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2007-02-02 TKOOB
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2007-02-02 TKOOB
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happen to have two houses on your property, it doesn’t make a difference, you can’t sell them <br />the house. Yes, you have a question? <br />SIRACUSA: Yes, could I, just a bit of clarification. <br />GRAHAM: Commissioner Siracusa, go ahead. <br />SIRACUSA: Thank you. Could you sell someone a half interest in that one acre and <br />then decide between the two of you that they can use that back half and you would use the front <br />half without it being, you know -? I’m wondering if there’s a way to get around. People are <br />always looking for loopholes, you know. <br />YUEN: Technically you can sell somebody a half interest in your property, then <br />you become tenants in common. Legally you have the right to use the full property. Informally, <br />you can agree. It’s not legally enforceable though. I mean if you tried to enforce the agreement <br />then that becomes an issue with the subdivision law. Okay? So you cannot have a legally <br />enforceable interest in the property that you sell. So the next thing -. <br />SIRACUSA: Even if you did a private contract between the two parties? <br />YUEN: This would not be enforceable. <br />SIRACUSA: It would not be enforceable, okay. <br />YUEN: Right. So the next thing is, if you recall we, ten people will try to do <br />condominiums and they would say this is not a subdivision, this is a condominium. The <br />condominium looks awfully like a subdivision, but there was a legal argument that it wasn’t a <br />subdivision. In the end the County passed an ordinance that essentially calls, and the issue here, <br />a lot of Commissioners weren’t here when we passed this ordinance with the County. But the <br />issue here was, just to take the example in Paradise Park, say, and it would go hand in hand with <br />the fact that you could put more than one house on a lot, say somebody had gotten an ohana <br />permit and had built two houses on a lot in Paradise Park, then they would create a condominium <br />and sell one house as a one condominium unit, and the other house as the other condominium <br />unit. This got to be a big issue in the agricultural areas. Because, to just take an example, you <br />have areas that are zoned Ag-20 acres, so you’re a 20-acre minimum lot size. So you would <br />have a 20-acre lot that would then be condominiumized into several different interests. It’s <br />creating a virtual subdivision and really creating a loophole in the Subdivision Law; and then <br />you have no ability to control density in the land, Agricultural District any more. So this is <br />actually becoming a predominant way of dividing up land in the Agricultural District, rather than <br />through subdivision, particularly for these two or three unit issues. So that’s an example of the <br />way that people try to get around condominiums. <br />So just to bring this back to this discussion, the concern here is they appear to be selling an <br />exclusive interest in a unit which occupies a piece of ground. And we do not understand how <br />you can do that without it being a subdivision or some other kind of land interest that is being <br />violated here by, that they’re basically violating subdivision law by trying to sell an interest in a <br /> EXHIBIT C 4 <br /> <br />
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