The Small Print Project                                       

Mark Sundberg submitted:

Lowpoints: Just as a class of agreements most people never seriously read or understand and which significantly reduce one’s rights and priviledges. Some of the clauses are simply unbelievable.

There are too many variations to list. Typically they limit what a homeowner may build, what they can use the building for and how they use it. I have run into ones which supercede state laws by requiring special professionals to be engaged for menial works. Typical of this are rules requiring a Hawaii licensed structural engineer to design and endorse any retaining wall above 4′ in height. The problem is there are only about 150 structural engineers in Hawaii and they are very busy and don’t usually have time for minor retaining walls, plus they are very expensive. The net result, very few retaining walls over 4′ high. Lots of little retaining walls which do not require any professional supervision though. It appears to be the result of trying to be ‘exclusive’ and now has become an epidemic in new subdivisions in Hawaii.

However, that’s just an example, they go on to colors and materials to be used, where and how solar power can be used, what kind of driveway can be used, to the actual plants that can be planted, and these are often on supposed ‘agricultural subdivisions’. The enforcement provisions are even more draconian and often include massive fines and civil penalties up to and including forfeiture of the land.

Highpoints: Fortunately, the Fair Housing Laws, among other legislation, have eliminated the most onerous and despicable clauses, those which were discriminatory based on race, religion, etc.

Readers: please comment and feel free to contribute your own tale of EULA/waiver/consent astonishment via email or this form.