HomeMy WebLinkAboutHeimburger, Stefan
Tsuneda, Kaci
From:stefan@heimbi.de
Sent:Monday, July 27, 2026 5:23 PM
To:Council Testimony
Subject:Public Testimony on Bill 147 – Protect Existing Legal STVR Rights
Aloha Members of the Hawaiʻi County Council,
I am writing to submit comments regarding Bill 147 and its potential impact on legally
operating Short-Term Vacation Rentals within the RM zoning district.
I am the owner of Unit B209 at Kona Pacific. We purchased our property with the clear
understanding that short-term vacation rental use was legally permitted. This lawful use
was a fundamental part of our purchase decision, our financial planning, and the value we
attributed to the property.
We have operated Unit B209 as a legal short-term vacation rental for approximately five
years. During this time, we have complied with the applicable regulations, maintained the
property responsibly, paid HOA dues, insurance premiums, maintenance expenses, and
property taxes, and contributed continuously to the local economy.
We understand that amendments to the RM-related provisions of Bill 147 may currently
be under consideration. We respectfully ask the Council to ensure that existing legally
operating STVR properties are permanently protected as lawful uses.
Changing the legal status of these properties after owners have purchased, financed,
maintained, and invested substantial amounts of money would fundamentally change
what those owners purchased.
Removing or restricting existing STVR rights could result in:
A substantial reduction in property values.
Reduced marketability and a smaller pool of potential buyers.
Uncertainty for owners, buyers, lenders, insurers, title companies, and real estate
professionals.
Difficulties obtaining financing or refinancing.
Financial hardship for owners who rely on lawful rental income to cover
mortgages, HOA dues, insurance, maintenance, repairs, and increasing property
taxes.
Unequal treatment of otherwise identical units within the same condominium
complex.
1
We are particularly concerned that requiring existing RM-zoned properties to operate
only under a Non-Conforming Use Certificate could create two different classes of
owners within the same condominium community.
Two identical units in the same building should not have fundamentally different legal
rights because one owner holds a certificate while another owner or future purchaser does
not.
Any protection for existing legal STVRs should therefore:
Be permanent.
Remain attached to the property.
Be transferable to future owners.
Survive a sale, inheritance, or change of ownership.
Not depend on uncertain future renewals or temporary approvals.
A rental right that expires or disappears upon sale does not meaningfully protect the
current owner, because it would still substantially reduce the property’s value and
marketability.
Legal STVRs also provide substantial benefits to Hawaiʻi Island. They generate recurring
employment and business for cleaners, property managers, maintenance providers,
plumbers, electricians, contractors, landscapers, and other local service providers.
Guests staying in legal STVRs spend money at local restaurants, grocery stores, farmers’
markets, retail businesses, rental car companies, tour operators, and activity providers
throughout the Kona area.
Responsible legal operators also maintain their properties, communicate condominium
and neighborhood rules to guests, respond to problems, and operate within an
accountable regulatory framework.
If the County believes that different rules are necessary for future development, those
changes should not diminish the long-standing rights of properties that were legally
purchased and operated under the existing zoning regulations.
We respectfully request that the County Council amend Bill 147 to permanently preserve
the lawful and transferable STVR rights of existing legally operating RM-zoned
properties, including Kona Pacific.
Thank you for your consideration.
Sincerely,
Stefan Heimburger
Owner, Kona Pacific Unit B209
stefan@heimbi.de
2