SHORT-TERM RENTALS
"Government interference in free markets causes
unintended results and
consequences"
Amendment to
CC&RS at Kihei Shores
By a super-majority vote of more than
85%, the Condominium Owners of KIHEI
SHORES
CONDOMINIUMS amended their ASSOCIATION's
Declaration of Condominium Property
Regime
to allow short-term, transient rentals, as
evidenced by that certain "Amendment"
instrument
recorded in the Bureau of Conveyances of the State of
Hawaii on November 23, 2007
as
Document No.
2007-204181.
A
Certified Copy of this
Amendment may be found
here or by clicking on the
picture:
Click Image To
View
Amendment to
Declaration
The text of the amendment reads as follows:
Section 9(a) of the Second Restated Declaration is
hereby amended in its entirety to read as follows:
"No Apartment shall be used in connection with the carrying on of
any business, trade or profession whatsoever. However, the
Apartment may be rented for transient or hotel purposes, which are
defined as: (i) rental for any period less than thirty (30) days or
(ii) any rental in which the occupants of an Apartment are provided
customary hotel services such as room service for food and
beverages, maid service, laundry and linen or bellboy service.
The respective Apartment owners shall otherwise have the absolute
right to rent or lease such Apartments subject to all provisions of
the Act, this Declaration and the Bylaws."
PLEASE
NOTE:
The Amendment instrument is not
intended to supersede the law. There is an
outstanding question as to whether short-term/transient rentals on
apartment-zoned property is an allowable
use vis-à-vis an Opinion Memorandum issued by
the Legal Counsel of the County of Maui in July
2001.
The
Board of Directors of KIHEI SHORES ASSOCIATION
takes the position pursuant to its
Bylaws that the Association's sole role in
any Condominium Unit occupancy or use matter is strictly to
encourage (and enforce) an atmosphere that encourages and promotes
“quiet enjoyment” for the purpose of enhancing and perfecting the
value, desireability and attractiveness of the Property. Thus,
neither the Board, its Property Manager nor its Employees will
assume any role or position with respect to the manner in which an
Owner uses his or her Condominium, so long as such use does not
violate the provisions of the Declaration
and Bylaws, as may be amended from time to
time, and as such provisions may be amplified and/or
interpreted by the Association's House
Rules.
Any other questions
an Owner or prospective Owner may have, should be directed to
private legal
counsel.
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