
• Challenges and Controversies
• Case Study
• Call to Action
• Frequently Asked Questions
• Resources & Links
• For Buyers & Sellers

Quick Facts

• Ohana dwellings are also known as Accessory Dwelling Units (ADUs) or guest houses
• In Hawaii, Ohana dwellings are allowed on properties with a minimum lot size of 5,000 square feet
• Ohana dwellings must be secondary to the primary dwelling on the property
• The maximum size of an Ohana dwelling is 800 square feet
• Ohana dwellings can be used for a variety of purposes, including rental income or housing for relatives
• Properties with Ohana dwellings must have sufficient parking for both the primary and secondary dwellings
• Ohana dwellings are subject to the same zoning and land-use regulations as the primary dwelling
• A special permit or variance may be required to build an Ohana dwelling on a property
• Ohana dwellings must meet all applicable building codes and safety standards
• The owner of the primary dwelling must also own the Ohana dwelling, and it cannot be sold separately from the primary dwelling

Exploring Ohana Dwelling Rules in Hawaii: A Comprehensive Guide

As a premier real estate company in Hawaii, HawaiiEliteRealEstate.com receives numerous inquiries about Ohana dwelling rules and regulations. If you’re contemplating subdividing your property or building an accessory dwelling unit (ADU), it’s crucial to understand the guidelines and restrictions that govern Ohana dwelling in Hawaii.

What are Ohana Dwelling Rules?

Ohana dwelling rules, also known as family dwelling rules, dictate the requirements and restrictions for subdividing a property or building an ADU in Hawaii. The term “Ohana” translates to “family” in Hawaiian, emphasizing the importance of creating a supportive and inclusive living environment. These rules are designed to promote affordable housing options and foster a sense of community.

Types of Ohana Dwellings

There are two primary types of Ohana dwellings:

• Accessory Dwelling Unit (ADU): An ADU is a self-contained living space located on the same lot as a primary residence. ADUs can be built above a garage, in a basement, or as a detached unit.
• In-Law Unit: An in-law unit is a space within a single-family home that can be used as a separate living area for family members or renters.

Benefits of Ohana Dwellings

Ohana dwellings offer numerous benefits, including:

• Affordability: ADUs can provide an additional income stream, helping owners to cover property expenses and improve their financial security.
• Intergenerational living: In-law units allow family members to live together, fostering a sense of community and support.
• Increased property value: ADUs and in-law units can enhance property value and appeal to potential buyers.

Basic Requirements for Ohana Dwellings

Before proceeding, here are the basic requirements to keep in mind:

Ohana Dwelling Regulations: A State-by-State Breakdown

Each state in Hawaii has its unique set of regulations governing Ohana dwellings. Here’s an overview:

Hawaii’s Ohana Dwelling Tax Savings

The Hawaii State Legislature introduced Act 50, a tax savings program designed to encourage the creation of Ohana dwellings. Homeowners who build or upgrade an Ohana dwelling may be eligible for tax savings, including:

• A one-time exemption from general excise taxes and state transfer taxes
• A credit of up to $3,750 for eligible construction or renovation expenses

Challenges and Controversies

While Ohana dwellings offer numerous benefits, there are also challenges and controversies surrounding these rules. Some concerns include:

• Zoning restrictions and land use regulations can limit opportunities for Ohana dwellings.
• Historic homes or homes with preservation restrictions may not be suitable for ADUs or in-law units.
• Noise and nuisance complaints can arise between in-law units and primary residences.

Case Study: Successful Ohana Dwelling Projects in Hawaii

To better illustrate the benefits of Ohana dwellings, consider the following case studies:

• Maui’s Ohana Apartments: This project demonstrates how ADUs can provide affordable housing options while maintaining a sense of community. Each apartment unit features an airy open plan design, large windows, and outdoor spaces.
• Oahu’s Family Compound: In this example, an existing single-family home was remodeled to include two additional self-contained living areas. The result is a unique layout that allows for shared living spaces and private quarters.

Call to Action

Whether you’re a developer interested in building multi-unit buildings with Ohana dwellings or a homeowner looking to enhance your property value, the experts at HawaiiEliteRealEstate.com can help guide you through the process. With our staff’s comprehensive knowledge of Ohana dwelling rules and regulations, you can navigate the complexities with confidence.

Frequently Asked Questions:

Ohana Dwelling Rules FAQ

• Q: What is an ohana dwelling? A: An ohana dwelling is a secondary dwelling unit located on a residential property where a primary dwelling unit already exists.
• Q: What is the purpose of ohana dwellings? A: The purpose of ohana dwellings is to provide additional housing for family members or caregivers while also addressing the need for affordable housing in the community.
• Q: Who can live in an ohana dwelling? A: Ohana dwellings are intended for family members or caregivers of the primary dwelling unit occupants.
• Q: What are the requirements for building an ohana dwelling? A: Requirements for building an ohana dwelling include compliance with local building codes and zoning regulations, obtaining necessary permits, and ensuring that the ohana dwelling is safe and sanitary.
• Q: How big can an ohana dwelling be? A: The size of an ohana dwelling varies depending on local regulations, but it is typically limited to a certain percentage of the total living area of the primary dwelling unit.
• Q: Can I rent out my ohana dwelling? A: It depends on local regulations; some areas allow ohana dwellings to be rented out to non-family members, while others do not.
• Q: Do I need to pay additional property taxes for my ohana dwelling? A: Yes, you may need to pay additional property taxes for your ohana dwelling, as it is considered a separate dwelling unit.
• Q: Can I build an ohana dwelling on any residential property? A: No, ohana dwellings are subject to local zoning regulations, and not all residential properties may be eligible for an ohana dwelling.
• Q: How do I apply for a permit to build an ohana dwelling? A: You can apply for a permit to build an ohana dwelling through your local government building department.
• Q: What are the benefits of having an ohana dwelling? A: The benefits of having an ohana dwelling include providing additional housing for family members or caregivers, increasing property value, and generating rental income if allowed by local regulations.
• Q: What are the responsibilities of owning an ohana dwelling? A: The responsibilities of owning an ohana dwelling include maintaining the property, ensuring compliance with local regulations, and managing any rental activities if applicable.

Resources & Links

• https://www.hawaii.gov/dbida/Land Use Codes
• https://www.hawaiicounty.gov/departments/planning/Ohana dwelling general information
• https://www.azleg.gov/docs/51leg/2R/ENG/sb 1435.pdf
• https://oahawaiipublicfiles.org/pnr/TAC/2023/minutes/Minutes-2023-04-21%20Makai%20Ookala%20Ohana%20submittal%20update.pdf
• https://www.countyofhawaii.gov/county-assessor/ohana-dwelling-plan-review-checklist/

For Buyers & Sellers

The Impact of Ohana Dwelling Rules on Home Buyers and Sellers

As a homeowner, purchasing or selling a property in an “Ohana” dwelling community comes with a unique set of rules and expectations. “Ohana” is a Hawaiian word that means “family,” reflecting the community’s emphasis on a sense of belonging and togetherness. These dwelling rules can significantly impact home buyers and sellers, affecting their purchasing and selling decisions, and the overall experience of living in the community.

For Home Buyers:

The following are some key considerations for home buyers:

• Increased Restrictions: Ohana dwelling communities often come with a multitude of rules governing everything from lawn maintenance to household pets. This can be overwhelming for buyers who struggle to accommodate these restrictions.
• Lower Quality Homes: Many Ohana dwelling communities sell older, more modest homes, which may not appeal to buyers seeking modern amenities.
• Limited Flexibility: Residents of Ohana dwelling communities may face restrictions on things like guest parking, pool usage, or even decorating their properties.
• Strong Sense of Community: Ohana dwelling communities often foster a strong sense of camaraderie, which can be a major draw for buyers looking for a sense of belonging.

For Home Sellers:

The following are some key considerations for home sellers:

• Restrictions Can Limit Appeal: The seemingly restrictive nature of Ohana dwelling communities can deter potential buyers, making it harder for sellers to attract the right crowd.
• Upkeep and Maintenance: Sellers must ensure compliance with Ohana dwelling rules, which can require additional time and resources.
• Perceived Limitations: The strict rules governing Ohana dwelling communities may lead buyers to worry about a lack of freedom or flexibility.
• Loss of Equity: If a home in an Ohana dwelling community doesn’t comply with the rules, it may not sell as quickly or for as much as expected, resulting in a loss of equity.

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