Mary M Kerstulovich

Local legislation to find balance and compromise in regards to B&B's, the permitting process, the number of units allowed and the "house rules" to go along with them. In hopes to promote locally based economic development this legislation is looking currently at B&B's which is significantly different than the Transient Vacation Rental issues that Maui Co is also experiencing. B&B's have owners who live on site and officially share the residence with the guest. Looks like this may lighten up and the owners will just have to be on property. For the TVR's or "vacation rentals" owners and or managers are living off-site. The second issue is being deferred to the next Maui Co Council. So where is the current focus going:

Limits B&B's in the following areas to: Hana 48, South Maui 100, UpCountry 40, Paia-Haiku 88, West Maui 88 and Central to 36 for a total of 400.

Provisions include no more than 6 bedrooms, owner must live on property, if on Ag land owner must show a crop of $35K per year, enforce "house rules" for noise with the initial permit being valid for 3 years.

Some still have concerns for the bill...I don't blame them. Its been years since the council has had this issue on their desks and we have all been waiting way to long for compromise.

Mary on Maui

Century 21 All Islands Wailea Your Maui Wailea Realtor

www.maryonmaui.com

I am not really sure how I feel about this. For years and years Hana, Haiku, Paia and other parts of Maui Co. have been renting rooms and homes to accomodate the people in search of a true sense of the island. These homes and rooms were catering to a specific niche market. Tourists who did not want to stay in Hotels or Condos, people who perhaps had children with specail needs, people who enjoyed surfing the big waves on the North shore or windsurfing and did not want to spend time driving to these locations or just people looking for more of a budget vacation.
It seems to me in these economic times when the Hawaiian Islands are suffering with little to no money in the budget for much of anything.... that they would be looking for opportunites that helped the locals who are trying to make it here....

The current B&B issue has gone before the council....the TVR issue is going to be the next Maui Council's task at hand. The main difference between the two "types" is B&B owners are on property

PRESS RELEASE
December 10, 2008
FOR IMMEDIATE RELEASE
Appeals Court Rules in County's Favor on TVR Case

WAILUKU, Maui, Hi - On December 10, 2008, the United States Court of Appeals for the Ninth Circuit issued its decision in Maui Vacation Rental Association vs. County of Maui, ruling in the County's favor.
The Maui Vacation Rental Association sued the County and its Planning Director in September 2007, seeking an injunction that would have prevented the County from enforcing its zoning ordinances pertaining to transient vacation rentals. When the MVRA's case was dismissed by the U.S. District Court in December, 2007, the MVRA appealed.
The United States Court of Appeals for the Ninth Circuit held that the MVRA had no right to operate transient vacation rentals without the required permits while Maui County processes permit applications. The Court also ruled that the MVRA's members could not require Maui County to "indefinitely maintain" enforcement policies put in place by previous administrations. "MVRA members operating TVRs without permits were on notice that their conduct was unlawful and that Maui County retained discretionary authority to enforce the permit requirement," the Court concluded.
"I'm pleased that once again the County's policies are validated before a high court that recognizes our responsibility to enforce existing laws," said Mayor Charmaine Tavares. "My Administration has proposed several bills to update current laws, and the County Council has been working diligently to review and adopt appropriate legislation. We have maintained that the proper way to change County laws is through a public legislative process rather than by ignoring them altogether."
The MVRA was initially represented by attorney James Fosbinder. After losing at the U.S. District Court level, the MVRA replaced Fosbinder with the law firm of Damon, Key, Leong & Kupchak in Honolulu. The County was represented by Deputies Corporation Counsel Jane Lovell, Madelyn D'Enbeau, and Mimi Johnston.
# # #
******************************************

Mary on Maui

Century 21 All Islands-Wailea Your Maui Real Estate Consultant

www.maryonmaui.com