STAND. COM. REP. NO. 2683

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2766
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Government Operations and Housing, to
which was referred S.B. No. 2766, 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 clarify that a condominium
property regime (CPR) shall conform to county zoning ordinances
and development requirements and ensure that a CPR shall be
consistent with the intent of the adopted county land use
policies as well as State land use law.

     Testimony in support of this measure was received from the
Department of Business, Economic Development, and Tourism, the
Planning Department for the County of Hawaii, Hawaii's Thousand
Friends, and an individual.  Testimony in opposition to this
measure was received from the Hawaii Association of Realtors.

     Your Committee finds that the existing law is not clear as
to the jurisdiction of the counties over the development of
condominium property regimes, which in the past resulted in
frustration of the counties' efforts to manage CPR development.

     The existing law is unclear because CPR projects generally
do not involve land subdivisions and as a result, the counties'
planning and permit offices do not always have the opportunity to
determine the feasibility of a CPR project for a given location.
Furthermore, the counties may not be aware of a CPR project until

 
a                                                     SB2766 SD1
                                   STAND. COM. REP. NO. 2683
                                   Page 2


the individual CPR owner or developer applies for a building
permit.

     Your Committee agrees that the existing law's lack of
clarity with respect to condominium property regimes undermines
the counties' ability to implement zoning and development
ordinances, which are intended to ensure appropriate land use and
adequate infrastructure.

     As affirmed by the record of votes of the members of your
Committee on Government Operations and Housing that is attached
to this report, your Committee is in accord with the intent and
purpose of S.B. No. 2766, S.D. 1, and recommends that it pass
Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Government
                                   Operations and Housing,



                                   ______________________________
                                   ROD TAM, Chair

 
a                                                     SB2766 SD1