STAND. COM. REP. NO.  1581-14

Honolulu, Hawaii

                , 2014

RE:   S.B. No. 2078

      S.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 2078, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

begs leave to report as follows:

The purpose of this measure is to clarify that private agreements contained in condominium documents for condominiums governed under either chapter 514A or 514B, Hawaii Revised Statutes, may not restrict agricultural uses and activities on agricultural lands.

     Furthermore, for condominiums governed under chapter 514B, Hawaii Revised Statutes, this measure requires condominium documents for projects in an agricultural district to state that the documents or projects contain no private restrictions limiting or prohibiting agricultural uses or activities.

Your Committee received testimony in support of this measure from the Real Estate Commission and the Department of Agriculture.  Testimony in opposition to the measure was received from one individual.  Written comments on the measure were received from the Hawaii Farm Bureau Federation.

     Your Committee finds that this measure promotes meaningful agricultural production on land where condominium properties may also be located.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2078, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ANGUS L.K. McKELVEY, Chair