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<br /> <br /> <br /> Bernard K Akana <br /> w~or <br /> Richard Mlyamoeo <br /> corpontioe Counw] <br /> ,.r,.. Office of the Corporation Counsel Arshnt Ccponaeb Counod <br /> Hilo Lagoon Centre • 101 Aapanl Street. Suite 725 • Hilo, Hawaii %720 • (000) %1-0251 <br /> • <br /> fNE Cp?/~ <br /> `M V <br /> <br /> Qctober 3, 1989 7 CC <br /> <br /> <br /> <br /> Honorable Russell S. Kokubun, <br /> Chairman, and Members <br /> County Council <br /> County of Hawaii <br /> Hilo, Hawaii 96720 <br /> Dear Council Members: <br /> <br /> Re: Relationship of Ohana Permits to <br /> Condominium Development <br /> <br /> This is in response to your question, raised at the Council <br /> meeting of August 30, 1989, as to whether or not permits for <br /> 'ohana' units, as defined in Hawaii County Code, Chapter 25, <br /> Article 25 may be allowed in condominium developments. Based <br /> upon the current state of the law, our response is that property <br /> which is owned and developed pursuant to H.R.S. Chapter 514A, <br /> the Condominium Property Act, may receive ohana permits if the <br /> County of Hawaii Planning Department has granted subdivision <br /> approval to the property. <br /> I. Condominiums <br /> <br /> To understand the issue at hand, the term 'condominium' must be <br /> clearly understood. <br /> Condominiums in the State of Hawaii are defined and controlled <br /> by H.R.S. Chapter 514A, 'Condominium Property Regimes,' formerly <br /> referred to as Horizontal Property Regimes. H.R.S. $514A-3 <br /> defines 'condominium' as: <br /> <br /> [T]he ownership of single units, with common elements, <br /> located on property within the condominium property <br /> regime. <br /> <br /> <br /> <br /> <br /> Essr_r7 ~ w <br />