STAND. COM. REP. NO.749

Honolulu, Hawaii

, 2003

RE: S.B. No. 374

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 374 entitled:

"A BILL FOR AN ACT RELATING TO REAL ESTATE,"

begs leave to report as follows:

The purpose of this measure is to clarify the definition of "de minimus structure position discrepancy" and its application when property which use is undeterminable is owned in common and abuts another property.

A real property attorney and a law firm representing condominium associations submitted comments on this measure.

Your Committee finds that the original intent of the de minimum structure position discrepancy law was to provide a statutory mechanism for resolving disputes involving minor boundary encroachments between property owners to prevent costly dispute resolution through the court system. Your Committee further finds that since that time, other property uses and ownership have been included in the law, which were not anticipated in the original law and thus need to be addressed. However, your Committee agrees that further dialogue is needed to address these unanticipated situations.

Thus, your Committee has amended this measure by adding a defective effective date to allow further discussion in hopes of achieving resolution on this measure.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 374, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 374, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

RON MENOR, Chair