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If the law goes through we should be able to find a realtor that "manages" our property without really doing anything for a very nominal fee. If not I'll get my license and do it. I'd charge a $100 per year and let the owner do their thing through VRBO. In fact VRBO could provide this service too. There must be a way around it. Aloha!
@Bruce Do you live on island? How could live on all islands? I have a CA RE
license and that won't work.
Discount Window Coverings
I wish everyone would stop spinning out of control here! The requirement for an owner to use a licensed property manager/real estate agent is NO LONGER in the bill, and hasn't been for several weeks. Please get with the picture. There are a lot of people working dilligently (as opposed to moaning) to get this thing taken care of, and if you look at Roz's reply, she stated quite clearly, the requirement was no longer in the bill - and that's true. The Hawaii Association of Realtors (State) as well as the Government Affairs Committee with Maui's board has been working hard at the Leg. to make sure it stays that way. If you want the latest update from someone other than Roz, call the Realtor's Association of Maui - 873-8585.
Our attorney disagrees. This is an important point and the Realtors Association does have a vested interest. And Sen Baker has been pushing several similar bills even though it will cause some of her Maui constituents to lose business and jibs. We will leave the point alone only when we have an opinion from a source we trust.
from my iPad
You need to realize that the current draft of HB2078 has a fatal flaw that has been analyzed by our attorney. The current draft is unconstitutional and will not be tolerated by off island owners of transient vacation rental owners. You need to clearly understand just what this bill is saying and what the issue is; as written, the bill is unconstitutional. Clearly the realtors influence on drafting the current bill has contributed to the problem with this bill. Realtors need to stop trying to influence legislation in a way that benefits the real estate agent community at the expense of off island owners of TVR units. It simply won’t be tolerated.
I wish everyone would stop spinning out of control here! The requirement for an owner to use a licensed property manager/real estate agent is NO LONGER in the bill, and hasn't been for several weeks.
HRS 467 is the law that allows licensed real estate agents (PM's) the right to manage multiple properties. But, it gives an exception for owners _OR_ caretakers (exclusive representative, can represent no other owners).
2078 says if an out-of-state owner manages the property themselves, they _MUST_ have a caretaker, in essence changing the exception to an _AND_, and removing our right to manage our own property.
They have aligned the definition of caretaker in 2078 with HRS 467 for this reason.
Since it makes no sense to hire a full-time W2 employee to manage my 800 sqft condo, my only recourse becomes a licenced property manager. So, it doesn't specifically require a PM directly, but it forces a worse alternative if you don't.
How incredibly typical (of what we've experienced from the Aloha Sate) and rude your response is about talking about other people like Roz Baker working diligently and the rest of us, hundreds of us, whose lives have been disrupted for 3 months due to the legislative effort to undermine our property ownership rights.
RAM has not stepped up until now to call us "moaners"? As a profession whose livelihood is based on interacting with sellers and buyers of real estate? That is a Sales and human contact profession that supports individuals who are making what is likely the largest financial decision of their lives. That is how you think of us? Just another bitter aftertaste and you can be assured that none of the people who have been affected will ever forget this type of attitude, yours added to the heap now.
You might be privvy to something we are not, but that is no excuse. If you are reading the bill, and do not have the history, then you don't see the complete picture. And for a profession that deals with contracts, you should know that you can never look at one small portion of the big picture, you must look at the entire scope.
Do your homework, study the origin, starting with HB1707, HB1706, SB2089, the hijacking of HB2078, study the testimonies (over a thousand at this point), read all the articles that have been written and the responses to them, and then come back to this site and write a note that shows you actually understand what we're talking about here.
The link to the legal opinion regarding agents is below.
Monkeybusinessmaui, If you have not been involved in battle very long, you
may be inclined to give many people the benefit of the doubt.
Although that may work in most situations that you encounter in life, this
is not one of those occasions.
Those that proposed and supported this blitz of legislation do so for very
self serving purposes and have used all types of unsupported allegations to
obtain their way.
They do not deserve good will or our trust. They have declared war on our
constitutional rights and will not be happy until they have inflicted
substantial economic harm to us.
Here is the link:
"Spinning" is the operative word related to what the legislators are doing.
As far as the moaning goes, I have been doing mine mostly in the privacy of my home. That said, this whole episode reminds me of the true story I read recently of a wolf in Utah who unexpectedly caught his foot in a bear trap. He was moaning in pain. A man arrived in a truck. If he had been a person caught in the trap he might have been happy to see the man and believed hopefully in his own rescue. However, he was a wolf. The man drove by slowly and shot him, non-mortally, causing him to moan more. The man continued to drive back and forth shooting the wolf at random times to continue causing him pain. At one point, he stopped and had someone take his photo crouching in front of the still alive but seriously wounded wolf. He was smiling from ear to ear and very proud of himself. For you see, in Utah they don't like wolves.
Just as apparently, in Hawaii, they don't like non-resident vacation property owners.
I, for one, will stop moaning, crying, swearing and praying about this situation when the legislators do the right thing and stop shooting at us. The expectation that they should make reparations for the damage they have inflicted in the past two months is foolhardy but I still have it. Kind of like expecting the man to suddenly free the wolf and take him to the vet. Not gonna happen. So I will be content but no less wounded when they stop shooting at us.
How mortal the wounds are will remain to be seen. I can honestly say that I cannot in good faith at this time market Maui with the level of enthusiasm and joy that I did 3 months ago. I have nothing good to say about it right at this time. It is clear, monkeybusinessmaui, that you have no idea of the loss we have all suffered emotionally as a result of being treated like this since you, in your dismissive message, just added to it.
I agree with others who have posted that you are taking an oversimplified view of the current legislation. It has been spun to make it SOUND like it is palatable but it is the same old poison, imho.
I love the analogy, but please tell me it is not true.
My analogy is a little different. We were walking safely in a pedestrian
crosswalk, but instead of stopping, vehicles driven by property managers,
realtors and legislators revved up their engines and speeded straight at us.
Please give MonekybusinessMaui the benefit of the doubt. Everyone deserves
it until they prove they do not deserve it.
I have been become very cynical and callused the last few months but still
believe that people mean well until proven . Hopefully MonkelybuisnessMaui
will not have to endure what we have endured.
monkeybusiness maui, I see from your profile that you just joined this group today. Have you actually taken the time to read all of the posts and follow what's going on here or are you carrying someone else's water by suggesting that we're spinning out of control?
I applaud all of you who are engaged and working SO hard to insure your rights as OWNERS are secured.
I know it's a hard, and often frustrating battle, but hang in there!
AND, never underestimate the power of the press - especially during an election year!
If your elected offical is not listening to you, than GO - write letters (and make sure you send copies to the incumbant's opposition).
As my granfather always said "There is more than one way to skin a cat".
Keep on fighting!
Thank you for all your replys.
1. I'm not a representative of RAM, I suggested you call them.
2. I am an owner, just like you and whether we live here or not, that law would have applied to everyone - not just off-island owners. Lets not destroy our strength by creating divisions amonst us.
3. I've been involved in this since Day 1 and have sent my own personal testimony to the Leg a long time ago.
4. Only a small part of the Realtor community crafted this bill - the Property Managers. The rest hate it and it's caused a huge division amonst them.
5. The law has ALWAYS stated there MUST be an on-island representative.
6. The law has ALWAYS stated any person may not manage units for more than one owner without a license.
7. The law defines managing as handling the money/reservations. If your cleaner is the on island contact and she doesn't handle the money, she does not need to be licensed.
8. The law does require everyone provide a W2 to any person you pay more than $600 to in any industry.
9. I do not support Roz in anyway. What I support is a professional, respectful mannerism when dealing with the very people who can make the changes we need. The letter posted above was shameful, and Roz's reply effectively shut the door in his face. Is that what we want? I think we want to win and we can't do that by slinging hash at her and making veiled accusations. That' RUDE.
Look for advocates, be professional and make a difference. That's all!