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<br /> <br /> i ^ <br /> bepcem~ec u, ydi <br /> <br /> <br /> You next ask whether it (an agricultural condominium) is <br /> required to comply with the requirements of the subdivision code. <br /> A HPR which does not involve a division of land would not have to <br /> comply with the code. Under the County code, a subdivision "means <br /> improved or unimproved land or lands divided into two or more <br /> lots, parcels, sites, or other divisions of land for the purpose, <br /> whether immediate or future, of sale, lease, rental, transfer of <br /> title to or interest in any or all such parcels, includes <br /> resut,oivision, and when appropriate to the context, relates to the <br /> process of subdividing the land or territory subdivided." <br /> A HPR noes not involve the division of land with a transfer <br /> of interest in the divided land., <br /> in this case, you believe there are indications that this <br /> project involves a subdivision of land. The real property tax map <br /> shows twenty-two parcels with specific metes and bounds <br /> descriptions. Apparently this map reflects information from a HPR <br /> filed for the property. We should obtain the declaration of HPR <br /> required to be tiled in accordance with Chapter 514A, Hawaii <br /> Revised Statutes, and see if the declaration contains any <br /> information which will clarify the matter. <br /> In the case of Planning Board of the Town of Naples v. <br /> Michaud, 444 A.2a 40 (1982), a vendor sold what he described as a <br /> common and undivided interest in a campground with the right to <br /> use the facilities at a particular campsite. He likened the <br /> selling of interests to a condominium conversion. The court found <br /> that the selling of these interests amounted to a "division of a <br /> tract or parcel of land into 3 or more lots within [a] 5-year <br /> period" ana was thus subject to the municipalities subdivision <br /> law. A key factor was the factual finding of exclusive use of a <br /> particular area. The court said: <br /> "Plainly the key fact in Swain was the tenuous <br /> connection petween the campers and the campsites <br /> they occupied. The facts of the case at bar are <br /> much different, and the reasoning of Swain leads us <br /> to the opposite conclusion. Purchasers of <br /> interests in the Birch Point Colony Club make a <br /> substantial investment and acquire a fee simple <br /> interest of perpetual duration. Although the <br /> Declaration of Covenants and Restrictions is <br /> drafted to suggest that Michaud may from time to <br />