COM 0458.003 1996-1998 - Laserfiche WebLink

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ANALYSIS 1. Transfer of Camps to the Occupants as Tenants in Common (Alternative 1). The first alternative is for each Camp to be transferred `rom Hamakua Sugar to Hamakua Housing. Hamakua Housing would :hen immediately retransfer the Camp to all Occupants within such :amp, who would hold a proportionate undivided interest in the :amp, as tenants in common with the other Occupants of such Camp. :ach Occupant would have the right to occupy the Property on Which he resides until the subdivision of the Property in a particular Camp is completed, at which time the Occupants collectively) would convey the Property to the individual occupants. The Occupants (collectively) would also enter into a Management agreement with Hamakua Housing which would allow amakua Housing to manage and subdivide the Camp. E~rh Occu ant ould also rant to Hamakua Housing an irrevocable power of ttprnev wh i c wn„~n,.r~t- ---4-~ n e ~CBC~Z'r}~ ocuments necessary to subdivide and convey the Property. The o~ reas of each Camp would be conveyed to a new nonprofit orporation formed for each Camp. a. Advantages. (1) Landlord/Tenant. If the Camps are not conveyed to ze Occupants, Hamakua Housin would be-~ landlorr3 and would _ case the Property to t e ccupants un 1 e a P8'-- i ivided. As a an or , ama ua i g wou ave certain - ~ igations under the Residential Landlord-Tenant Code, Chapter :1, Hawaii Revised Statutes, including the obligation to comply ' th all building and housing laws affecting health and safety, make a.11 repairs necessary to put and keep the premises in a bitable condition, and to maintain all electrical, plumbing and her facilities in good working order. By law,_ none of these ligatio_ns may be waived by the tenant. ~If the Camps are nveyed to the Occupants, Hamakua Housing would not be subject the obligations of a landlord under the Residential Landlord- ~ant Code, nor such other obligations imposed by the courts. In addition to avoiding liability as a landlord, this ;ernative will help Hamakua Housing to pass on the >ponsibility for the repairs and maintenance to Property to the .u pants. The fact that they are the owners of the Camps may 'e the Occupants more incentive to maintain and repair their i Property. (2) Control. The management agreement between Hamakua sing and the Occupants would give Hamakua Housing such control the Camps as may be necessary for it to carry out the division process. This control would be enhanced by each -2- III