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All the numbers worked! I'm surprised there are so few (25 total reps+sens)? A few of the numbers took a few tries. No busy signals, I'm guessing everybody is waiting for later? Faxes are better than emails: they will delete the email and only give the rep/sen a tally... they'll throw-away the faxes too, but will have to look at the big stack of paper in the trash all day long.
@jive I am just not getting what is happening now. I looked at the Hi
legislature HB2078 HD2 SD2 and the thing that is not clear is the Duties of
the Designated Agent and who that agent can be.
The trick they are pulling is, in essence, to redefine who can be our on-island contact, and exclude us from being able to manage our own property.
Previously HRS521-43(f) said we had to have a local agent contact, but as this law is a landlord-tenant code, "agent" had nothing to do with licensed real-estate agents (and was not defined... look for all use of agents in the text). This paragraph was merely about providing an on-island emergency contact.
They are changing that so that the on-island agent is basically a caretaker, as defined in HRS 467.
So, you can have a licenced agent, as defined in HRS 467 manage your property, or an exclusive caretaker. But, since you are not on-island, you can't be the "agent" for your property.
I think the only thing a caretaker has to do is be on-island, but they must be a regular W2 employee of yours, and given they can't work for another owner, they better have a full time job elsewhere. I'm not sure all the things needed to have a W2 employee... I guess that means you need to provide insurance and such.
One way or another, the state won't be happy until they have every penny, and we're bankrupt.
blackburied, fax numbers are only for senators, does not include the list for representatives. mvaughn may post representatives fax numbers later. I shall not. alternatively you can find them on the hawaii.capitol.gov site.
Fairwayshomeowner - Do you understand what is going on now? In a nutshell, the bills are going to the floor for a vote on Tuesday 4/10. Option to submit testimony is over. So far it has been approve and passed. We can only send emails or faxes now. Email is easier (see above for email addresses). The issues at hand are the 'owner must employ on island agent and agent can only work for one owner', the requirement to add on island agent name and phone to advertisement and last any requirement that would result in non resident owner having to hire PM or licensed real estate agent. See Adams letter above for more details, although most of his opposition is regarding the Canadian point of view, not sure if that applies to you. Please post if you are not clear so we can explain further. Or join FB at
Totally understand your situation. This bill has been very difficult to understand. As KBR suggested you may wish to send a request to join the fb team where we collaboratively work together to unravel what is going on with the bills and this work helps us all understand what exactly we are facing and how to interpret and respond.
I offer here my letter for your review which is one way to "understand" and to respond to the bill. Unlike others, for example Blackburied, I deliberately chose to stay clear of naming the various HRS statutes, rather to instead speak only to the business related principles so I think you will be able to follow my letter's meaning more easily. You can still send your letters anytime until Tuesday morning. So please feel free to take from here what is helpful (and anyone else can do so to, the point is to ensure that each Senator and each Representative see the number of voices maintaining a strong representation here).
Ytd comparisons 2011 to 2012, total sales volume for condominiums has dropped 35% (while home sales ytd comparison volume has risen 35%).
Ytd comparisons 2011 to 2012, total sales volume for condominiums has dropped 23% (while home sales ytd comparison volume has risen 20%).
1) Pay all GE and TAT taxes owed.2) Provide relevant information to condominium associations or equivalent that will be forwarded annually to DOT.3) * Owners are split on agreement/disagreement of placing registration ID in internet advertising.
1) Maintain in proximity of the property a local contact.2) Maintain with condominium associations or equivalent the local contact information of all rentals' owners, where the on-island owner may designate his/herself as the local contact.3) Provide the consumer (rental guest) the name and contact info of the local contact in both the written rental agreement and in prominent display within the rental unit.
I think another assumption we need to dispel is that a manager on-island can react more quickly.
In the age of cell phones and the Internet, there is no longer reason to believe that a remote owner/manager cannot react as quickly as somebody on-island.
There is no reason why I can't bird-dog a plumber from afar as well as someone on-island. We're both sitting at our desks, neither capable of handling the plumbing problem personally, we both will use our real time access to phones and the Internet to solve the problem.
If my condo is rendered uninhabitable, how could someone on-island get them an alternative place to stay faster than I can?
If a tsunami or typhoon is heading for the island, I'm all over that many hours before it will hit.
I think we've all (or at least I have) assumed that an "on island emergency contact" cannot be as well handled by a manager who has a network of on-island contacts. Those contacts don't need to be managers... they are plumbers, electricians, housekeepers, friends... all able to be there if somebody needs to be there quickly... and they can be contacted as quickly from Quebec or Atlanta as they can from Kona.
It really comes down to how reliable a given manger is. How quickly will they respond to an email, text, or phone call? How well networked are they on the island? Owners, in general, having a vested interest, will be more conscientious, no matter where they are.
Sometimes even I don't realize how powerful these new tools have made us. We are as viable a manger in all respects, and are not handicapped by our location.
Not only that, but us 'non resident' owners typically have two points of contact, our on island rep, and ourselves. I have always been contacted first if one of my guests has a question or issue, which proves that being on or off island is irrelevant in regards to customer service.
You are absolutely correct. However legislation requiring an on-island
agent for non-resident property owners is already in existence. It is
probably unconstitutional since it is discriminatory and represents
restraint of trade.
Personally we always ask our guests to contact us first, and only in the
case that they cannot get hold of us to contact our on-island person. My
phone connects to and from HI to the mainland just as well as our agent's
phone does to locations within HI.
As I mentioned, the existing regulation is probably unconstitutional and If
these bills pass, it is likely that we will challenge the existing
regulations in court at the same time we challenge the new ones.
... legislation requiring an on-island agent for non-resident property owners is already in existence.
I asked the other day if anybody could tell me the regulation.
All folks could come up with was the exceptions in HRS 467-2... but as owners, we are excepted, and do not need to take the "caretaker" exception.
Are you thinking of another law? If so, which?
Here's a little comon sense quiz for you:
In the event of an actual emergnecy (tsunami, hurrincane, flood, earthquake) where is a condo renter most likely to look for assistance?
1) Call the front desk
2) Call 911
3) Turn on the TV and watch for news alerts
4) Turn on the Radio and listen for news alerts
5) talk to other guests in the complex
6) look at the information (such as Tsunami evacuation zone) posted in the condo
7) look at rental documents
8) log onto the internet, try to find the advertisment for the condo they booked, and look up the local contact info (if they can remember the website and listing number)
What I said should be interpreted as my belief rather than a legal
opinion. My belief comes from hearing it multiple times over the years
I admit to total inability and lack of time to unraveling the existing
If that last quiz was too tricky (for any developmentally impaired groups and/or Hawaii Legislators) here is another chance to test your knwoledge:
In the event of a minor emergnecy (cloged toilet or sink, door lock malfunction) where is a condo renter most likely to turn for assistance?
1) Call the front desk
2) Call the lcoal contact, as listed in the rental documents
3) Call the lcoal contact info, as posted inside the condo
4) Contact the person (or company) whom they rented the unit from.
5) Contact the owner, who said "feel free to call or e-mail with any questions or concerns"
6) log onto the internet, try to find the advertisment for the condo they booked, and look up the local contact info (if they can remember the website and listing number)
It is a completely transparent vehicle for PM vigilantes to scan our TVR
advertising to ensure that we are in fact abiding by the law and that
the same individual is not listed more than once. They have every
intention of blowing the whistle on us!