12 Replies Latest reply: Aug 10, 2019 3:28 PM by happyfeet RSS

    Hawaii County has new short term rental law! Bill 108

    jdgreggor Active Contributor

      Hawaii county has new law and regs regarding short term rentals. $500 registration fee, zoning, non-conforming use permits....

        • Re: Hawaii County has new short term rental law! Bill 108
          laurie_l Contributor

          Are you sure you have the correct bill. Are you referring to SB108? I don't think SB108 addresses vacation rentals. Perhaps I'm missing something.

            • Re: Hawaii County has new short term rental law! Bill 108
              sage Senior Contributor

              Hawaii County, i.e. the Big Island, is in the final stages of adopting regulations. To the best of my knowledge, the final reading at the County Council has yet to occur, and then the regs will go to the Mayor, but it seems to be a done deal. Other than perhaps the cost of registration (which I believe may vary depending on the zoning of the VR's location) the regs seem to strike a fair balance. All existing, legal (i.e. tax paying) VRs will be able to continue operation, but it is going to be difficult to have a new one in an area zoned residential or agriculture.

            • Re: Hawaii County has new short term rental law! Bill 108
              sage Senior Contributor

              Here is an article on the status of the proposed Hawaii County regulations:

              https://www.hawaiitribune-herald.com/2019/03/25/hawaii-news/vacation-rental-rules-updated/

              And here is a link to the Planning Department page with information and links to the draft regulations:

              http://www.hiplanningdept.com/short-term-vacation-rentals/

              Note that the final public hearing on the proposed regulations is scheduled for April 2.

              • Re: Hawaii County has new short term rental law! Bill 108
                jdgreggor Active Contributor

                Sept 28th deadline for non-conforming use applications!

                 

                Required for stvr's in agricultural areas. Successful lobbying from effort from hotels to reduce the number of available rentals by unconstitutionally regulating use of our home.

                  • Re: Hawaii County has new short term rental law! Bill 108
                    happyfeet Contributor

                    I am trying to prepare the registration submittal to comply with these Short Term Vacation Rental (STVR) requirements.

                    I have found that there are not good instructions to follow so that one can submit the registration documents that are required.

                    Furthermore, many of the requirements are Impossible. So the only possibility I see is to do my best and make a submittal and see if it gets by -- or at least, see if the county officials will actually help me to provide the documents (which are buried with-in their own record system) -- they believe they need.

                    I know I'm not alone on this - there should be quite a few fellow STVR owners and managers on this Forum who have property on the Big Island of Hawaii who are in the same boat.

                    Maybe we could share knowledge and help each-other on this Forum a little? Let's try to work together to get this thing Done!

                    Happyfeet

                      • Re: Hawaii County has new short term rental law! Bill 108
                        hawaiiparadise Contributor

                        Do you need an NCU or just registration?    I'm not too familiar with the former but might be able to help regarding the latter.   Which ones are you struggling to provide?

                        • Re: Hawaii County has new short term rental law! Bill 108
                          sage Senior Contributor

                          For anyone who has not yet found the application form and instructions, it is on the planning department's site at http://www.hiplanningdept.com/short-term-vacation-rentals/.

                          many of the requirements are Impossible

                          Can you be specific? While some of the requirements could be onerous, none look to be impossible for a VR which had been operating legally prior to April 1 unless the dwelling is more than 5 bedrooms (if that is the case, the excess bedrooms may need to be converted to other purposes -- maybe what had been an 8 bedroom house becomes one with  5 bedrooms, a library, a game room, and a media room).

                            • Re: Hawaii County has new short term rental law! Bill 108
                              happyfeet Contributor

                              Sage & hawaiiparadise

                               

                              My condo is located within Fairway Villas in Waikoloa, Big Island, Hawaii. There are 166 condos contained within 15 buildings.  Approx 90% would need to register for STVR's per Bill 108. All buildings were built between 2001 & 2003. The majority have been used as Short-Term Vacation Rentals on a continuous basis.  A NUC (Non-Conforming Use) application is not required for this area.

                               

                              Look at item 7 titled "Site Plan" on pg 4 of the Linked 17 pg. Registration Packet linked above. (Of course, that Packet lists or contains what I must submit).

                               

                              I obtained 3 different types of "site plan" documents from our HOA. There seems to be no other source for these site plans. Each highlights different features and 2 of them supply most of the data requested. The Boundaries, Dimensions and Setbacks are shown. It might not be readable or complete but maybe that isn't specifically a listed requirement. Item 7 (e), "A table (on the site plan drawing I presume) listing all structures and their square footage" is definitely not provided on any of those drawings.

                               

                              Reference item 8 titled "Floor Plan" which is required. Again our HOA provided 5 possible floor plans. Again I don't know any other source for "Floor Plans". One of them is close to being a match to my condo. The kitchen layout is slightly different but that could be overlooked easily. The main problem is that it is a mirror image of my condo. Again one could overlook that too during a review. Other owners at Fairway Villas (whose occupations are related to Real Estate) advised that I hand write several confirmations on the floor plan document - probably due to their past experiences with dealing with the Planning Department who is responsible for approving the registration submital.

                              More specifically -- The use of each room and the room "dimensions of all spaces" are required on the site plan. I suppose I could get out my tape measure and hand write those in by hand on the site plan drawing. (I have no idea if the Planning Department  would want that or accept that anyway?)

                              Those are 2 good examples. I could also complain that some of the building permits (supplied by the Count of Hawaii are not good enough quality to be readable - so I'm not sure how the planning department would handle such a submital.

                               

                              Happyfeet 

                                • Re: Hawaii County has new short term rental law! Bill 108
                                  hawaiiparadise Contributor

                                  The table you need should be in the Declaration.   Find the last amendment, print the table which should show 100% of the units.   Your AOAO community manager should have this.   I believe the Planning Department may not emphasize this for your situation (condo in a resort).

                                   

                                  Planning is definitely requiring floor plans with all rooms dimensioned.  The floor plan usually is separate from the site plan.   Hand-written dimensions and room designations have been accepted.  So, yep pain the neck but take out your tape measure and do it, even for the bathrooms.  I suspect mirror-image will be OK, suggest to note it on the drawing. 

                                   

                                  For the building permits what's important is the final inspection date.  Check the County property tax record website and find your property.  For many properties the information shown includes a list of permits and inspection dates.  Print that out if available for yours.  The building permit area is a known mess so Planning may be lenient if there have not been any "recent" permits.

                                   

                                  Last suggestion - go talk to Planning.  Take what you have with you and ask for feedback.  We found them very helpful, just don't go near their cut off time for STVR applications (listed on the Planning Dept website).   Planning also has on file a lot of information and drawings.  You may be able to purchase some of what you need (I think about $1/page) from them.

                                   

                                  Good luck.  

                                    • Re: Hawaii County has new short term rental law! Bill 108
                                      happyfeet Contributor

                                      Reply to "The table you need should be in the Declaration. Find the last amendment, print the table which should show 100% of the units. Your AOAO community manager should have this. I believe the Planning Department may not emphasize this for your situation (condo in a resort)."

                                      I think You already know that AOAO ( I don't know what AOAO stands for --) is Fairway Villas management company. (or maybe You obviously are very familiar with "Fairway Villas" or maybe work in a Real Estate field on the Big Island (just guessing). Anyway AOAO already provided us through the on-site manager at Fairway Villas with several batches of documents they believed we needed to make our submital. I an not overly impressed with what they provided so far.

                                      They provided several "Site Plans" -- We have 15 condo buildings -- One of their site plans provided only showed 14 buildings. Bldg L with 14 condos was missing. (Maybe it was added to the site plan late). They also provided 14 building site building permit SUBMITALS. Not the final - completed building permits as the STVR application requires. Notice I said 14 permits -- again one was missing - Bldg "J".  And about 4 of those permits were unreadable. I could not read what bldg they pertained to.

                                      They provided 4 floor plans (Step 8 on the submital document) when there are really about 15 or 20 different layouts used at Fairway Villas.

                                      I decided it's not worth my time to deal with them and try to convince them to provide the correct data to us all.

                                      I think it's interesting to note that the "final inspections Dates" in the 2001 - 2003 time frame often occur about 8 months after the building condos are already sold and occupied. - Is that normal in most states?

                                      I believe you are correct that talking to planning - in person should work pretty good. I could bring in all my stuff in advance and show it to them and let them review it. Except there is one catch -- I don't live there. I'm actually in my own condo now on vacation. But I didn't bring all my stuff with me.

                                      So I'm going to do what the locals suggest. I'm just going to submit "My Best Effort" and if they ask for additional information, I'll just deal with what they specifically ask for rather than try to guess what they might want or accept.

                                      I'm not used to dealing this way -- With the IRS I wouldn't dream of submitting the correct information on the wrong form because I couldn't get the correct form -- for example.

                                      Thank-you for your help and insights, BTW

                                      HappyFeet

                                    • Re: Hawaii County has new short term rental law! Bill 108
                                      sage Senior Contributor

                                      It has been my experience that the Hawaii County Planning Department employees are actually helpful and reasonable. Rely on information from them rather than other owners, even those "whose occupations are related to Real Estate."

                                       

                                      I know that there are many VR owners on the island who have become so worked up over the new requirements that they see a fairly routine administrative process as being an extreme burden. Relax, but be sure to get your questions answered promptly so you can file the application well before the deadline. And be aware that it is not unusual for initial applications for permits of any type to be amended/supplemented if the reviewing official finds them to be incomplete.

                                       

                                      As long as you make a good faith effort with your application, I think you will be fine. Keep in mind that it is not VRs such as yours that are seen as the problem requiring the new law, but rather single family dwellings in residential neighborhoods, and especially those in buildings that were constructed, or modified, without permits and inspections, and therefore might contain conditions that endanger anyone staying in them. And those who have been operating without paying the TAT on their rentals may have some serious explaining to do.