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10%07.98 WED 10:18 F:1% 8083 139 X002 r. Gum I yev 11 Y (QUO) Jgsu45[ v Jno U a.. J r.n1 u i February 10, 1998 VIA FACSIMILE 1-800-586-6659 TO: Senators Robert Sunda and Marshall K. Ige, Co-Chairs COMMITTEE ON GOVERNMENT OPERATIONS & HOUSING (GOH) AT: Conference Room 224, State Capitol, 1:00 P.M. RE: S B 31 95, RFI ATIN TO ON OMINIUM PROPERTY REGIMES Aloha Cc-Chairs Sunda and Ige and Members of the Committee: I have reviewed the referenced bill and submit this testimony in strong qupport of the intent and stated purpose of this legislation. In recent years, West Hawaii and Kona, in particular, have experienced increasing use of the condominium property regime (CPR) to develop land and "subdivide" its ownership, especially in areas zoned for agricultural use. Increasingly, the net result has been that underlying county land use laws and regulations have been bypassed and/or rendered ineffective. This practice, in turn, has led to significant local controversy, costly legal challenges, and the inability of Hawaii County to properly address the impacts these kinds of projects have on the community in which they are located. There is a widespread feeling among Kona residents that the establishment of the CPR under H.R.S. 514A did not envision this result. For these reasons, it is necessary to amend this statute to prevent its further unintended application. The referenced bill clearly addresses this, and the proposed amendments appear to provide a reasonable resolution. Therefore, I respectfully urge your favorable consideration of this bill. Thank you for the opportunity to comment on this important matter. Sincerely, J. Curtis Tyler, III Council Member - District 8 (North Kona) County of Hawaii Tel: (808) 326-5684 Fax: (808) 326-5697