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<br /> <br /> <br /> <br /> <br /> Planning Director <br /> Page 2 <br /> December 21, 1989 <br /> <br /> <br /> <br /> (a) That certain land area upon and around which <br /> 0149-A Puako Beach Drive' is located, and being <br /> approximately 7,000 square feet, is deemed a <br /> limited common element appurtenant to and for the <br /> exclusive use of said 0149-A Puako Beach Drive.' <br /> (b) That certain land area upon and around which <br /> •149-B Puako Beach Drive• is located, and being <br /> approximately 7,000 square feet, is deemed a <br /> limited common element appurtenant to and for the <br /> exclusive use of said '149-B Puako Beach Drive.' <br /> All costs of every kind pertaining to the aforesaid <br /> limited common elements, including, but not limited <br /> 'to, costs of landscaping, maintenance, repair, <br /> replacement and improvement, shall be borne solely by <br /> the owner of the unit to which said limited common <br /> elements are appurtenant. <br /> NOTE: The land are appurtenant to each apartment does <br /> not represent a legally subdivided lot. <br /> <br /> In past opinions, this office has pointed out the difference <br /> between condominium developments and subdivisions, and noted the <br /> possibility of a developer's use of a CPR as a means of avoiding <br /> subdivision improvement mandated by Hawaii County Code <br /> chapter 23. See memorandum to Planning Director, dated <br /> September 21, 1987 [Exhibit A] and memorandum to Chairman and <br /> Members, Hawaii'County Council, dated October 3, 1989 <br /> [Exhibit B]. Both of those opinions note that where <br /> developments are created with the intention of transferring real <br /> property, while circumventing improvement requirements, the <br /> County should force the developments to provide the necessary <br /> improvements. An example would be where a developer tries to <br /> use a CPR for a number of residential lots, while providing <br /> roads, drains, and other improvements which do not meet the <br /> standards of the Hawaii County Code. <br /> No such circumvention of the subdivision code appears in the <br /> present case. There are no road, sewer, or drainage <br /> requirements which anyone is attempting to avoid. It may be <br /> argued that the property owners are increasing the density of <br /> the neighborhood, but that is permissable because an ohana <br /> permit has been obtained pursuant to Hawaii County Code <br /> chapter 25, article 25. It may also be argued that by limiting <br /> the land around each unit to the exclusive use of that unit <br /> alone, the development is trying to create a separate subdivided <br /> lot. Such a limitation is permitted by law: <br />