STAND. COM. REP. NO. 791

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1073
                                        S.D. 2




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

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 1073, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO CONDOMINIUM PROPERTY
     REGIMES,"

begs leave to report as follows:

     The purpose of this measure is to subject condominium
property regimes to county zoning and development ordinances and
rules and provide for county review of such projects prior to
recordation or the issuance of a final public report.
Additionally this measure prohibits condominium property regimes
on agricultural designated land.

     The Department of Business, Economic Development and
Tourism, Real Estate Commission, Department of Planning and
Permitting for the City and County of Honolulu, the Land Use
Research Foundation of Hawaii, the Kona Action Group to Address
Flooding, Van Pernis, Smith, and Vancil, Attorneys at Law, and
one individual, presented testimony in support of this measure.
The Hawaii Association of Realtors and the Hawaii State Bar
Association presented testimony opposed to this measure.
 
     Your Committee finds that county land use ordinances and
regulations ensure that a site is suitable for a proposed
project, in terms of its impact on traffic, drainage and other
important services, as well as the cumulative impacts on the
physical environment and the surrounding community.  


 
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                                   STAND. COM. REP. NO. 791
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     Your Committee further finds that the extent of the
counties' authority over the uses proposed by condominium
property regimes is often ambiguous.  This measure would clarify
the counties' authority over those uses.

     Your Committee has amended this measure to:

     (1)  Enable the counties to adopt supplemental rules and
          regulations to ensure CPR conformance with county
          ordinances; 

     (2)  Delete the ban of CPRs on agricultural designated land;

     (3)  Delete the requirement for projects to be reviewed by
          the counties prior to recordation; and 

     (4)  Delete sections 5 and 6 of the measure, which would
          have required a developer to file a site plan with the
          counties prior to recordation.

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 1073, S.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as S.B. No. 1073, S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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