Updates March 22, 2019 (note: links to Rule 2 and Rule 23 draft 2 below)
I'm going to go out on a limb here, and guess you've already heard about Bill 108 (Ordinance 18-113).
You also know that Rule 23 (draft 2 updated the 20th) is the basis for the rules on Ordinance 18-113,
What you probably don't know is that the Planning Department has now "slipped in Rule 2". (here is the notice)
AMENDMENT OF RULE 2 OF THE COUNTY OF HAWAII PLANNING DEPARTMENT RULES OF PRACTICE AND PROCEDURE
This will give the Planning Department new powers to make up rules as the director feels needed, and apply them when they wish.
With the feedback I received on the public hearings.... Planning Director Micheal Yee made it clear, he wants STVR's out of here!
Personally I have a huge concern with some of this, as you should also.
First my disclaimer:
I am not Pro/Con on STVR , but what I am PRO on is your "Personal Property Rights"!
First, you have your "right to quiet enjoyment" , even simpler terms, if you bought your home/condo in a quiet residential area, you don't need vacation renters next door, partying all night, doing cannonballs into the pool at midnight, up at 5:00 am talking on the phone to someone on the mainland, telling them how much fun last nights cannonballs were!
But, you also have your "right to best and highest use of your property" . So if you purchased a condo/home that is located in an area that allows them, its recorded against your deed/title, as is your neighbors, you all went into ownership knowing this, and it put and "added value" to your property, the County has no right to just come in and take those rights away!
My concern is, not only have they taken away personal property rights, but now with Rule 2 to Rule 23, to Bill 108, they have even more power, to create more rules and take away more personal property rights at an even swifter speed!
I want you to think about this, what if your next planning director "loves" STVR and uses Rule 2 to change Rule 23, to make them Legal in all subdivisions, no matter what your deed states? Or what if he/she doesn't like boats in their subdivision, even though the CCRs allow them.... Hey, lets use Rule 2, to Rule 23 and add "No Boats Allowed" in residential neighborhoods - Hey Michael, put that one right next to STVR Rule 23 please!
Please take time to read through the drafts below and tell me your thoughts!
Below are the links to the PDFs and we have a bonus one at the bottom - the complaint form a client was given to file about a STVR next door to them.
SAMPLE CONDO GUIDE