Bill Text: HI SCR56 | 2018 | Regular Session | Amended
Bill Title: Urging The Counties To Adopt Supplemental Rules Pursuant To Section 514b-6, Hawaii Revised Statutes, To Ensure The Conformance Of Condominium Property Regimes To The Purposes And Provisions Of County Zoning And Development Ordinances.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2018-03-27 - Report adopted, as amended (SD 1) and referred to CPH. [SCR56 Detail]
Download: Hawaii-2018-SCR56-Amended.html
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THE SENATE |
S.C.R. NO. |
56 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
URGING THE COUNTIES TO ADOPT SUPPLEMENTAL RULES PURSUANT TO SECTION 514B-6, HAWAII REVISED STATUTES, TO ENSURE THE CONFORMANCE OF CONDOMINIUM PROPERTY REGIMES TO THE PURPOSES AND PROVISIONS OF COUNTY ZONING AND DEVELOPMENT ORDINANCES.
WHEREAS, there is a need to revise laws relating to agricultural property regimes; and
WHEREAS, recently, there has been an increased interest in developing agricultural lands through the condominium property regime process; and
WHEREAS, while this provides land developers with a process to reduce front-end costs of selling agricultural lands, it often thwarts the long-term viability of these "units", as master planning is absent, particularly with respect to supporting county infrastructure; and
WHEREAS, current condominium property regime laws only require that the proposed condominium property regime comply with county zoning, but do not require compliance with county subdivision requirements, where counties can review and ensure that necessary supportive infrastructure is available, including roads, water, and sewer lines, prior to the sale of the property; and
WHEREAS, condominium property regime laws do not require county approval of the condominium property regime, which inhibits a county's ability to plan, regulate, and enforce its agricultural plans, goals, and infrastructure services; and
WHEREAS, section 205-4.5(f), Hawaii Revised Statutes, specifically allows agricultural land developers to bypass county subdivision requirements, which promotes the condominium property regime process over the county subdivision process; and
WHEREAS, the condominium property regime process is a complex set of regulations and restrictions that are often not easily understood at the time of purchase; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that each of the county councils are urged to adopt supplemental rules pursuant to section 514B-6, Hawaii Revised Statutes, to ensure the conformance of condominium property regimes to the purposes and provisions of county zoning and development ordinances and chapter 205, Hawaii Revised Statutes, including section 205-4.6, Hawaii Revised Statutes, where applicable; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Mayor of Hawaii County, Mayor of the City and County of Honolulu, Mayor of Kauai, Mayor of Maui, Planning Director of the Planning Department of the County of Hawaii, Director of the Department of Planning and Permitting of the City and County of Honolulu, Planning Director of the Planning Department of the County of Kauai, and Planning Director of the Planning Department of the County of Maui.
Agricultural Lands; Condominium Property Regime; Counties
