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8. The law does require everyone provide a W2 to any person you pay more than $600 to in any industry.
I think you mean a 1099. You don't give contractors a W2, you give them, if they are not incorporated, a 1099, if you pay them more than $600. A W2 employee is very different: you also pay employment taxes, healthcare, and other requirements.
Your other statements are true, and nobody denies the current setup that allows us to manage our own property without an agent or caretaker, but your facts skirt around the issue that all we needed before was an on-island contact, and this bill will require a W2 caretaker who can work for no other owners or a property manager.
I think that attorney is blowing "Aloha smoke" probably to the tune of thousands of dollars. Does he specialize in real estate and furthermore vacation rental law? It was my understanding from somewhere on here that Baker checked with the attorney general prior to making the changes to the bill. If so, everything she said is existing law and this bill will not change that. They could stop the bill and that would not change the existing law. The only new aspects are the giving the on island contact to the association and putting it on our ads with our tax number. Given that I believe the house already passed those in different bills I do not see those getting stopped. Right now I think you guys are wasting money that could be used next year to take a different route. In talking to my attorney I am guessing we will need $100,000 plus to start a fight with Hawaii. And he said that was to start it.
monkeybusinessmaui- nicely put. Where do you see that you managing is "collecting rent"? I have never beed able to find that anywhere. If I could, I think that would close the case. Given that HRS 467 spells out managing, leasing, and renting as different things I do not see where we could make the point it is dealing with the money since leasing and renting obviously are.
...It was my understanding from somewhere on here that Baker checked with the attorney general prior to making the changes to the bill...
I believe the AG changed the wording from "out-of-state" to "off-island" (or to add "off-island"), under the thinking that interstate trade is not inhibited if you do it to your own people (although very few constituents live on a different island from where they own).
They do a lot of "off-island" laws... and many should be tested. I think it's pretty transparent here that the intent of this bill is to stick-it primarily to mainland owners.
Why would an emergency contact need to be a licensed real estate agent? If a tsunami is approaching, you could ask them to take you to look at some open houses?
... If so, everything she said is existing law and this bill will not change that. They could stop the bill and that would not change the existing law. ...
I've lost you there. We're not currently required to hire a licensed real estate agent as manager, nor employ a W2 caretaker exclusively working for us. The bill is a dramatic change.
...Given that I believe the house already passed those in different bills I do not see those getting stopped...
Where? All the bills we're talking of are still in a house-senate resolution phase, AFAIK.
...In talking to my attorney I am guessing we will need $100,000 plus to start a fight with Hawaii. And he said that was to start it.
Then again, if we win, the state pays those fees. But, I agree: it won't be cheap. It would be nice to know how big of a pool (of owners) we can plan draw from. I really think we need to plan for this now... if just to show them we're serious about striking this down once it becomes law.
The IRS only required a 1099 for vacation rental owners in 2011. The
requirement was withdrawn in 2012 (If you doubt that, check the front page
of the 2012 1099 instructions).
Your Homeaway profile says you just joined. Were you using a different name
If you have been involved in this fight for a while, I am very surprised by
some of your earlier statements which I previously attributed to not
understanding as to what has happened previously..
I agree that there have been people working diligently.
Property managers and a few legislators have been working diligently to take
away the rights of property owners.
And property owners have been working diligently to protect those rights.
Perhaps there has been some moaning. But it was well warranted.
It is a little curious that you have suddenly appeared on this site,
spouting a good deal of information (along with some mis-information) with
criticism for property owners who have been working diligently defending
themselves against an unprovoked attack by property managers aided by
So, it is not surprising when members of this community questions your
agenda. Or your identity.
The attorney is highly regarded and has a good background in constitutional
If we are faced with the passage of a law that is unconstitutional, many
owners will not have a problem donating their share of the legal expense.
The economic cost of not defending ourselves is much greater than the legal
costs of defending ourselves.
Most owners feel outraged by the attacks we have undergone and if pushed
into a corner, will not only defend their rights, but are also fully capable
of launching an offense battle.
If that happens, there may be embarrassing information that becomes public.
Blackburied- I just meant that Baker went to the AG. I am assuming that they discussed the bill other than just one small part of it. I don't think Baker would have talked to him and then made changes that would not have been discussed during the conversation.
As I mentioned in a previous post, from what I see around my area when I am in Hawaii is that the on island contacts are doing a lot more than taking tsunami calls. I think this is where it all stemed from. In Hawaii they require you to have a real estate license to manage properties and I see no where that collecting money is managing. If everyone opened up their mind, they would probably get that. Seems to me to be really simple...property manager is someone responsible for overseeing a property. Hotel Manager is one that oversees a hotel. Burger King manager is one that oversees Burger King..etc. I personally have never affiliated the term manager with someone that collects money. Think about the property managers, they have to have a license that is primarily affiliated with selling real estate. They are saying "If we have to have it, the housekeepers, etc do too." Look at Wailea, Hualalai, Kauai, etc there are plenty of areas that have private homes that do not rent. In all instances the companies that are managing them are licensed unless they have a "caretaker". I guess my point of all of this is that right now paying attornies money, etc is wasted money. Whoever is being authorized to spend the money needs to spend some time to sit back and think about the bigger issues at hand, take a better stance, and get a knowledgable attorney.
We have a knowledgeable attorney.
You do not have to contribute to the legal fund. Just enjoy the benefits.
To be blunt, either lead, follow, or get out of the way. But please do not
obstruct those that are busting their tails so that you will receive the
Agree with you 100% jwe.
Also, the attorney's memo accurately captures my understanding of the overreach of HB 2078, and provides the historical context for the original intent of some of the existing legislative passages.
I believe in walking tall and carrying a big stick. Bullies end up going away eventually. I like how everyone worked together, each of us in our own way but everyone walking tall. Yes, the big stick is necessary.
Don't forget SB2947 reconciliation reconvenes today:
|4/19/2012||S||Conference committee meeting to reconvene on 04-25-12 1:00PM in conference room 423.|
Here is the contact info for those in the meeting:
|808-586-6160||808-586-6161||Representative McKelvey Angus L.K. (D)||email@example.com|
|808-586-6210||808-586-6211||Representative Keith-Agaran Gilbert S.C. (D)||firstname.lastname@example.org|
|808-586-8475||808-586-8479||Representative Choy Isaac W. (D)||email@example.com|
|808-586-6310||808-586-6311||Representative Marumoto Barbara C. (R)||firstname.lastname@example.org|
|808-586-6890||808-586-6899||Senator Fukunaga Carol (D)||email@example.com|
|808-586-6230||808-586-6231||Senator Ige David Y. (D)||firstname.lastname@example.org|
|808-586-8420||808-586-8426||Senator Slom Sam (R)||email@example.com|