COM 0910.003 1996-1998 - Laserfiche WebLink

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10: ML . Air eIt Lunu Li 111.a I Planning Direct From: Patricia K. O'Toole, Deputy Corporation Counsel Y~ subj.c+: Puna bhures, Inc., Panaewe Acres, TMK: 2-4-04:02 4 03 This is in response to your memo concerning building permit appitcattuns for the above-reterencea subaivision. Tentative subuivlsion approval has been granted for each of the two.parcels to be suuutvided into six lots, making a total of twelve lots. building permit applications have been filed to construct twenty storage shoos on the property. You reviewed the bankruptcy file for Puna Shores, Inc., and noteo that it contained a proposal for the creation of an agricultural condominium. The State of Hawaii tax map shows twenty-two separate parcels. Your tirst question is whether. an agricultural condominium falls within the definition,~of suodi0ioed land. In our opinion it goes notav "A c'ondbmrnium.oe...rizontal property regime (hereinafter "HPR") is reco'gnizea as? a metnoo of ownership of lano, whereas subaivi"sion laws deal-with the use of iand. Baker v. T(:,wrr of ScIliya11'S Isllanu, 3.10 S.E.2o 433 S1983) A true conouminium would not involve the division of land.dna woulo thereture not tali within the uefinition of subaiv.cej land. In this case, however, you feel there are facts which iocicate that the property is being divideo°in a way which woula tail within the oefinitton of a suLaivision. This may be so, however, it is a separate issue. It the HPR has Dern approveu ano we cur,teno that in fact, the land is being subdivided, we woula have to be able to prove that this is so. Chapter 514A, Hawaii Revisea Statutes, controls the establishment of HPR. According to the aefinitions founa in y514A-3, an apartment means "a part of the property intended for any type of use or uses." "Common elements" includes the land iticluoeo in the regime. Condominium is the "ownership of single units with common elements." There is no prohibition against a HPR for agricultural purposes. _ EX`-_"31T