Downside to Condo Property Regime (CPR) in Hawaii?

Question

I'm considering a property here in Oahu, Hawaii and wondering if there are any downsides to buying a single-family home that is in a condominium property regime (CPR). Are there any "gotchas" besides the added fees and association rules?

Account Closed · Answer

http://www.honoluluhi5.com/blog/diamond-head-real-estate-cprs-puds/

Here's some in my neighborhood.  See Kiyosaki owns one.

James Moore · Answer

@Mark Guagliardo - thanks for the read, I couldn't figure any downsides as long as the fees aren't exorbitant and the rules/covenants are reasonable

@Upen Patel it is a single family home, not a condo. Hawaii has some odd real estate constructs that are probably unfamiliar to you.

Upen Patel · Answer

@James Moore Being that its a condo, the only issue I can see as a mortgage banker is the financing. If too many condo's become investment/rental units, then it becomes a non-warrantable condo, which not too many mortgage bankers can do the loan on.

Mark Guagliardo · Answer

Condominium Property Regime (“CPR”) refers to the specific form of ownership and governing process created when real property becomes a condominium. The process of creating a condominium is often referred to as “CPRing” property.

A CPR stands for Condominium Property Regime. One way to explain it is that it’s a way to subdivide land that the County wont allow, because of minimum zoned lot size in your area, example: You have a lot 6 acres in size in an area zoned 5 acres minimun and you would like to sell 2 acres, with a CPR you can divide up units of like a condo project.

Hence “condominium-izing” a property, a CPR.

Every unit (land area) is owned Fee Simple and you may, or may not have common elements. A CPR can have a common driveway that is shared between the 2 units. It can be decided to make it a gravel driveway to keep it low maintenance and not have to collect any maintenance fees. This CPR can have no “Association of Apartment Owners” (AOAO) also.

Your mortgage, taxes, and insurance are all assumed separately as well.

However, the County recognizes the entire lot and not the individual units that were created in the CPR process. So, lot coverage, building permits, etc. will be assessed as though it were the entire lot.

EXAMPLEYou own a home on 6 acres, you want to sell the bottom 3 acres, but you are in an area zoned for minimum size parcels of 5 Acres (Ag-5), if you create a CPR you can own your 3 acres Fee Simple and sell (or more correctly have someone join your CPR) and acquire the bottom 3 acres Fee Simple, each of your are responsible for own debt, taxes, mortgage, etc. on your own land parcel.

One of the biggest factors is Water and how much the water supply can accommodate, ie. how many fixtures can be supplied, sinks, toilets, hose bibs, etc.

Here is a link to the Maui county’s form for calculationhttp://www.co.maui.hi.us/DocumentCenter/Home/View/4609

When creating a CPR, you are considered a developer. There are specific laws that govern developers and you’ll want to know about that before marketing any property for sale. You’ll need to hire a a CPR experienced attorney, a surveyor, and probably an architect to draw “As-Built’s. The cost of a CPR starts around $10,000-$12,000 and take somewhere around 4 months to complete. Ask your attorney for more info on the time frame. Every situation is different and rates do change. But they can do it all.

CPR’s are very common in Hawaii. It’s a good way to sell off a portion of a large lot and capitalize on the lots density. If you are allowed 3 houses, you could theoretically CPR it into 3 areas. BUT, there are further County and State limitations that affect CPR’s so you should ask your attorney to verify options available to you. For instance, if the lot is less than 20,000 sq ft., then you are only allowed one waste water system (septic, cesspool, etc.) which are engineered for 5 bedrooms, max. That means if you have 2 dwellings, one of them can be a 3 bedroom house, the other can only be a 2 bedroom house.

It’s important that when purchasing a house that is on a CPR’d lot that you use a Hawaii lender. Mainland lenders get confused by this and may not finance them.