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Bernard K.tAkaru ' _ Mayor Richard 1. Wyatnot0 Corporation Cou l teven nt Corporation ' ' ~ ] Office of the Corporation Counsel Amutt Hilo Lagoon centre • 101 Aupunl Sheet, Sidle 323 a Hilo, Hav,ail x720 a (808) %1-8231 ~K•.t•rl November 20, 1989 Honorable Helene H. Hale, Councilwoman County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Councilwoman Hale: Re: Kamani Trees Subdivision: 'Subterfuge' This is in response to your November 2, 1989 memorandum in which you requested an opinion on whether or not the Kamani Trees subdivision is a 'subterfuge.' It is our opinion that the Kamani Trees subdivision is not a 'subterfuge,' and that its development so far has not violated either Hawaii County Code chapter 23, the Subdivision Code, or Hawaii County Code chapter 25, the Zoning Code. As this office's opinion of October 24, 1989 stated, the Kamani Trees project is a legal subdivision, which meets all of the requirements for subdivision approval by the Planning Director, as set forth in Hawaii County Code chapter 23. As that opinion pointed out, it is legally possible for real property to be both subdivided and owned as part of a condominium property regime. As the October 24, 1989 opinion further pointed out, the use of condominium development as subterfuge deals with situations in which a developer creates a condominium form of ownership for a parcel of land and then attempts to sell the land as divided parcels without putting in improvements which meet county subdivision standards. The Kamani Trees subdivision has been approved by the Planning Director pursuant to chapter 23, and it does have proper improvements. Your question is apparently directed at the prospect of each subdivided lot being granted an ohana permit and then the subsequent conveyance under the condominium property regime of each dwelling unit. Although the result is that there will be more than one single family residence per