Short-Term Rentals (STR)
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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:
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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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