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356955 Views 1,450 Replies Latest reply: Jan 13, 2014 6:49 PM by grace300 RSS Go to original post 1 ... 67 68 69 70 71 ... 97 Previous Next
  • Contributor 30 posts since
    Feb 22, 2012
    Currently Being Moderated
    1,020. Apr 5, 2012 8:44 AM (in response to alohaes)
    Re: Hawaii Trying to Kill VRBO

    I understand that that HRS 467 provides the basis for PMs to manage multiple units, but that does not relieve the owner under 421-43f to have to designate an agent, to which this bill goes on to define as a person employed by a single owner for this purpose. The bill seems clear to me that all off-island owners must desgnate an "agent", and the definition for agent does not accomodate a PM that manages multiple properties.

  • Contributor 78 posts since
    Mar 18, 2012
    Currently Being Moderated
    1,021. Apr 5, 2012 9:17 AM (in response to grs)
    Re: Hawaii Trying to Kill VRBO

    Thank you grs.   I am hopeful that we will be able to successfully argue that agent is equivalent to local contact, and even more important that the provision of a 1:1 ratio for each "agent or local contact" per owner is removed.   We are working to get this latter issue clarified with the senators, with HAR and the Real Estate Commission.  TBA...

  • Contributor 39 posts since
    Feb 21, 2012
    Currently Being Moderated
    1,022. Apr 5, 2012 10:10 AM (in response to blackburied)
    Re: Hawaii Trying to Kill VRBO

    It seems like they are trying to pull the wool over our eyes but our eyes can

    see through their sneaky ways.  This whole thing is so unbelievable!

     Gail Baker

  • Contributor 175 posts since
    Feb 22, 2012
    Currently Being Moderated
    1,023. Apr 5, 2012 10:58 AM (in response to fairwayshomeowner)
    Re: Hawaii Trying to Kill VRBO


    fairwayshomeowner wrote:

     

    It seems like they are trying to pull the wool over our eyes but our eyes can

    see through their sneaky ways.  ...

    Very sneaky.  I do think this new bill will be tougher to fight in court.  Previous bills have clearly required a manager to do things in-state that clearly can be handled as easily beyond the states borders.

     

    This only states "an on-island emergency contact", which only makes sense (and would pass muster with interstate commerce laws and NAFTA), until you realize that if you're not using a PM, you have to hire a full-time W2 employee to meet the requirement.  This makes sense if you own maybe 20 properties... but a full-time employee for one small condo... you're out of business.  While this requirement for the employment status is completely unreasonable, I don't know how interstate commerce or NAFTA laws would now be used to fight this.

  • Contributor 34 posts since
    Feb 19, 2012
    Currently Being Moderated
    1,024. Apr 5, 2012 11:17 AM (in response to blackburied)
    Re: Hawaii Trying to Kill VRBO

    We have an on-island contact. He is a licensed realtor but not a "property manager." we pay him a very modest monthly retainer and he is listed with our AOAO and named in our rental agreements. Because he is a licensed realtor, he is (I believe) able to perform such duties for multiple units. If there is interest, I could ask him I'd he is willing to take on additional Maui owners.

  • Contributor 175 posts since
    Feb 22, 2012
    Currently Being Moderated
    1,025. Apr 5, 2012 11:38 AM (in response to aurorasands)
    Re: Hawaii Trying to Kill VRBO

    I'm  not on Maui, but would be interested in knowing what a licenced realtor charges for doing absolutely nothing but allowing their name to be spewed across the Internet (I'd actually use a phone number that is directed to me for any calls)?

  • New Member 14 posts since
    Apr 5, 2012
    Currently Being Moderated
    1,026. Apr 5, 2012 11:45 AM (in response to blackburied)
    Re: Hawaii Trying to Kill VRBO

    As I have been following this and waiting for the final product I guess we have it now.  I am not sure what to think about it.  I think Baker took a safe route and I think we need to be careful now.

     

    First, everything Baker said I believe is already law so I don't think there is anything we can do at this point.  One of the PMs going for this posted a blog a while back at http://activerain.com/blogsview/2838154/a-look-at-current-hawaii-vacation-rental-laws  I think these are the same laws Baker is using.  I think we need to be careful because if we are calling Baker and telling her this law is stupid it is going to make us as owners look bad because it will probably show her the PMs are right and that we do not follow the current laws.

     

    Second, the craziest part of everything to me is that I thought they were after the tax money and I think they did nothing about that.  The PMs were big on trying to make us use them to collect money and Baker did nothing about that. 

  • jwe Contributor 284 posts since
    Feb 18, 2012
    Currently Being Moderated
    1,027. Apr 5, 2012 12:43 PM (in response to aurorasands)
    Re: Hawaii Trying to Kill VRBO

    I would be interested if they could take on additional Maui owners.

    It is probably easiest if they or you provide information to me at

    Maui@Pinninvest.com

    Mahalo

  • Contributor 34 posts since
    Feb 19, 2012
    Currently Being Moderated
    1,028. Apr 5, 2012 12:52 PM (in response to jwe)
    Re: Hawaii Trying to Kill VRBO

    I will ask him and let you know.

  • Contributor 175 posts since
    Feb 22, 2012
    Currently Being Moderated
    1,029. Apr 5, 2012 1:17 PM (in response to blackburied)
    Re: Hawaii Trying to Kill VRBO

    blackburied wrote:

     

    Very sneaky.  I do think this new bill will be tougher to fight in court. 

    I've changed my mind.  We will be able to fight this on interstate commerce and NAFTA grounds.

     

    What they've done with this new bill is change the existing legal definition of managing agent, and require that the agent be the emergency contact and therfore must be on-island.

     

    Existing laws exclude the owner when requiring that you either need to be a licensed PM or real estate agent to mange or sell more than one property.  You can currently "sell by owner" or "manage by owner" without being a licensed agent.

     

    The new law now excludes off-island owners from being managers/agents on the grounds that "an emergency contact needs to be on-island" and the "emergency contact" must be the legal managing agent.

     

    While the latter is true (we do need an on-island emergency contact), that does not preclude us from being a manager; there is no reason why an emergency contact must be in the legal definition of manager/agent.

     

    They were tricky, but a judge will see through their attempt to take away duties that we can do without being on-island and invalidate the combining of "local emergency contact" and "agent", and if passed, the law will go down.

  • Contributor 78 posts since
    Mar 18, 2012
    Currently Being Moderated
    1,030. Apr 5, 2012 1:11 PM (in response to alohaes)
    Re: Hawaii Trying to Kill VRBO

    Everyone, please discontinue your studying the strange language regarding the 1:1 owner:agent issue.

     

    We have been in contact with and received a reply from Myoung Oh, the Director of Hawaii Association of Realtors.  He has provided some background as to why the language was provided relative to the single owner/single contact.

     

    However based on my concerns expressed to he and the Chair of the Real Estate Commission earlier this morning he advises more work to be done.  

    As such, please procede with the balance of your review of the language so you are ready when the new language for the "agent" is re-presented to us.

    Here is a portion of the response from Myoung Oh:

    "While the SD2 is clearly better, we believe more work can bedone and we will gladly assist in any endeavor. Unfortunately, we would appreciatemore time, such as the interim, to work with interested and vested parties tocome with a workable solution. I believe this could be a cooperative endeavorbetween Realtors, investors, DoTax, Counties, and timeshare."

     

    What this means is stay tuned, be patient, they will contact us again with another update on this matter.

  • Contributor 175 posts since
    Feb 22, 2012
    Currently Being Moderated
    1,031. Apr 5, 2012 1:45 PM (in response to alohaes)
    Re: Hawaii Trying to Kill VRBO

    alohaes wrote:

     

    Everyone, please discontinue your studying the strange language regarding the 1:1 owner:agent issue.

    The problem is: in watching 1706, 1707, 2089, and 2078 flow through committees, they have changed the wording or moved the wording to a different bill a dozen times now, but they have yet to change their underlying desire that we significantly unnecessarily increase on-island employment and assure greater cash flow to the state (under the fallacious guise of better tax collection and better guest service).

     

    My personal belief is that the wording shell game is purposeful, and they won't end this shell game until it's law.

     

    They say they want me to do things I'm already doing (paying taxes and giving guests local contacts), yet they want me to do it in a way that will "break the bank".  I can therefore only figure their desire is to "break the bank".

     

    I'll wait for the next word churn.  But, I won't "hold my breath", thinking that they will change anything.

  • Contributor 78 posts since
    Mar 18, 2012
    Currently Being Moderated
    1,032. Apr 5, 2012 3:12 PM (in response to blackburied)
    Re: Hawaii Trying to Kill VRBO

    Blackburied,  I am in agreement that we need to be very cautious.  And you are 100% correct about the shell game.  Or at least 99% correct!

     

    We need people to be watching for this stuff appearing in other bills.    So look at what's coming up that has any of the same words, including but not limited to

     

    non-resident

    nonresident

    taxation

    condominium

    consumer protection

    the new phrase they used for nonresident, this phrase "any owner who resides without the State or on another island from where the  transient accommodation is located "

    transient

    HRS521

    HRS521-43

    HRS467

    HRS514A

    HRS514B

    advertisements

    Transient Accommodations;

    Designated Agent;

    Relevant Information;

    Advertisements;

    Department of Taxation

  • Contributor 78 posts since
    Mar 18, 2012
    Currently Being Moderated
    1,033. Apr 5, 2012 3:36 PM (in response to crazyblogger)
    Re: Hawaii Trying to Kill VRBO

    IF

     

    they were after the tax money, they would have gone after all the illegal TVRs and all of the laws would have applied equally to all owners.  Instead they chose a strategy to anger their best taxpaying segment of the TVR community by segmenting us out and initially proposing to take this best taxpaying segment and hand them over to Whalers and Sullivan Properties.   All of this was based on "studies cited" that have never materialized.

     

    Alternatively this is all about cheap votes to win elections and perhaps endear or re-endear themselves to lobbyists.

     

    It is not about taxes

     

    If it truly is about taxes, then legislators need help to write bills about taxes because so far, they've missed rounding up the cheats.     Instead, they've cornered and angered the group that is perhaps overall the highest in honest remittances.       PLUS,  They've stalled or reversed a real estate comeback because like it or not, your property value has gone down over this controversy.    Smart money will go somewhere else for now and until and if the dust ever settles in Hawaii investment-grade properties.  This IMPACT that has already commenced will cause a reduction in Property Taxes!   For years to come....

     

    It's not about taxes.

  • New Member 8 posts since
    Mar 15, 2012
    Currently Being Moderated
    1,034. Apr 5, 2012 4:38 PM (in response to alohaes)
    Re: Hawaii Trying to Kill VRBO

    I think it would be a good idea for VRBO and Homeaway to get involved in this issue.  Think about it.  If these proposed laws are passed, and owners/investors flee the islands, then the same owners/investors will cancel their VRBO and Homeaway accounts.  I suspect that this could result in fairly significant reduction in revenue for VRBO and Homeaway.  How about it VRBO and Homeaway, are you ready to kick in some funds to help support the legal and associated expenses to fight these proposed regulations?  If you do contribute to the cause, you will be protecting your own accounts.

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