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O.k. I know no one hardly cares about politics and legislation with all the ascension going on, but just in case, this bill needs to be stopped and affects all of us owner builders now and in the future. Its been sneaking quietly by and will most likely pass TOMORROW 2/27 [:0]
It needs as much opposition as we can provide so please get your emails going. Aloha
"Senate Bill 205, which just passed the Education and Housing Committee assesses a fine equal 40% of the value of your home if you as owner/builder decides to sell or lease your home within 2 years after closing your building permit. The only exemptions are for bankruptcy, death of spouse, divorce, foreclosure and loss of employment. The bill faces one more reading in the Committee on Commerce and Consumer Protection (CPN)."
Status of Senate Bill 205
http://www.capitol.hawaii.gov/session2009/lists/measure_indiv.aspx?billtype=SB&billnumber=205
Late Testimony submitted at EHC
http://www.capitol.hawaii.gov/session200...9_LATE.pdf
Testimony at:
http://www.capitol.hawaii.gov/session200...-04-09.pdf
The Full Senate Bill 205 text:
http://www.capitol.hawaii.gov/session200...SB205_.HTM
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There already is a law with a one year limit, so it seems they are just trying to extend the one year to two years.
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!"
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So, does an owner builder get some special treatment? if so then it only makes sense to have a penalty if you are only gaming the system.
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I do not believe that America is better than everybody else...
America "IS" everybody else.
HBAT
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I do not believe that America is better than everybody else...
America "IS" everybody else.
The Wilder Side Of Hawaii
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I am stunned! Just beginning my owner/builder project and had NO idea this was going on! How does someone keep abreast of these things without spending an inappropriate time on the Hawaii Gov. site? [V]
I called Senator Russell S. Kokubun. To express my disapproval of the bill - the person who answered did not know that "Hawaiian Paradise Park" was in the Senators district - they did recognize Keauu - I had to insist they take my name and pass on my comments - I have NO confidence this will happen. [xx(]
The representatives for Keauu (Hawaiian Paradise Park):
http://www.capitol.hawaii.gov/site1/info/vstreet/voterinformation.asp?county=H&street=ala+heiau&press1=info&zipcode=Optional+zipcode&Submit=Submit
Sent an email to Russell Kokubun.
To me - I see this as a bill sponsored by "UNIONS" for the benefit of contractors - limiting the ability of PEOPLE (owner/builder) to build an affordable home. [}
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I AM MAD AS HELL AND I'M NOT GOING TO TAKE THIS ANYMORE! [
!]
http://www.youtube.com/watch?v=QMBZDwf9dok&feature=related
"Each thing I do I rush through so I can do something else" - Cemetery Nights/Stephen Dobyns
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I think these laws are enacted in various municipalities to prevent unlicensed contractors acting as developers and spec house builders, just closing a loophole seems to me.
Some areas do not allow any owner builders, as is with electrical or plumbing in this state … I wonder how that legislation came about, protectionism or fire?
Having seen some (not all) owner builder work on house(s) I passed on - my guess would be the latter - grin
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The proposed law is of little or no effect if you are building for your own occupation..... so owner/builders who are resident will not be affected. Perhaps John Rabi knows more than I but I have never heard of this law being enforced..... just like many laws and ordinances on the books.
Assume the best and ask questions.
Punaweb moderator
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The LAW does affect how you can LEASE or SELL your property - it limits you to only THREE circumstances:
(A) The death of the owner's spouse or home co-owner;
(B) The owner becoming eligible to receive unemployment compensation; or
© The divorce of the owner;
If your spouse/partner contracts a serious illness - your SOL. Wait two years!
If your Ohana is devastated by tragedy or whatever and you need funds that only the sale or lease of your home would produce - your SOL. Wait two years!
The list is endless - one Year is almost reasonable - two Years - NOT!
The horror of having to sell your home for whatever reason is over and you can once again move forward with your life - your SOL! Wait three years!
This law like many cannot address all scenarios - BUT IMHO it is too narrow in scope and can lead to outlandish consequences as someone's life goes through upheval/change.
What do you do if your house is never "finalized" in the permitting process - your out there in LIMBO!
The argument that a law has never been enforced is only relevant UNTIL it is enforced -than someone must suffer!
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quote:
Originally posted by Rob Tucker
The proposed law is of little or no effect if you are building for your own occupation..... so owner/builders who are resident will not be affected. Perhaps John Rabi knows more than I but I have never heard of this law being enforced..... just like many laws and ordinances on the books.
Real estate companies don't even take such listings, it's against the law to even advertise such a house for sale. I know of two cases when the owner-builder had to sell before the one year was up. One was because of a medical problem and the other one because of a job transfer. We filed the necessary paperwork with the county and the special consideration was granted in both cases.
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!"
Some laws protect man, but most are just millstones around our neck.
Why is not a free man allowed to make something and sell it without penalty?
answer: Because he is not free.
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?
