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THE SENATE                           S.C.R. NO.            S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE ESTABLISHMENT OF AN INFORMAL 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, there is a need for clarification as to whether
28   projects created and established as condominium property
29   regimes are subject to county land use regulatory authority and
30   underlying county zoning ordinances and development
31   requirements; and
32   
33        WHEREAS, the Hawaii Real Estate Commission expends a great
34   deal of time and effort in responding to these inquiries, and
35   answering questions on the Condominium Property Regime law; and
36   
37        WHEREAS, the recodification of the Condominium Property
38   Regime law, Chapter 514A, Hawaii Revised Statutes, would allow

 
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 1   for the clarification of the daily operations and the
 2   responsibilities of the parties involved, thus making the
 3   application of the Condominium Property Regime law easier and
 4   more understandable to owners and developers; now, therefore,
 5   
 6        BE IT RESOLVED by the Senate of the Twentieth Legislature
 7   of the State of Hawaii, Regular Session of 1999, the House of
 8   Representatives concurring, that the Hawaii Real Estate
 9   Commission is requested to establish an informal task force, to
10   include representatives from the Community Associations
11   Institute and the Hawaii Council of Associations of Apartment
12   Owners, and other groups and organizations as appropriate, to
13   identify any problematic areas of the existing Condominium
14   Property Regime law, study its ambiguities and deficiencies,
15   and where there is concensus, make appropriate recommendations
16   for legislation; and
17   
18        BE IT FURTHER RESOLVED that the Hawaii Real Estate
19   Commission is requested to submit a report on the task force's
20   findings, recommendations and proposed legislation to the
21   Legislature by January 1, 2000; and
22   
23        BE IT FURTHER RESOLVED that the Hawaii Real Estate
24   Commission is requested to hold public hearings to receive
25   public feedback on the report for consideration by the task
26   force; and
27   
28        BE IT FURTHER RESOLVED that the Hawaii Real Estate
29   Commission is then requested to submit a final report on the
30   task force findings, recommendations and proposed legislation
31   to the Legislature twenty days prior to the convening of the
32   Regular Session of 2001; and
33   
34        BE IT FURTHER RESOLVED that certified copies of this
35   Concurrent Resolution be transmitted to the Hawaii Real Estate
36   Commission, the Community Associations Institute, and the
37   Hawaii Council of Associations of Apartment Owners.