VOLUME 9 ISSUE 2

This is the 36th issue of Sand Castles, Makai Properties’ quarterly real estate newsletter. Our goal in publishing Sand Castles is to provide an up-to-date source of real estate information for the island of Kauai.

                                                      HOTLY CONTESTED BILL BECOMES LAW

AFFECTS ALL VACATION RENTALS

After eight years of consideration, the Kauai County Council recently passed a highly controversial bill which amends the county’s ordinance regulating single-family transient vacation rentals (TVR).   The bill was drafted, “…to restore a balance between primary residences and single-family transient vacations rentals by 1) requiring registration of existing vacation rentals and setting standards for all vacation rentals, 2) explicitly prohibiting new single-family vacation rentals outside Visitor Destination Areas (VDA)(multi-family vacation rentals are already so prohibited), and 3) identifying and allowing non-conforming uses where single-family vacation rentals have been operating lawfully prior to approval of this bill”.

The authors of the bill took advantage of the opportunity to gain greater control over all vacation rentals on Kauai by requiring the registration of all transient vacation rentals. 

This includes rental homes existing within and outside the VDA, and all condominium vacation rental units.  Those within the VDA will need to go through a registration process, while those outside the VDA will require an application for a Non-conforming Use Certificate.

All existing TVRs in the VDA must apply for registration by September 3, 2008, and all others must apply for a Non-conforming Use Certificate by October 15, 2008.  The county must issue the respective certification by March 30, 2009.  Failure to comply could result in fines not less than $500, and not more than $10,000 for each offense.

Planning Department staffers state that condominium associations may register their condominium under one registration, but must submit general excise tax and transient accommodation tax licenses from each condominium unit owner who is engaged in vacation rental activity for each unit to be registered legally.  Interested condominium owners should lobby their associations to undertake the registration process.

A key requirement for registration is that the vacation rental has been operating lawfully. This includes the payment of general excise and transient accommodation taxes while the property was operating as a vacation rental prior to the enactment of this ordinance, and operation within the proper zoning.The registration/certificate is transferable upon the sale of a property, but must be renewed each year with the county.  Owners of single-family homes located outside the VDA must show proof of lawful vacation rental operation prior to March 7, 2008.  There are other numerous requirements for receiving and keeping the certificate current.

Bed and Breakfast (B&B) operations are not affected by this ordinance, as they governed by a separate permitting process.

Vacation rentals existing on land designated “Agricultural” by the State law will not be allowed unless the dwelling was built prior to June 4, 1976, or the Applicant has a special permit under the Hawaii Revised Statutes, Section 205.6 which specifically permits a vacation rental and the permit was secured prior to the enactment of this ordinance.  This stipulation is currently being challenged at the State level, but be will in force until action is taken to reverse or modify it.

After studying the issue and compiling testimony given at numerous public hearings, the County felt that there was a compelling need to regulate single-family TVR on Kauai.  They felt that those rentals were, “…occurring at a greater rate and inflicting a larger impact on the community of Kauai than was ever anticipated by the drafters of the County’s Comprehensive Zoning Ordinance,” as stated in the bill.

All forms necessary in this process are available at Real Property Assessment office in the Lihue Civic Center.  They are  also downloadable from the “What’s New” section on the home page of the county website, www.kauai.gov, or www.kauaipropertytax.com on the forms and handouts page.

A copy of the new ordinance may be obtained from the County Clerk’s office,

4396 Rice Street, Suite 206, Lihue, HI 96766, or by downloading it from

Makai Properties’ website www.makaiproperties.com/downloads.  

For more information, contact the County’s Real Property Assessment office at (808)241-6222 or the Planning Department at (808)241-6677.

For more information, contact the County’s Real Property Assessment office at (808)241-6222 or the Planning Department at (808)241-6677.

MORTGAGE RATE UPDATE

Island Home Capital’s Quoted Rates As Of This Printing:

                          Conforming    APR       Jumbo    APR

30 Year Fixed   6.125%     6.253%   6.250%   6.311%

15 Year Fixed   5.500%     5.679%   5.625%   5.724% 

3 Year ARM      4.625%     4.984%   5.625%   5.210%

5 Year ARM      5.000%     5.075%   6.250%   5.541%

                                                                                          WHAT’S SOLD

The following is a list of the west side and south side properties that have sold in the months of January, February March 2008.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 KEKAHA/WAIMEA

KEKAHA/WAIMEA
8421 Elepaio Rd         3Bd/2Ba Home  $350,000

 HANAPEPE/ELEELE

No Sales Reported In This Time Period 

  KALAHEO

4371 Puu Kulana Pl
3 Bd/2 Ba Home                 $500,000

3909 Kilohana St
            3 Bd/3 Ba Home                 $875,000

4405 Ahopueo Dr
           2 Bd/2.5 Ba Home              $660,000

Pai St
                             4.08 Acre Lot                       $247,000

4041 Pai St
                    19,662 sf Lot                       $312,500

Kaena St
                        10,230 sf Lot                       $316,000

4758 Lae Rd
                  5.40 Acre Lot                       $550,000

Kalaheo Pali Kai #48     3 Bd/2 Ba Condo                 $370,000

Kalaheo Pali Kai #57     3 Bd/2 Ba Condo                 $380,000

LAWAI / OMAO

3516 Horita Rd
               2 Bd/2 Ba Home                 $589,000

4393 Omao Rd
              3 Bd/1.5 Ba Home               $450,000

          KOLOA / POIPU

3589 Wailani Rd
            3 Bd/1 Ba Home                  $420,000

1709 Keoiloa Pl
             4 Bd/3.5 Ba Home            $1,150,000

2467 Kipuka St
              3 Bd/1.5 Ba Home               $635,000

1552 Pee Rd
                 3 Bd/2.5 Ba Home            $1,720,000

1712 Keleka Rd
            3 Bd/3.5 Ba Home             $1,300,000

5344 Puuone St
            3 Bd/3.5 Ba Home             $1,551,000

2671 Puuone St
            2 Bd/2.5 Ba Home             $1,775,000

2888 Milo Hae Loop      3 Bd/3 Ba Home               $1,710,000

5387 Milo Hae Pl
           3 Bd/3 Ba Home               $1,750,000

2859 Milo Hae Loop      3 Bd/3.5 Ba Home            $1,340,000

2737 Milo Hae Loop      3 Bd/2.5 Ba Home            $1,200,000

Kukuiula Sub Lot #10    11,540 sf Lot                        $786,050

Kukuiula Sub Lot #11    10,418 sf Lot                        $786,050

Kukuiula Sub Lot #12     9,631 sf Lot                         $786,050

Kukuiula Sub Lot #13     10,890 sf Lot                       $829,500

Kukuiula Sub Lot #14     9,979 sf Lot                         $829,500

Kukuiula Sub Lot #62     1,320 sf Lot                      $1,525,000

Kukuiula Sub Lot #74     12,427 sf Lot                    $1,330,000

Kukuiula Sub Lot #79     15,637 sf Lot                    $2,140,000

Kukuiula Sub Lot #6           36,401 sf Lot                $1,330,000

2-3990-B Kaumualii Hwy
    20.85 Acre Lot             $1,775,000

3367 Waikomo Rd
              10,053 sf Lot                  $325,000

Kuhio Shores #410              2 Bd/2Ba Condo            $850,000

Prince Kuhio #402-Frac       2 Bd/1 Ba Condo           $200,000

Kiahuna Plantation #221     2 Bd/2Ba Condo            $515,000

Kiahuna Plantation #414     1 Bd/1 Ba Condo           $280,000

Kiahuna Plantation #434     1 Bd/1 Ba Condo           $245,000

Kiahuna Plantation #442     1 Bd/1 Ba Condo           $239,500

Kiahuna Plantation #39       1 Bd/1 Ba Condo           $379,000

Kiahuna Plantation #73       1 Bd/1 Ba Condo           $675,000

Poipu Crater #13                 2 Bd/2Ba Condo            $517,000

Manualoha #I-206                2 Bd/2.5 Ba Condo     $1,025,000

Regency #323                    3 Bd/2.5 Ba Condo        $655,000

Regency #212                    2 Bd/2 Ba Condo           $950,000

THE GREENING OF THE GARDEN ISLE

An equally hot topic on Kauai, and all around the country for that matter, is that of our environment. Global warming was a scientific speculation for many baby boomers in elementary school. Specific limitations on the world fossil fuel supply seemed like nothing more than an obscure date somewhere in our future.  While the country at large is finally awakening to the absolute necessity of developing alternative and renewable energy sources, Kauai is in a prime position to become a leader in the integration of green technologies into the island way of life. Both local business and government seem to be on the same page on this issue these days and that may result in some “powerful” new ideas becoming a working reality.

Early this year, in her State of the State address, Governor Lingle pledged that by the year 2029 at least 70% of Hawaii’s energy needs will be supplied by renewable resources. Additionally, The State of Hawaii just entered into a Memorandum of Understanding with the US Department of Energy (US-DOE) for the purpose of, “The establishment of a long term partnership between the state and federal governments that will result in a fundamental and sustained transformation in the way in which renewable energy efficiency resources are planned and used in the State.” The intent of the memorandum is to provide a replicable model for achieving similar results around the world. This landmark agreement will create the legislative framework within which private enterprise will work.

Here on Kauai, local building contractors are thinking “greener” in order to meet the consumer demand for green construction technologies According to Joel Koetje of JKC, Inc., a west side building contractor, alternative energy systems are by far the most popular component in both new and retrofit home projects. This is especially true for systems designed for “net metering”, where a home producing its own energy continues to be connected to the power grid.  His feeling is that the recapture of the investment will be far quicker than originally calculated especially in the light of escalating “energy adjustments” built into the current billing structure of the Kauai Island Utility Coop .  Building contractors must acquire these new green skill sets if they wish to keep pace with consumer demands.

In 1996, Bill Cowern established Hawaiian Mahogany LLC, a renewable forestry company, and secured leases for over 3500 acres of retired cane land. The land was replanted in various hardwoods interspersed with trees that replenish the soil with a rich supply of organic nitrogen fixing compost. The intention is to provide a regular renewable source of construction grade hardwoods which will be marketed locally.

In addition to their primary product, Hawaiian Mahogany recently signed a contract with Green Energy Hawaii to provide residual biomass as a fuel byproduct for the production of alternative energy for the island. Green Energy Hawaii just received the green light from the county to build their plant just mauka of Koloa which will produce energy from biomass to feed back into the island power grid.

In terms of ethanol production, Kauai is already ahead of the learning curve. No time will be wasted researching crops as Kauai’s last remaining sugar producer, Gay and Robinson shift their focus of current sugar crops to ethanol production. According to an Associated Press report, Kauai Ethanol has plans for a $35million facility in Kaumakani on Kauai’s west side. G and R’s move toward bio fuels assures our agricultural lands will stay in agricultural use while addressing our overdependence on oil and diversifying our economy.

It only seems fitting that Kauai, one of the most beautiful and isolated places on earth, will someday serve the rest of the world as an example of how to live a bit more gently on this planet.

We hope you have enjoyed this issue of Makai Properties, Sandcastles. You will find this and more on line at www.makaiproperties.com.

A Hui Ho!

VOLUME 9 ISSUE 2

6/27/2008 2:51:16 PM
6/27/2008 2:48:40 PM
1/21/2008 4:36:13 PM
10/10/2007 2:48:37 PM
5/1/2007 2:23:21 PM
11/2/2006 11:57:01 AM
9/7/2006 6:47:11 PM
7/1/2006 2:04:50 PM

 
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