STAND. COM. REP. NO. 1347

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.C.R. No. 88
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Government Operations and Housing, to
which was referred S.C.R. No. 88 entitled:

     "SENATE CONCURRENT RESOLUTION REQUESTING THE REAL ESTATE
     COMMISSION TO STUDY THE PROBLEMS ASSOCIATED WITH THE
     CONDOMINIUM PROPERTY REGIME LAW,"

begs leave to report as follows:

     The purpose of this measure is to request the identification
of any problematic areas of the existing condominium property
regime law.

     Testimony in support of this measure was submitted by the
Community Associations Institute and the Hawaii Council of
Associations of Apartment Owners.  The Real Estate Commission
submitted testimony in opposition to this measure.

     Your Committee finds that a many consumers affected are
confused and often have difficulty understanding the statute and
regulations regarding the condominium property regime law.  This
measure will provide for an examination of the defects of
Hawaii's existing condominium laws.

     Your Committee finds that the function of county zoning and
county land development ordinances and rules is to protect public
health, safety and welfare.  There is a need for clarification of
whether condominiums are subject or should be subject to county
land use regulatory authority, and to ensure that projects
created and established as condominium property regimes conform

 
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                                   STAND. COM. REP. NO. 1347
                                   Page 2


to the provisions of underlying county zoning ordinances and
development requirements.

     Your Committee has amended this measure to:

     (1)  Change the title to read as follows:

          "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"; 

     (2)  Require the Real Estate Commission to convene a task
          force, including representatives from the Community
          Associations Institute and the Hawaii Council of
          Associations of Apartment Owners, and other appropriate
          associations, to study the problems associated with the
          condominium law; and

     (3)  Require the Governor and Mayors of every county to hold
          public hearings on subjecting condominium property
          regimes to county zoning ordinances and development
          requirements.

     Testimony submitted by the Community Associations Institute
and the Hawaii Council of Associations of Apartment Owners
expressed a willingness to serve on the task force on a voluntary
basis.  Given the current difficult economic times, and the Real
Estate Commission's limited resources, your Committee believes
that participation on this task force should be on a voluntary
basis.

     As affirmed by the record of votes of the members of your
Committee on Government Operations and Housing that is attached
to this report, your Committee concurs with the intent and
purpose of S.C.R. No. 88, as amended herein, and recommends that
it be referred to the Committee on Commerce and Consumer
Protection, in the form attached hereto as S.C.R. No. 88, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Government
                                   Operations and Housing,



                                   ______________________________
                                   ROD TAM, Chair

 
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