WMA Design Committee Guidelines, Submissions and Rules, April 2011

February 2015 – Please note the new WMA Solar and Wind Energy Device Policy found on the Current News Tab.

The WMA Board reserves the right to update and make revisions as needed.

NOTE:  At the January 9, 2013 meeting of the WMA Design Committee, the following motion was passed:

  • Upon motion by Roland Hagman, seconded by Steve Tomlanovich and approved, the WMA Design Committee going forward will send correspondence to owners via e-mail and ask for proof of receipt.  If proof is not received or if the individual matter is complicated, then correspondence will be sent via U.S. Mail, Certified/RRR.
  • Also, the WMA DESIGN COMMITTEE IS WAIVING THE FEES for submissions pertaining to fences, gates, and the planting or removal of trees.

List of Projects approved by the WMA Design Committee:  Follow this link to view: Project Status April 24, 2017

PROCEDURE TO CALL INTO MONTHLY WMA DESIGN COMMITTEE MEETINGS:

All WMA Design Committee Meetings are held on the first Tuesday of the month at either 3:00 p.m. HST or 4:00 p.m., HST (but always 6:00 p.m., PST).  If there is no new business or old business to be discussed, the meeting will be postponed until the next month. The dial in number is: 1-563-999-2090 and the conference ID is: 561009. Follow the instructions on the line.  Thank you, The WMA Board of Directors and WMA Design Committee.

2017 Design Committee Meeting Minutes

  • There was no January 2017 DC meeting
  • DC Minutes from February have not yet been approved
  • There was no March DC meeting
  • There was no April DC meeting

PDF versions of Design Committee Minutes from meetings held prior to 2017 are available via links on the archive page. All DC Minutes from prior years are in the Archive section of the website.

 WMA Architectural Guidelines

Overview and History –The initial Declaration of Covenants and Restrictions for West Molokai – also referred to as the West Molokai Protective Covenants – was made on October 1, 1976 by the original developers (Kaluakoi Corporation and Kepuhi Partnership), and was recorded as Land Court Document No. 784612. This document established both the West Molokai Association and the West Molokai Design Committee and enumerates most of the requirements for their organization and operation. In addition, the original developers established rules for the West Molokai Design Committee and adopted them on November 5, 1979. All properties within West Molokai, including some of those owned by successors to the original developers, are subject to the contents of both documents. Supplemental Declarations of Covenants and Restrictions (DCR’s) were recorded for each subsequent condominium development and subdivision project as the geographic boundaries of West Molokai were extended beyond the Kaluakoi Hotel parcel (Lot 14). Each Supplemental DCR relates to one or more specified land parcels and sets forth certain conditions and limitations applicable to the parcel(s) in question, and/or the development thereof. For example, the Fourth Supplemental Declaration of Covenants and Restrictions recorded as Land Court Document No. 1019966:

  1. Applies the West Molokai Protective Covenants to the legal parcel (Lot 68) subsequently developed as the Ke Nani Kai Condominiums;
  2. Designates that parcel (Lot 68) as a “Multiple Family Residential Lot”;
  3. Limits the development to a maximum of One Hundred Twenty (120) condominium units; and
  4. Establishes a height limitation of two (2) stories for each building constructed thereon.

Because of the supermajority (75%) voting requirement, the several DCR’s are substantially unchanged from their original content. The most notable exception being the amendments to the Initial West Molokai DCR’s adopted in 2005 and recorded as Land Court Document No. 3293468. Although times have changed, the original intent of the land use restrictions and design guidelines remains clear and unambiguous – – that is, “…to protect the interests of all property owners”. As the entity ultimately responsible, your Board of Directors pledges to act in an objective and fiduciary manner regarding the consistent application of the Covenants, Conditions and Restrictions (CCR’s) to all members. We thank you in advance for your cooperation and understanding. WMA’s Board of Directors wants to implement and maintain a professional and expeditious review process that meets with your satisfaction. We look forward to, and welcome, your comments. Mahalo! WMA Board of Directors

Design Submission Process and Instructions

WEST MOLOKAI ASSOCIATION (WMA) DESIGN REVIEW PROCESS

In an effort to improve and streamline the design review/approval process, West Molokai Association’s Board of Directors, has engaged the firm of Riecke Sunnland Kono Architects, Ltd. to process all design review submittals effective April 1, 2011. Although the Board will maintain oversight and final approval of all submissions, your Board believes that contracting the day-to-day processing work to an experienced, objective architectural firm will result in efficiencies for the applicant as well as the Board. Furthermore, the Board will conduct a thorough review of this revised process approximately 12 months from the Effective Date. Riecke Sunnland Kono Architects, Ltd. (RSK) shall act as an agent of WMA and shall be the Owner’s primary point of contact for the submittal, processing and coordination of design review documents. The intent here is to eliminate delays in the shipment of documents from one location to another and to accurately log the receipt and shipment of documents – – both physical items and emails. Furthermore, RSK has been delegated the authority to review the submittals for compliance with WMA’s governing documents and to recommend approval or rejection of all submittals, in whole or in part. Final approval of any project shall remain with the West Molokai Design Committee and the WMA Board of Directors. All applicants are hereby advised that Riecke Sunnland Kono Architects, Ltd. has been retained specifically to review submissions for compliance with WMA’s governing documents. In no way shall RSK review submissions for compliance with ordinances, codes and regulations of the various authorities having jurisdiction – – such as: State Department of Health requirements, the Maui County Building Codes, Molokai Planning Commission regulations, SMA permitting procedures, etc. The procedures outlined below are guidelines, instructions, timelines and fee structures for all design review projects submitted after April 1, 2011.

Instruction Steps

Stage 1: Determine Submission Type:

Design review submissions are broken down into three categories: (1) minor variations/changes; (2) major improvements, and (3) new residences.

  1. Minor Variations/Changes: may consist of, but are not limited to: alterations within the existing footprint(s) of approved structures; minor landscaping changes; etc.
  2. Major Improvements: may consist of, but are not limited to: expansions and/or major renovations of approved structures; substantial alterations of existing building forms, elevations or roofs; lot line adjustments; grading or re-grading of driveways, orchards, parking areas, etc; fence or road construction; other improvements that are outside the footprint of the approved dwelling structures; etc.
  3. New Residences:

Stage 2: Elements Required for Submission

  1. Minor Changes
    1. WMA Checklist — Agreement (located on website for download)
    2. Floor or plot plan — does not require a licensed architect to draft.
    3. Design Narrative-signed and dated
    4. Initial Application Fee of $250 payable to WMA
  2. Major Improvements
    1. WMA Checklist — Agreement (located on website for download)
    2. Working Drawings (full sets of architectural drawings and specifications)
    3. Design Narrative-signed and dated
    4. Initial Application Fee of $500 payable to WMA
  3. New Residences
    1. WMA Checklist — Agreement (located on website for download
    2. Documents listed in Section V of West Molokai Design Committee Rules dated November 5, 1979 for Phase I and Phase II submittals.
    3. Design Narrative-signed and dated
    4. Initial Application Fee of $1,000 payable to WMA

All completed submissions and application fees, payable to WMA, shall be sent by UPS, FedEx or certified mail to

West Molokai Association Design Committee C/o Riecke Sunnland Kono Architects, Ltd 33 Lono Avenue, Suite 200 Kahului, Maui Hawaii 96732

Stage 3: Cost Structure Associated with Submission

Although RSK is under contract with WMA’s Board of Directors regarding properties located within its jurisdiction, all costs associated with each submission shall be borne solely by the applicant in accordance with RSK’s rate schedule in effect at the time services are performed. WMA retains the right to enforce its authority to collect any and all expenses it incurs on behalf of a given submittal. The current RSK hourly rate schedule accepted by the WMA Board on 4/15/2014 is as follows: Principal I ………………………………………………………………………………………………… $220.00/hour Principal II ………………………………………………………………………………………………. $199.00/hour (Earl H. Kono) Principal III ……………………………………………………………………………………………. $166.50/hour Senior Architect ………………………………………………………………………………………. $122.00/hour Project Architects ……………………………………………………………………………………. $140.00 – 105.00/hour Project Managers …………………………………………………………………………………….. $107.00-93.25/hour CAD Drafters …………………………………………………………………………………………… $80.00/hour Clerical …………………………………………………………………………………………………… $65.00/hour (Rates are subject to change) Note: The above rates do not include the 4.166% Hawaii Gross Income Tax Initial application fees shall be applied to the costs billed by RSK during the review process. WMA shall maintain and provide each applicant with an ongoing accounting ledger of each applicant’s submission. After receipt of the initial application fee, WMA will electronically invoice the applicant, monthly, in advance of expected expenses to be incurred in subsequent month. Invoices shall be sent to the applicant whenever the applicant’s current balance falls below 25% of expected expenses for the upcoming month. Such payment shall be based on the anticipated hours as determined by RSK. Payment must be received by WMA prior to WMA authorizing Riecke Sunnland Kono Architects, Ltd. to continue with the applicant review process. Any balance remaining upon final decision shall be refunded to applicant within calendar 30 days of formal decision.

Stage 4: Expected Timelines and Submission Stage

  1. Minor: 2-3 weeks – upon receipt of submission
  2. Major:
    1. Preliminary Plan Approval — 1-2 weeks
    2. Construction Documents — 2-4 weeks
    3. Construction Red Lines – as applicable — 1 week
    4. Post Completion Inspection — 1 week
  3. New Residences – To be determined on a case by case basis

Note: Submissions requiring further consideration by the Design Committee or the Board shall be completed within 4 weeks from the date that RSK refers the matter for consideration.

Stage 5: Communication Policy

Applicants shall have direct and consistent access to RSK upon receipt of the initial application fee. In general, the applicant shall direct all communications to the Architectural lead contact assigned to each submission, with copies to the West Molokai Design Committee where appropriate. Such communications may consist of emails, phone conversations, office visits and/or physical site visits. Communications where Design Committee involvement is appropriate shall be determined by the Architectural Lead contact on an individual basis.

Stage 6: Decision Process

WMA has delegated Riecke Sunnland Kono Architects, Ltd. the authority to request additional materials and/or revisions of the submissions from any applicant, and to issue approvals or rejections, in whole or in part. Should RSK conclude that a given submission does not comply with WMA’s governing documents, such items will be referred to the West Molokai Design Committee for further consideration. *Rates do not include the 4.166%/4.712 Hawaii Gross Income Tax. Please note that this tax will apply to any submittals.

THE WEST MOLOKAI ASSOCIATION (WMA) DESIGN REVIEW SUBMISSION CHECK LIST AND AGREEMENT

View the WMA Design Review Submission Checklist and Agreement

West Molokai Design Committee Rules

View the West-Molokai-Design-Committee-Rules

NOTICE: The information on this website is privileged and confidential and is intended only for the property owners of the West Molokai Association. Any review, use, disclosure or copying of this information is prohibited except by, or on behalf of, the intended owners.