Bill 205 affecting owner builders needs opposition

[JWFITZ]

LOL. If you can find the contractor. . .most people are lucky if the contractor can stay out of jail or solvent long enough that he finishes the job, these days.

Looks like straight up anti-competitive legislation designed to protect pro-business interests to me.

[missydog1]

Perhaps I should have said, the official rationale behind the law. The politics and protected interests are, of course, valid points too.

We first heard about this law in 2002 when we arrived here and we thought it sucked.

From what I remember reading the building code, they make it sound like owner builders are barely tolerated and rather than having a right to build they are given an opportunity provided they are building for themselves only. I don't really agree with that.

If the work can pass the inspections and get finaled, that should suffice IMHO.

[John S. Rabi]

quote:

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Originally posted by KathyH

My understanding of the law is that a general contractor would warranty the work for that period, whereas an owner-builder doesn't warranty the work. The year (or two) allows time for problems to surface. Am I wrong about what's behind it?

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There is no mandated warranty on GC-built homes at all. Though most will give you a one year limited warranty they are not require to do so by HRS.

Aloha,
John S. Rabi, GM,ARB,BFT,CM,CBR,FHS,PB,RB
808.989.1314
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[missydog1]

Thanks John -
so what is the official rationale for the law?

[John S. Rabi]

You can't be serious! Rationale?! This is Hawaii! []

Aloha,
John S. Rabi, GM,ARB,BFT,CM,CBR,FHS,PB,RB
808.989.1314
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[lquade]

i was talking to a friend just yesterday who is caught up in this. they built several years ago and she didnt realize the home was not finaled. now she wants to sell. her realtor is the one that said there was a problem. anyway to make a long story short, she had to hire a contractor, who filled out some paperwork for the county and changed her building permit to contractor built, and now of course he wants to do all this update stuff. so she can get finaled and sell without waiting a year. she didnt fit any criteria to bypass the year wait, as just lousy neighbors moved in making her miserable, and now she is miserable dealing with the contractor...bad bad law.and now they want 2 years?? jay is correct, i cant begin to tell you the number of fly-by-night contractors that are here one day and gone tomorrow....ahhhhh hawaii you gotta just [:o)]love it or leave it[:o)]

[jdirgo]

I would oppose this law, not because of the time limit but because it unnecessarily limits the causes under which someone can be granted an exemption. For example, I know of one case where an owner-builder was being horrifically harassed and assaulted by a neighbor (and yes, there are verified police reports backed up by other neighbors). Under this law, he would be forced to live in a hostile and dangerous environment for 2 years. Under the current law, where each case is dealt with on its specific merits, he's already been told by DCCA/RICO that he is exempt. We shouldn't limit it to specific defined parameters. Believe me, DCCA and their RICO office do not take the existing owner-builder law lightly and only grant exemptions when they are truly justified.

John Rabi is right, Realtors won't list owner-builder properties if the one year limit has not elapsed, but I was involved in a case where I represented a buyer for an owner-built property. We were contacted by RICO, but were assured that we were not in any trouble but that we might be called upon to testify. They DO enforce it.

John Dirgo, R, ABR, e-PRO
Aloha Coast Realty, LLC
808-987-9243 cell
http://www.alohacoastrealty.com

[Kahunascott]

quote:

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Originally posted by lquade

i was talking to a friend just yesterday who is caught up in this. they built several years ago and she didnt realize the home was not finaled. now she wants to sell. her realtor is the one that said there was a problem. anyway to make a long story short, she had to hire a contractor, who filled out some paperwork for the county and changed her building permit to contractor built, and now of course he wants to do all this update stuff. so she can get finaled and sell without waiting a year. she didnt fit any criteria to bypass the year wait, as just lousy neighbors moved in making her miserable, and now she is miserable dealing with the contractor...bad bad law.and now they want 2 years?? jay is correct, i cant begin to tell you the number of fly-by-night contractors that are here one day and gone tomorrow....ahhhhh hawaii you gotta just [:o)]love it or leave it[:o)]

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I can’t comprehend how a homeowner doesn’t know their house hasn’t had the final inspection. [8] Try using a licensed, bonded, and insured contractor next time.
“Pay me now or pay me later”


"Many dreams come true and some have silver linings, I look for my dreams and a pocket full of gold" Led Zeppelin

[leilaniguy]

As long as the house isn't finalled though, you can transfer the permits to the buyer no problem. I did it a few years ago, sold to a punawebber.

[gtill]

Wow, Leilaniguy, thanks a lot, I might be coming into such a situation, Have passed plumbing, electric and semifinal inspections with a punchlist to go, and not a bad one. Where could I get confirmation of this transfer method.