Report Title:
Geographic Limitations on Time Share Units
Description:
Repeals the authority to have time share units in an existing hotel in a county with a population in excess of 500,000 if the property has at least 60 units and at least 40% of the units are made available for sale as residential apartments or rented as residential apartments.
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THE SENATE |
S.B. NO. |
1113 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GEOGRAPHIC LIMITATIONS ON TIME SHARES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 514E-5, Hawaii Revised Statutes, is amended to read as follows:
"§514E-5 Geographic limitations. Except as provided in this section, time share units, time share plans, and transient vacation rentals are prohibited.
(1) Existing time share units, time share plans, and transient vacation rentals are not impaired by the provisions of this section.
(2) Time share units, time share plans, and transient vacation rentals are allowed:
(A) In areas designated for hotel use, resort use, or transient vacation rentals, pursuant to county authority under section 46-4, or where the county, by its legislative process, designates hotel, transient vacation rental, or resort use; or
(B) In a hotel where the county explicitly
approves such use, in advance, as a nonconforming use[; or].
[(C) In a county with a population in excess
of five hundred thousand, in an existing hotel which is a valid nonconforming
use under county ordinance; provided that the property shall have at least
sixty units and at least forty per cent of the units, upon completion of sales
of the time share intervals in the project, shall be made available for sale as
residential apartments or rented as residential apartments.]"
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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