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I'll be happy to write a few Big Island articles for your website to make it a bit more appealing if you like. I can include photos of the Big Island if you haven't got any.
Just an offering, peace offering that is
Great! I am licensed. Sure analyze my website! I am open for criticism of it, but not on this forum. That's not what it is for. But I also have nothing to hide. I feel so sorry that you are soooooo missing the point of all of this. We agree - get the unlicensed rentals. Find those that aren't paying taxes. We agree on that much! But what I don't think you understand is that having a realtor take over my properties will not help the state of Hawaii.
I totally get the realtor thing. in fact it's the worst part of the bill. But it's alls we got for now. I'm sure they will ammend that our or lossen up the language after they get a grip on hose who don't pay.
They are famous for starting someplae and ending another so, if this is the starting point, the ending can only be better. -Draconian Confucious
I'll send email via your site and make suggestions on some awesome content.
That's not unique to Hawaii and it's not unique in this economy.
But if they are regulated to cover transient rentals they would be subject to more extensive penalties , I suppose.
Thank you! You have just made our point. There are plenty of other states in the US and elsewhere with vacation rental accommodations, so why is it that Hawaii is the only jurisdiction that finds it necessary to take unconstitutional and anti-competitive measures to line the pockets of realtors and property managers?
What extensive penalties are you talking about?
Alright, hulagirl. You said to do some research, so I did. First, the Hawaii State governments own audit just a few years ago found there was a high rate of compliance--no big problem. But then, I thought I would do a little investingating of my own. I opened VRBO, and following your lead, I looked at every single ad for Kapoho where you said there is a great deal of non-compliance. There are 78 ads. Of those, 73 specifically mention Hawaii taxes as part of the cost. 5 do not. Of those 5, 2 are from one owner who has a third ad that does mention the taxes, so I think it's safe to say that he does collect them on all properties. That leaves 3 out of 78 that do not mention taxes. It doesn't mean they don't collect them. It only means they haven't mentioned it specifically in their ad. A phone call would settle the question quickly. But interestingly, 2 out of the 3 have Hawaii contact numbers, and the third has a California number. So where is the huge non-resident owner non-compliance that requires such draconian measures? You said in an earlier post that those who follow the law will be fine. Ok--here's the situation. Last year I collected $40,000 in rent plus $5400 for taxes. My cost to operate the condo was $45,000 plus $5400 in taxes. If I have to pay a manager 40% of my rent, my cost increases to $61,000. Please tell me, how will I be fine?????!!!!!!! Let's just say for the sake of argument that 10% of all owners are noncompliant (a figure I believe is far too high), and that they are costing the state $50,000,000 as someone has alleged (without any eveidence, of course). That would mean 90% are compliant, but if you do the math, and if my condo is typical, it means those 90% of law abiding owners are paying $450,000,000 in GET/TAT taxes, but would have to pay managers $1,440,000,000. Now you tell me, where is the fairness in that??????!!!!!!!!!!!! If there is a problem, and nobody has shown any evidence whatsoever that there is other than anecdotes. And if what you are saying about Kapoho compared to the Kapoho VRBO listing is reflective of the rest of anecdotal evidence, it is far from accurate. I repeat what I have posted earlier. This is not about TAT/GET. This is a money grab on the part of a few large property managers who are in search of justification for forcing the vast majority to shell out huge sums of money into their fur lined pockets and they are simply using this as an excuse thinking they could get away with it. The state needs to enforce existing laws. Law breakers should be punished, not law abiders. And the state can just as easily check things out as I did and then compare it to tax records. To pass a law that has such devastating consequences for innocent owners without even doing a thorough study is utterly immoral.
Message was edited by: mauicondoowner
I submitted the following as testimony
OK, here's my read on these bills. The best legal analysis is found in the
Damon Key Leong Kupchak Hastert opinion on the constitutionality of HB 1707,
in a letter to the committee written and submitted by attorney Greg Kugle,
on 2/21/12. This letter is in the list of submitted testimony to HB 1707.
The same logic and legal analysis applies equally to SB 2089. I completely
agree with his solid legal reasoning.
In summary, 1) all three bills (SB 2089, HB 1706 and HB 1707) are
fundamentally unconstitutional, as they discriminate against out of
state/off-island owners, under the Equal Protection and Commerce Clauses of
the US Constitution. The State currently allows resident owners to own,
operate, lease, manage, etc. their own rentals. The state cannot
discriminate on the basis of residency in doing business or otherwise,
unless there is a compelling state interest. There is none demonstrated
here 2) Statutes and rules (HRS and HAR) already exist to require anyone,
including both residents and non-residents, doing business in this state to
properly register that business and acquire business licenses and other
State/County/City required approvals for rentals. Once a business is
properly registered, the Dept of Taxation will send the owner GET forms
which require Semi-annual or monthly payment of computed GET. And County
property taxes are assessed annually.
The problem here is that the state has been ineffective in enforcing its
business registration rules. Now these sponsoring legislators are trying to
fix the problem by masking it and covering it up with new legislation that
is unconstitutional. This is legislating without a valid need or purpose.
All this will do is incite a number of well funded lawsuits against the
state and any agency attempting to enforce any one of these legislative
All these bills need to be deferred indefinitely! This is legislating at its
Hope this helps you with an effective focus and argument against these
proposed unconstitutional rental bills. Please feel free to use my comments
above in any written testimony you may desire to submit on SB 2089. Note
you will have to have your written testimony submitted directly to the
Commerce and Consumer Protection Committee (CPN) no later than 10:00 am
tomorrow morning, 2/27/12. Sen Ros Baker is the Chair. Your submittal
should be specifically addressed to her as chair and the members generally
Let me know if I can help you any further. Thanks for the opportunity to
provide my "realtor" opinion.
Great idea but we also need to include all rentals whether resident or non resident, all used car sales must go through a car dealer and all Internet sales mustvgo through a government approved organization
from my iPad
In truth, when I stayed in Prague I the 1970's when it was behind the iron curtain we were required to obtain our accommodations for a government sponsored organization. This is no different. Only Prague has shifted toward liberty and HI may be going on the other direction.
from my iPad
Please do not forget the letters to the editors. I think sometimes the legislature is more afraid of the public actually figuring out what they are doing than our actual testimoney. These bills will cause huge economic downturn in Hawaii. Everyone who you write checks to, or who your tourists give money to will also lose that income. They in turn will fire employees that they don't need. Plumbers, contractors, painters, furniture stores, housekeepers, and so on and so forth. As you prepare your taxes you will see all of the many checks you have sent out. If we don't profit, we sell our condos and buy in southern California or Florida or elsewhere that we can invest our dollars.
As far as Roz Baker, she is happier having people beg her and then purposely go against them. I wouldn't bother with her but rather mention name her in the letters to the editors = that is way more effective with her. She's a control freak in bed with the hotel unions and every other union. She doesn't like to see her name in print though telling the truth....
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