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THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE ESTABLISHMENT OF A TASK FORCE TO STUDY THE
    PROBLEMS ASSOCIATED WITH THE CONDOMINIUM PROPERTY REGIME
    LAW, AND PUBLIC HEARINGS ON SUBJECTING CONDOMINIUMS TO
    COUNTY ZONING ORDINANCES AND DEVELOPMENT REQUIREMENTS. 


 1        WHEREAS, the creation and administration of Condominium
 2   Property Regimes are governed by Chapter 514A, Hawaii Revised
 3   Statutes; and
 4   
 5        WHEREAS, the Condominium Property Regime law refers to a
 6   specific form of ownership and governing process created when
 7   real property becomes a condominium; and
 8   
 9        WHEREAS, the Hawaii Real Estate Commission is charged with
10   the duties related to the administration of the Condominium
11   Property Regime law, specifically, the registration and
12   issuance of an effective date of a developer's prepared public
13   report; and
14   
15        WHEREAS, the Hawaii Real Estate Commission is additionally
16   responsible for the administration of the condominium
17   management education fund, which funds the education of those
18   required to be registered pursuant to the Condominium Property
19   Regime law on the requirements of the Condominium Property
20   Regime law; and
21   
22        WHEREAS, the Hawaii Real Estate Commission receives
23   approximately twelve thousand letters each year from people who
24   request clarification on the Condominium Property Regime law;
25   and
26   
27        WHEREAS, an example of where the Condominium Property
28   Regime law is unclear, is the situation where a project is
29   created and established as a condominium property regime on
30   agricultural designated land; and 
31   
32        WHEREAS, there is a need for clarification as to whether
33   projects created and established as condominium property
34   regimes are subject to county land use regulatory authority and

 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        

 
 1   underlying county zoning ordinances and development
 2   requirements; and 
 3   
 4        WHEREAS, the Hawaii Real Estate Commission expends a great
 5   deal of time and effort in responding to these inquiries, and
 6   answering questions on the Condominium Property Regime law; and
 7   
 8        WHEREAS, the recodification of the Condominium Property
 9   Regime law, chapter 514A, Hawaii Revised Statutes, would allow
10   for the clarification of the daily operations and the
11   responsibilities of the parties involved, thus making the
12   application of the Condominium Property Regime law easier and
13   more understandable to owners and developers; now, therefore,
14   
15        BE IT RESOLVED by the Senate of the Twentieth Legislature
16   of the State of Hawaii, Regular Session of 1999, the House of
17   Representatives concurring, that the Hawaii Real Estate
18   Commission is requested to establish a task force, to include
19   representatives from the Community Associations Institute and
20   the Hawaii Council of Associations of Apartment Owners, and
21   other associations as appropriate, to identify any problematic
22   areas of the existing Condominium Property Regime law, study
23   its ambiguities and deficiencies, and determine possible
24   statutory amendments which may alleviate the problems; and
25   
26        BE IT FURTHER RESOLVED that the Governor and the Mayors of
27   each county hold public hearings on subjecting condominium
28   property regimes to county zoning ordinances and development
29   requirements; and
30   
31        BE IT FURTHER RESOLVED that the Hawaii Real Estate
32   Commission is requested to submit a report on the task force
33   findings and proposed legislation to the Legislature twenty
34   days prior to the convening of the Regular Session of 2000; and
35   
36        BE IT FURTHER RESOLVED that certified copies of this
37   Concurrent Resolution be transmitted to the Governor, Hawaii
38   Real Estate Commission, mayors of each county, the Community
39   Associations Institute, and the Hawaii Council of Associations
40   of Apartment Owners.