STAND. COM. REP. NO. 834

Honolulu, Hawaii

RE:    H.B. No. 1431

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Public Safety, Government Operations, and Military Affairs, to which was referred H.B. No. 1431, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COVENANTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow a county council to adopt ordinances or rules, including the adoption of penalties, to enforce covenants that run with the land that impose standards regarding use, maintenance, landscaping, and setbacks.

     Your Committee received testimony in support of this measure from numerous individuals.  Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that certain planned communities may have covenants that run with the land which may not be enforceable without enabling legislation of a county council.  The covenants typically provide for greater frontage setbacks, wider streets with front lawns, restrictions on the land's use such as limiting each parcel to only one single family dwelling, and prohibiting rooming or boarding houses and any business whatsoever.  These limitations, restrictions, covenants, and conditions were thoughtfully constructed for the purpose of preserving and maintaining the attractiveness, values, and character of the residential neighborhood being planned.  Covenants running with the land are recorded with the Bureau of Conveyances as attachments to each deed and run with the residential lots in transfers to new owners and successors.

     Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Government Operations, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1431, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1431, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Government Operations, and Military Affairs,

____________________________

WILL ESPERO, Chair