Originally posted by @Christian Cramer:
The risk is someone tipping off the county, and then a county building inspector knocking on the door asking to see inspect the property, then finally getting hit with daily fines until the property is brought back to code.
Chances of this happening? Slim. It isn't a non-zero risk but I would say 25%+ of single families in Oahu/Maui are multi-units while technically only being single family. If the counties did actually try to crack down on this there would be massive homelessness and community backlash.
To piggy back on Christian's comment I would recommend getting in with the neighbors. IDK about Oahu, but I know that on Maui the county doesn't really seem to be out looking for these SFH-MFs; but if someone calls it in they are required to come out and you must return it to conforming. So make sure your neighbors will call you to give you a chance to fix anything that bugs them first.
Regarding the loan; if it's permitted as a SFH with an ADU, but has 5 separate rentals, you will need to present it to the appraiser as permitted. Which means that all units must be accessible without going outside, meaning there must be doors to access the other units without having to go outside (except for the permitted ADU). It also means that you can only have 2 stoves - one for the main house and one for the ADU. If you have 5 stoves, you'd have to hide 3 of them for the appraisal. It's not uncommon on Maui for buyers to be opening doors that were blocked off and moving stoves outside and covering them with tarps during appraisals. Some appraisers are stricter than others, and there may be other issues I haven't encountered.
Also note that any unpermitted additions will generally not be counted as value. Meaning that if the SFH was permitted as 1,000 sq ft, but 500 additional sq ft have been added on unpermitted, your appraised value will be based on the 1,000 sq ft and the extra 500 will be considered storage area and not living area. This tends to be an obstacle for sellers on Maui that have added 5 rentals to their 1,000 sq ft house. They want to sell it for 850k because comps with 1,500 sq ft sell for that; but no one wants to pay that bc the comps with 1,000 sq ft might only be selling for 650k.
I've noticed sellers here seem to be trying to blur the line between residential and commercial. I say that because they also often argue that their property is worth more because of the revenue it generates. But as a licensed appraiser myself, I find that to be the most ridiculous argument ever... Bc SFHs are valued based on comps, not based on NOI.. Sure, STRs tend to be more a hybrid, but if it's a permitted STR or condotel, it's a lot easier to argue that it's a business and while it's still valued based on the comps, buyers tend to be willing to pay top dollar due to the revenue they produce (or should I say "used to produce before the pandemic"? lol). I just dealt with a seller that wanted 1.8m for his SFH even though the highest comp was 850k! His argument was that he has made private entrances for 12 bedrooms, with two shared kitchens/living rooms, so it produces 120k/year... just seems like such a joke to me.. Seriously.. where do you find someone dumb enough to fall for that? Ok sorry for going off on a rant. This has been driving me bonkers!
Disclosure: I know nothing about the Oahu market; all of my experience is based solely on the Maui market. Some things may be different there.