MauiLifeStyleBlog

Why don't we have curbside recycling programs on Maui yet?

4.6 lbs of waste per person per day is way too much!!!

Recycling codes: What they mean?

By Michelle D. Alderson

According to the Environmental Protection Agency (EPA) (http://www.epa.gov), in 2006, the U.S. produced more than 251 million tons of garbage -- approximately 4.6 pounds of waste per person per day. Of that, recycling diverted 82 million tons of material away from disposal. In short, Americans are putting plastics into their recycling bins.

Many of us recycle without knowing if something is actually recyclable. Have you ever wondered what those numbers mean on plastic bottles? Below we explain what the seven different codes found on plastics mean and what they are recycled into. Check to see which plastics are accepted in your city; every city has different curbside recycling programs.

1. Polyethylene Terephtalate (PET, PETE): PET is a clear plastic found in soft drinks, water, juice, sports drinks, and condiments bottles; food jars for such products as peanut butter and jelly; and in frozen food packaging.

PET is recycled into fiber for carpets, clothing, and tote bags. It can also be re-used for food and beverage bottles. PET is the most common-used plastic due to its inexpensive and easy-to-recycle features, and is widely accepted by most curbside recycling programs.

2. High Density Polyethylene (HDPE): HDPE is resistant to most solvents and is used for food products with a shorter shelf life such as bottled milk. Because it's more chemical-resistant than PET, it's also used for household cleaners including laundry detergent, shampoo, and plastic grocery bags.

HDPE is recycled into bottling for non-food items, such as motor oil and antifreeze, plastic lumber, flowerpots, and recycling bins. It's accepted by most curbside recycling programs.

3. Polyvinyl Chloride (PVC, Vinyl): You won't find this recycling symbol on household items. PVC is chemical-resistant so it's used to make packaging products, shrink-wrap, window frames, fencing, and decking. PVC is recycled into pipes, fencing, decking, floor tiles, traffic cones, garden hoses, and packaging products. It's not commonly accepted by curbside recycling programs.

4. Low Density Polyethylene (LDPE): A tougher and more flexible plastic, LDPE is used for dry cleaning bags, newspapers, breads, frozen food, shrink-wrap, container lids for hot and cold beverages, and toys. It's most common use is for plastic shopping bags.

LDPE is recycled into envelopes, garbage can liners, trashcans, paneling, and floor tile. LPDE is not commonly accepted by curbside recycling programs, but plastic bags are now readily accepted at supermarkets.

5. Polypropylene (PP): PP is also strong and chemical-resistant, which is good for hot-fill liquids. It's used for takeout food, yogurts, margarine, and bottle caps.

PP is recycled into automobile parts, such as turn signal lights; brooms; bicycle racks; and trays. Some recycling curbside recycling programs accept PP.

6. Polystyrene (PS): PS is more versatile than the other plastics and is used in many food items such as cutlery, plates, cups, and containers. It's also used for those pesky packing peanuts, as well as foam packaging for electronics and furniture.

PS is recycled into mouldings, thermometers, and license plate frames. Some recycling curbside recycling programs accept PS.

7. Other: An item with this marking means that it is made with a different resin other than the six listed above. These items can include oven-baking bags, some juice and ketchup bottles, and packaging materials. It's recycled into bottles and plastic lumber and is not commonly accepted by curbside recycling programs.

For more info: http://www.americanchemistrycouncil.com

From the Maui News.

Crushers have been silenced, but hundreds of tons leave island By EDWIN TANJI, City Editor

More than 1,000 tons of redeemable glass and similar kinds of bottles have been shipped out of Maui to be remanufactured since the state imposed a new standard for handling bottles in the HI-5 redemption program.

Roger Yamagata with Maui Disposal said the company ships out between 20 and 30 containers a month, while Tom Reed of Aloha Glass Recycling said his company shipped out 20 containers over five weeks. Each container is loaded with 20 to 22 tons of glass.

Both are still handling glass beverage containers, paying consumers the 5-cent redemption value for each container. In turn, the state is paying the businesses 4 cents for each glass container shipped to a Mainland processor. It's meant an increase in effort for handling glass, Yamagata said.

Like Aloha Glass, Maui Disposal had begun crushing glass for reuse on the island, he said. But the crusher has been shut down while the company focuses on preparing glass containers for shipping to Mainland companies that remanufacture the glass.

Maui Disposal handles the glass recycling bins at county drop-box centers but now needs to remove some of the glasslike products that are mixed in with the bottles.

"When it's shipped to the Mainland, it's reused instead of recycled. What we have to be careful of is the removal of ceramic plates and window glass. That is a different kind of material and it can't be remanufactured in the same way," he said.

As it is, he said, Maui Disposal has to "ground sort" the glass products to remove contaminants. The work was described as hazardous, with crews having to pick out glass products by hand from a mass of intact and broken bottles.

Yamagata said the market for crushed glass in Hawaii is difficult to access. State law requires road-paving companies to accept crushed glass as an alternative to gravel, when the material is available. But Yamagata said there were strict standards that the glass supplier had to follow.

"The process to get to the end user is difficult and the timing of it becomes a problem. And when the Department of Health increased the handling fee to ship the glass off island, we found it more economically feasible to ship it," he said.

At Aloha Glass, the Health Department decision to encourage redemption handlers to ship out the bottles led the company to shut down its crusher and take only container glass. The Health Department decision reduced the handling fee to 2 cents if the bottles remained on Maui as crushed glass.

"The window glass and dishes we used to take was such a small part of what we handled and the foundry operation that takes the glass bottles can't use the other material," Reed said.

Aloha Glass is handling redeemable beverage containers by the ton and will accept wine bottles, pickle jars, jelly jars and other kinds of glass food containers that can be remanufactured into other glass products. "But no window glass and no broken dishes," Reed said.

While contractors can still dump broken windows at a contractors landfill, the other materials are going into the county landfill. While Reed said it represented only a small part of the materials Aloha Glass previously was turning into crushed glass, it can be a significant amount of waste materials.

"When we were taking glass from the cruise ships, it seemed like a couple of tons of broken dishes were unloaded every time they came into Kahului," he said. Both Reed and Yamagata said they are not able to sort the glass containers by color, which can help to increase the resale value for remanufacturing.

According to www.recycle.net, the average price for clear glass is $24 a ton for a truckload, while mixed glass is $4.50. Yamagata said his company has limited space to handle the materials. On the Mainland, companies are using optical scanners to separate glass materials, but the cost of hundreds of thousands of dollars is so high "there's not enough glass on Maui to justify that kind of technology."

Maui Disposal, Aloha Glass and Reynolds Recycling are the primary operators handling beverage containers from a dozen redemption centers on Maui. Several independent businesses - Aloha Shell in Kahului, Hasegawa General Store in Hana, Zitro Recycling in Kihei and Lahaina International Market - also are redeeming containers. Information on the HI-5 program and redemption centers can be found online at hi5deposit.com.

The Maui News November 12, 2008  

Study: Maui's emissions top rate of growth 'Global Warming Solutions Act' will require reductions to 1990 levels HONOLULU -

A 2007 state law requiring limits on businesses, systems and devices that produce greenhouse gases may have its heaviest impact on the Maui, which is estimated to have the largest increase in production of greenhouse gases since 1990.

The law, Hawaii Revised Statutes 342B or Act 234, will allow the state health director to impose fees on emitters of greenhouse gases, with a goal of getting emissions in the state down to 1990 levels by 2020. As a first step, the Department of Business, Economic Development & Tourism must determine what the levels of greenhouse gases are now and what they were in 1990.  The inventory of the gases is referred to as GHG for greenhouses gases, but primarily carbon dioxide.

Maui is likely to be the most affected island because preliminary figures show an 81 percent increase in GHG emissions took place on the Valley Isle, well ahead of the other Neighbor Islands. GHG are measured in the equivalent in carbon dioxide. DBEDT calculates that total emissions rose only slightly from 1990 to 2007 - from 19.77 million metric tons of carbon dioxide or equivalent gases to 20.40 mmt. Oahu output dropped from 18.12 million metric tons in 1990 to 16.39 mmt in 2007. The Neighbor Islands all rose, and Maui County surpassed the more populous Big Island. The estimates of the changes from 1990 to 2007 are Hawaii County, from 2.02 mmt to 2.78 mmt; Maui County from 1.60 mmt to 2.88 mmt (Maui island from 1.45 mmt to 2.63 mmt); and Kauai 0.69 mmt to 1.10 mmt.

Not surprisingly, the largest source of GHG is transportation, although emissions levels are down from 12.53 mmt in 1990 to 11.5 mmt in 2007. Emissions from electric power generation are up, from 6.89 mmt in 1990 to 7.36 mmt in 2007, according to the draft report. Maui island's growth in emissions were from energy uses, including transportation and electric power, from 1.22 mmt in 1990 to 2.3 mmt in 2007; from waste handling, including landfills and wastewater treatment, from 0.05 mmt to 0.13 mmt; and form industrial processing, from 0.01 mmt to 0.07 mmt.

At Thursday's hearing at the Capitol, there will be presentations on the law's provisions for monitoring, a permitting system and penalties to be imposed on producers of GHG, including autos. Act 234 establishes a GHG emissions reductions task force that will propose regulations for "the maximum practically and technically feasible and cost-effective reductions." The law specifies that "cost-effective" means least cost per unit of gas eliminated, not other costs. The task force will have 10 members, only four of whom will be from "affected business sectors," which are electric utilities, refineries, ground transportation and maritime business. The regulatory plan must be submitted by Dec. 31, 2009. These will include "all verifiable and enforceable voluntary actions" and "market-based compliance mechanisms," with mandatory emissions reporting.

Although the statute does not use the words "cap-and-trade," that is what it means. Sources that want to emit gases would have to compete with each other to buy rights. The law also calls for a "schedule of fees to be paid by the sources," apparently a penalty for excessive emissions that will go into a Clean Air Special Fund. The proposals are to be debated in the 2010 Legislature and by the end of 2011 the health director will adopt rules to implement the law. Mandatory reporting is to begin in 2012. The Legislature appropriated $1 million for administering the act in the current and next fiscal years. For information on the program, including a copy of the draft report, go to hawaii.gov/dbedt/info/energy/greenhouse/.

If your property is listed in Hawaii, please read and BEWARE that there are some websites out there by illegitimate entities that propose to help you

NARRATIVE SUMMARY

AND

FREQUENTLY ASKED QUESTIONS

REGARDING

ACT 137 – MORTGAGE RESCUE FRAUD PREVENTION ACT

[Wayne M. Pitluck, General Counsel]

9/16/08

Printable Version (PDF)

INTRODUCTION

Act 137, the Mortgage Rescue Fraud Prevention Act (“the Act”), was passed by the legislature this past session, and signed into law by the Governor on June 3, 2008.  The purpose of the Act was “to protect Hawaii consumers from persons who prey on homeowners who face property foreclosures, liens, or encumbrances.”

The Act seeks to fulfill its purpose by:   (1) establishing definitions for a new and special kind of residential real estate transaction to be called a “Distressed Property Conveyance”, and (2) establishing notice and disclosure obligations and other restrictions on all such transactions.  Although the purpose of the Act was clearly to address scams and fraudulent schemes by persons with a criminal intent, the broad language of the Act cuts across a large number of legitimate transactions in the current market.

For that reason, it is essential that every real estate licensee familiarize himself or herself with the Act, and that every Brokerage Firm develop a clear policy for dealing with the Act, and provide education for their associates.  HAR is providing this narrative summary and list of FAQs to assist in that regard.  However, every Brokerage Firm is strongly advised to seek Hawaii legal counsel to advise how best to reduce the risk of violation of the Act.

[IMPORTANT NOTE:  This Narrative Summary and Frequently Asked Questions replaces any and all information related to Act 137 previously published on this web site, with the exception of the newly published Distressed Property addenda and the introductory notice published with such forms.  All such previously published information should be disregarded.  Similarly, any publications of NAR or any other mainland resource dealing with either short sales or distressed property transactions should not be used without consulting with Hawaii legal counsel, due to the fact that such publications may not be in compliance with Act 137.]

THE ACT

The New Defined Terms

The Act defines new and important terms, without knowledge of which, one cannot hope to interpret the Act:

The term “Distressed Property” is defined as any residential real property that:

1. Is in foreclosure or at risk of foreclosure because payment of any loan that is secured by the residential real property is more than sixty days delinquent;
2. Had a lien or encumbrance charged against it because of nonpayment of any taxes, lease assessments, association fees, or maintenance fees;
3. Is at risk of having a lien or encumbrance charged against it because the payment of any taxes, lease assessments, association fees, or maintenance fees are more than ninety days delinquent;
4. Secures a loan for which a notice of default has been given; or
5. Secures a loan that has been accelerated.

The term “Distressed Property Consultant” is defined as any person who performs or makes any solicitation, representation, or offer to perform any of the following relating to a Distressed Property:

1. Stop or postpone the foreclosure sale or loss of any Distressed Property due to the nonpayment of any loan that is secured by the Distressed Property;
2. Stop or postpone the charging of any lien or encumbrance against any Distressed Property or eliminate any lien or encumbrance charged against any Distressed Property for the nonpayment of any taxes, lease assessments, association fees, or maintenance fees;
3. Obtain any forbearance from any beneficiary or mortgagee, or relief with respect to a tax sale of the Distressed Property;
4. Assist the owner to exercise any cure of default arising under Hawaii law;
5. Obtain any extension of the period within which the owner may reinstate the owner's rights with respect to the Distressed Property;
6. Obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a mortgage on a Distressed Property or contained in the mortgage;
7. Assist the owner in foreclosure, loan default, or post-tax sale redemption period to obtain a loan or advance of funds;
8. Avoid or ameliorate the impairment of the owner's credit resulting from the recording or filing of a notice of default or the conduct of a foreclosure sale or tax sale; or
9. Save the owner's residence from foreclosure or loss of home due to nonpayment of taxes.

The term “Distressed Property Consultant Contract” is defined as any agreement or obligation between an owner or agent of an owner of a Distressed Property and a Distressed Property Consultant.

The term “Distressed Property Conveyance” is defined as the transfer of any interest in a Distressed Property effected directly or indirectly by or through a Distressed Property Consultant.

The term “Distressed Property Conveyance Contract” is defined as any agreement or obligation affecting a Distressed Property Conveyance.

The term “Distressed Property Purchaser” is defined as any person who acquires any interest in a Distressed Property directly or indirectly through a Distressed Property Conveyance Contract.

What The Act Does

Although it is always a risk to try to summarize a statute as comprehensive and complex as this, it is safe to say that the major focus of the Act is to protect owners of Distressed Property.  In very general terms, the Act does this by requiring the following:

1. Whenever a residential real estate transaction involves a Distressed Property, as defined by the Act, any person providing any of the services described with respect to assisting the owner with any foreclosure, liens or encumbrances on the property will be considered to be a Distressed Property Consultant.  A Distressed Property Consultant cannot provide such services without entering into a separate Distressed Property Consultant Contract with the seller, the specific terms and conditions of which are set forth in the Act.  Thus, it is no longer possible for a real estate licensee (or anyone else, for that matter, unless they are specifically exempted from the Act) to assist or even coach an owner of Distressed Property with regard to lien holders, without entering into a Distressed Property Consultant Contract, which specifically defines notices that must be given, obligations and restrictions placed upon services to be rendered, and a limitation on the charges that can be made for such services.
2. Whenever a residential real estate transaction involves a Distressed Property and services provided by a Distressed Property Consultant, the transaction can only be completed using a Distressed Property Conveyance Contract, the specific terms and conditions of which are set forth in the Act.  Such specific terms and conditions include, among other things, requirements of notice, disclosures, limitations on services, and rights of cancellation.  Thus, whenever there is a Distressed Property Conveyance, any Purchase Contract then existing must be amended or replaced with a Distressed Property Conveyance Contract, or the transaction is null and void.
3. None of the provisions of the Act may be waived by the property owner.
4. Any person violating the Act shall be deemed to have engaged in an unfair or deceptive act or practice within the meaning of Section 480-2, Hawaii Revised Statutes, thereby subjecting the person to government prosecution and private civil actions for treble damages and attorneys' fees.

Frequently Asked Questions (FAQs)

1. How does the Act affect a real estate licensee?  A real estate licensee becomes affected by the Act if, at any time during the course of engaging in the marketing for, solicitation of, or the providing of services for, a residential real estate transaction, the property becomes a Distressed Property under the Act.  If that occurs, the licensee cannot perform any services related to dealing with, or coaching the owner to deal with, lien holders without entering into, and abiding by, a Distressed Property Consultant Contract.  In addition, if there is both a Distressed Property and services provided by a Distressed Property Consultant, there cannot be a conveyance of the property without a Distressed Property Conveyance Contract, the terms and conditions of which are specified by the Act.
2. How does a Brokerage Firm protect itself from inadvertently violating the Act?  You should consult with legal counsel and develop a policy to deal with this issue.  Any such policy should include (1) requiring the owner client to notify the Brokerage Firm immediately if their property becomes a Distressed Property under the Act; and (2) a determination of whether licensees associated with the Brokerage Firm are permitted to perform services of a Distressed Property Consultant.  Should the Brokerage Firm's policy not allow performance of such services, addenda to the Exclusive Right-To-Sell Listing Agreement and the Purchase Contract should be used to establish an agreement with the property owner recognizing that such services will not be provided.  [NOTE:  HAR has developed, and just published, Standard Form addenda for this purpose.]  Should the Brokerage Firm consider adopting a policy to allow such services to be performed by their associated licensees, the Brokerage Firm is strongly advised to consider all legal implications of such a policy, and only put  the policy in place with the advice of Hawaii legal counsel.  Adoption of such a policy will necessitate the development by the Brokerage Firm of a Distressed Property Consultant Contract, a Distressed Property Conveyance Contract, and policies and other forms connected therewith.
3. Does every residential sale transaction involving a Distressed Property require a Distressed Property Conveyance Contract?  According to the language of the Act, a Distressed Property Conveyance requiring a Distressed Property Conveyance Contract only exists where there is a Distressed Property and someone (the real estate licensee or anyone else) is providing the services of a Distressed Property Consultant.  Thus, if there is a Distressed Property, but no Distressed Property Consultant, there is no need for a Distressed Property Conveyance Contract.
4. Should a Brokerage Firm put a Distressed Property Addendum on every Exclusive Right-To Sell Listing Agreement?  That is a matter for determination by the Brokerage Firm.  Such a policy might be governed, in part, by a determination that a property being listed with no liens or encumbrances or only small liens or encumbrances may not be subject to becoming a Distressed Property.  However, the Brokerage Firm should be aware that a Distressed Property can be created if the Property is at risk of having a lien or encumbrance charged against it because the payment of any taxes, lease assessments, association fees, or maintenance fees are more than 90 days delinquent, even if such charges are in dispute.
5. Are all short sale transactions subject to the Act?  No.  The Act only covers those short sale transactions which involve a property which falls within the definition of a Distressed Property under the Act.
6. Are there any services that a Brokerage Firm can perform to help a seller of a Distressed Property with his or her lien holders?  Any services of any kind which would involve communication with the lien holder can arguably fall within the Act.  In addition, the language of the Act is so broad as to prevent any advice or “coaching” for a seller of a Distressed Property who wants to personally deal with the lien holder.

link to the FULL Act 137 

http://www.hawaiirealtors.com/download/GM779.pdf

By HARRY EAGAR, Staff Writer, Maui News      POSTED: October 10, 2008

WAILUKU - It might be hard to persuade anyone that there is a national housing meltdown when the Multiple Listing Service offers deals on Maui like this:

"Two bedroom, 1 bath older home on a small lot that is zoned industrial - access to property is by footpath only. Being sold as-is - fixer upper. $200,000."

The aggregate statistics for the third-quarter of 2008 released by the Realtors Association of Maui on Thursday also do not portray a cratering housing market.

True, the number of transactions for the first nine months of the year is down by about one quarter, but prices received for houses and condominiums that do sell are holding up.

For single-family houses, the median price this year is $594,500. That is down $44,000 from last year, but is only a 7 percent decline, compared to hard-hit areas of the Mainland where prices are down 15 percent, 20 percent and in some neighborhoods much more.

Average prices for single-family properties are down by the same percentage, but since Maui's average was so high last year, $945,000, the fall as measured in dollars is $70,000, down to $876,615.

Condos averaged $783,000 last year and are up 21 percent to $947,000 this year, but thousands of Maui condos are not in the million-dollar class.

The biggest concentration of middle-class condos is in Kihei, where the average is up 9 percent this year to $493,000.

The median for condo units, the point where half sold for more, half for less, is up 7 percent, to $570,000 countywide, although only 5 percent to $415,000 in Kihei.

The most expensive condos are in Wailea-Makena, averaging $2,184,013 this year, which is up an impressive 37 percent, but that may reflect the late recording of sales contracts that were inked for new construction years ago.

Still, there is little sign that the South Maui luxury condo market is swooning. The number closing this year is 160, only 16 fewer than in the first three quarters of 2007.

As a resort, Wailea is an outlier, commanding room rates almost a third higher than any other luxury resort in the state. It may be an outlier in luxury condominiums as well.

The average condo sales price in Kaanapali this year is off 18 percent to $1,164,364, and the average in Kapalua is down 30 percent to $1,070,794.

In Kaanapali, the number of closings has fallen from 45 to 33, and at Kapalua from 27 to 17.

Lanai is also a market unto itself, where there were only two transactions, but for nearly $2 million on average.

Although prices received are waffling around what sellers received last year (which was down from 2006), the smaller number of transactions means the aggregate value of the turnovers is well down.

The total of condo transactions this year (672 closings compared with 916 at this point last year) is down by $80 million to $637 million.

The number of single-family closings is down from 893 a year ago to 706, and the aggregate transactions are off $226 million to $619 million.

Notice that the number of single-family closings topped the number of condo closings. That is a dramatic change from any year before 2006 when the number of condo sales was often nearly double the number of single-family sales.

The number of days on market is also down sharply from last year. In 2007, it ranged between 74 and 131 for single-family and between 73 and 115 days for condos.

This year, the wait has been between 57 and 95 days for house sellers, 48 and 95 days for condo sellers.

Terry Tolman, the Chief Staff Executive of the Maui Board of Realtors’ association said that the drop in days on market shows that "properties priced right will sell in a reasonable time frame."

He also noted that the number of active listings "has grown considerably in the last 12 months," though the rise has leveled off recently.

Active condo listings this month are up to 1,600, compared with 1,283 in October 2007. Active single-family listings are 1,114, up from 1,016 a year before.

Tolman said median prices in September were down across the board, which might be because buyers are now not able to qualify for as much or because sellers are willing to accept lower offers.

VACATION RENTAL LEGISLATION UPDATE
September 8, 2008
BACKGROUND: This paragraph is for those who have not been following this topic.  Maui County has been wrestling with how to regulate vacation rentals in single family dwellings for about 20 years now. Legislation allowing Bed & Breakfasts was passed but the permit is so difficult to get that there are only about 20 permitted properties in the County now, out of a potential field of about 1,000. During the administration of Mayor Arakawa (2003-06), the answer was a somewhat lassez faire approach: if they did not make trouble, the county left them alone, permitted or not. Maybe as many as 1,000 vacation rentals operated under that scheme. Mayor Tavares took the opposite approach, noting that the County Code did not permit most vacation rentals, and in July
2007 started a somewhat aggressive enforcement action against them. Since then a number of Maui organizations (Maui Vacation Rental Association, Maui Chamber of Commerce, and the REALTORS® Association of Maui) have been working to correct the County Code so these small businesses can be permitted. Since the enforcement
started, a number of families have lost their homes or were forced to sell, small businesses in the more remote areas of Maui report losing 25 percent of their business; and hundreds of visitors who used these accommodations wrote the County Council Members to say if the ban stays in effect, then they will stop coming to Maui County.
Luckily some of the Council Members, and in particular Planning Committee Chair Gladys Baisa, took the time to read these communications and took their message to heart. Since then the Council’s Planning Committee has been trying to forge new legislation that would permit vacation rentals in Maui County.
 
CURRENT SITUATION: In late 2007 the Tavares Administration proposed legislation that would have essentially shut down 90 percent of the vacation rentals in the County.
The county’s Lanai, Molokai, and Maui Planning Commissions and the Hana Advisory Committee reviewed the proposal and made changes that reflected those communities.
The outer districts generally want some vacation rentals but also want to have a say in creating unique legislation for their communities and which ones ultimately get permitted. The Maui Planning Commission was inundated with testimony for fair and balanced legislation, and as a result, their proposed amendments started opening up the scope of who is permitted again. Since March, the Council’s Planning Committee
has been wrestling with the topic. The proposal before them only deals with Bed & Breakfast properties, defined as a property where the actual owner lives. 
 
The proposal would improve the situation by allowing most vacation rentals in residential or rural zoned neighborhoods to be permitted administratively in a much quicker system.
Compared to the existing B&B ordinance, the proposal only requires the owner to live on the property – not in the same dwelling with the guests. It also would allow the rental of ohana cottages and would allow B&Bs in the rural district (like Maui Meadows). The committee initially voted against allowing a more expedited process for B&Bs to be permitted in the agricultural districts. (The current process is so complicated and
politically difficult that it took about six years for the last one to be approved, while another 50 plus applicants wait in the wings.) 
Maui Vacation Rental Association
members invited Council Members out to their properties and showed them that vacation rentals on ag-zoned properties are not only compatible with the farm activity but are, in fact, probably one of the best uses of their properties. Recently the Planning Committee reversed itself and voted to allow B&Bs in the ag zone, with some severe
conditions. For instance, that same property must produce $2,500 worth of farm income annually to qualify for a permit and must seek approval from the Planning Commission.
The committee continues to slog through other components of the proposed ordinance, such as how to tax them.
 
POLITICAL BACKGROUND: The chief advocate for vacation rentals on the County Council has been Gladys Baisa. As the Planning Committee Chair she is in the right spot to make something happen and has made it her top priority. Backing Baisa up at this junction have been Council Members Mike Molina and Bill Medeiros. Opposing the efforts for progress on this topic in the Committee have been Council Chair Riki
Hokama and Council Member Jo Anne Johnson. At the last meeting, it seemed clear that the three to two voting pattern will hold up. With three votes needed to pass the measure out of committee, there now appears to be a good chance that will happen.
The measure must then be passed by the nine-member Council in two separate readings. In addition to Baisa, Molina, and Medeiros, the measure is likely to be supported by Council Members Mike Victorino, Joe Pontanilla and Michelle Anderson.  Anderson may require additional amendments but she appears to be generally supportive. Molokai Council Member Danny Mateo is likely to oppose it. Five votes are needed for passage and we are currently counting a potential six.
It looks like a bill will be passed. The problem is what bill. The Council has exhibited a tendency to make the measure more restrictive as a way to reduce any potential problems. But the more restrictive they make it, the fewer properties will qualify under it and if we are not diligent we could end up where we are now, with an ordinance under which very few property owners could or would want to qualify.
Offered by Dave DeLeon, Government Affairs Director, REALTORS® Association of Maui. gad@ramaui.com 808-243-8585

The Mortgage Rescue Fraud Prevention Act ("MRFPA"), or Act 137, is a new law that went into effect on June 3, 2008. The stated purpose of the bill is to protect Hawai'i consumers from "persons who prey on homeowners who face property foreclosures, liens, or encumbrances."

The provisions of Act 137 may apply to REALTORS® if they deal with a residential property that is distressed and fall under the definition of a "distressed property consultant."

Learn the characteristics that make a property distressed and a person a "distressed property consultant."

Mortgage Rescue Fraud Prevention Act (MRFPA) What is MRFPA? The Mortgage Rescue Fraud Prevention Act (“MRFPA”) was passed by the Hawai‘i State Legislature as Act 137 during the 2008 legislative session, and became effective on June 3, 2008. The Act’s intent is to protect homeowners who are in financial difficulty from unscrupulous persons who essentially “steal their equity” under the guise of rescuing them from foreclosure. When is a REALTOR® affected by the MRFPA? A REALTOR® is affected and must follow MRFPA’s various disclosures and other requirements when dealing with a residential property that is distressed and when the REALTOR®’s activities cause him or her to be designated as a distressed property consultant. When is a Property considered to be distressed? A residential property is distressed if the property: 1. Is in foreclosure or at risk of foreclosure because payment of any loan that is secured by the residential real property is more than sixty days delinquent; 2. Had a lien or encumbrance charged against it because of nonpayment of any taxes, lease assessments, association fees, or maintenance fees; 3. Is at risk of having a lien or encumbrance charged against it because the payments of any taxes, lease assessments, association fees, or maintenance fees are more than ninety days delinquent; 4. Secures a loan for which a notice of default has been given; or 5. Secures a loan that has been accelerated. Can a REALTOR® be a “Distressed Property Consultant” (“DPC”)? Any one of nine acts set out in the MRFPA can make a REALTOR® a DPC. However, if the REALTOR® does not provide any of these nine services, the REALTOR® does not become a DPC. Those nine services are: 1. Stop or postpone the foreclosure sale or loss of any distressed property due to the nonpayment of any loan that is secured by the distressed property; 2. Stop or postpone the charging of any lien or encumbrance against any distressed property or eliminate any lien or encumbrance charged against any distressed property for the nonpayment of any taxes, lease assessments, association fees, or maintenance fees; 3. Obtain any forbearance from any beneficiary or mortgagee, or relief with respect to a tax sale of the property; 4. Assist the owner to exercise any cure of default arising under Hawai‘i law; 5. Obtain any extension of the period within which the owner may reinstate the owner's rights with respect to the property;

6. Obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a mortgage on a distressed property or contained in the mortgage; 7. Assist the owner in foreclosure, loan default, or post-tax sale redemption period to obtain a loan or advance of funds; 8. Avoid or ameliorate the impairment of the owner's credit resulting from the recording or filing of a notice of default or the conduct of a foreclosure sale or tax sale; or 9. Save the owner's residence from foreclosure or loss of home due to nonpayment of taxes. What if my transaction is subject to the MRFPA? It is advisable for REALTORS® to avoid transactions that make them subject to this law as the requirements of the law are very extensive and complex. You should read the Act carefully if you believe a transaction you are working on is subject to it. What can I do to protect myself from unknowingly becoming a DPC? When representing residential property sellers, REALTORS® should make appropriate inquiries regarding the underlying financial history of the property in order to determine whether the property may fall within the definition of a distressed property. In addition, because it is conceivable that a property could become distressed after a REALTOR® becomes engaged to represent a property owner, a REALTOR® may choose to obtain a signed declaration requiring the property owner to disclose and/or immediately notify the REALTOR® if the property owner meets any of the distressed property criteria noted above. If a REALTOR® sells a distressed property, what is the commission? The Act sets a limit on the fees that can be charged by a DPC. However, as to the actual sale, which is different from the “rescue” services, we believe your standard commission applies. Does a short sale transaction invoke the MRFPA? While a short sale transaction may invoke the MRFPA, it does not do so automatically simply by virtue of it being a short sale transaction. Rather, a short sale transaction should be carefully reviewed to see whether the transaction falls within the definition of a distressed property or the REALTOR® becomes a distressed property consultant. © Copyright 2008 Hawai‘i Association of REALTORS®

How does is work???

First-Time Homebuyer Tax Credit Apr 08 - Jul 1 09.pdf 

Servings 10

Ribs:

9 – 12 lbs pork ribs or country-style ribs

2 pieces of sliced fresh ginger root

Water

Marinade:

1 cup sugar or honey (or less as ketchup is already sweet!

1 cup ketchup

¾ cup oyster sauce

1 ts minced ginger

2 ts chopped garlic

¾ ts Chinese five spice

1 cup Soy sauce – preferably unsalted!

2 cans (12 oz size) frozen guava nectar concentrate.

Prep:

Place ribs & sliced ginger in large pot and cover with water.

Bring to boil and cook for about 30 minutes or until pork is fork tender

Drain water.

While ribs are still warm, combine marinade ingredients in a recipient large

enough to contain ribs & marinade. Cover and marinate ribs overnight in refrigerator.

Grill over hot charcoal or broil in oven, basting meat repeatedly with the marinade.

Enjoy!

source: Maui Electric Company 1-808-871-9777

In Maui County, 14.5% of the electricity generated in 2007 came from renewable biomass, wind, hydro and biofuel sources of energy.

Due to Hawaii's need for oil for ground, sea & air transportation, our State has traditionally been an oil-based company.  Oil for electricity is refined from the same barrel imported for transportation use.  It is a system that made more sense when the cost of oil was relatively low.  We now need to change Hawaii's dependence on imported oil by increasing energy efficiency & conservation and using more renewable energy sources to increase Hawaii's energy security and address concerns about global warming.

The use of renewable energy on Maui is progressing.  Completed in 2006, the Kaheawa Wind Power Wind Farm provided a full year of electricity to the grid during 2007.  It is capable of producing up to 30 megawatts (MW) of power.

Looking forward, more wind projects have been proposed.  Oceanlinx Ltd. plans to install a 2.7 MW wave-to-energy demonstration project off the North coast of Maui in 2010.

And, the planned BlueEarth Biofuels plant will refine biodiesel for use at the electric Maalaea Power Plant.  It is expected to be completed in 2011.

Maui Electric Cy.	%*
Oil	83.7
Coal	1.8
Biofuel	0.1
Biomass	4.4
Hydro	0.7
Wind	9.3
Total	100

*percentage of fuels used to produce electricity based on the amount of elect5ricity generated by MECO and the amound purchased from independent power producers in 2007.

That's an excellent beginning! 

Hawaii

Empowered by a strong high-end market and few foreclosures, the Hawaii real estate market has not caught the national real estate recession. While Hawaiians see daily news reports of falling home prices on the mainland, they have defied gravity.

Home and condo sales have slowed slightly in Hawaii, but not enough to have a major effect on its markets. Housing Predictor forecasts that Hawaii will stay clear of a housing recession in 2008 and just may miss a down turn in its markets all together, at least for now.

The draw of the Island’s sunshine has propelled Hawaii luxury real estate sales ahead of 2006. Global interest has increased in Hawaii, despite few Japanese investors in the marketplace. However, that may change soon as Japan’s investment trust laws change in 2008 to provide new investment incentives for Japanese investors.

The regulatory changes of the J-REIT (Japanese real estate investment trust) will allow capital to purchase property in Hawaii and could provide a huge infusion of Japanese money into Hawaii, which has long been a major investment area for the Japanese.

International and U.S. east coast real estate buyers have compensated for the drop off in demand from the rest of the nation. In Honolulu the median prices are staying at about where they were a year ago, which represents Hawaii as the only state in the country to have a stable housing market.

The inventory of homes has also declined instead of increased in Hawaii, which is unparalleled else where in the nation.

Building is still abundant in Honolulu. As the nation’s second largest vacation home market behind Florida, Waikiki hasn’t seen as much development as now since the 1960s when the area was originally designed as a resort magnet. In Kapolei a new major residential development is underway. As a result of a healthy market place, few foreclosures, and the infusion from Japan Housing Predictor forecasts Honolulu to appreciate 6.8% for the year.

In Maui condo development is underway. Maui is becoming the state’s second most developed island and new construction is still on-going. Maui will see a healthy pace of home and condo sales on the way to forecast 5.6% appreciation.

On Kauai home sales have also slowed slightly, but with its more relaxed less urban setting Kauai still has healthy consistent growth. Condo development is limited to four stories on this remote more 1970's version of the islands, keeping the flavor of Hawaii rituals more intact.

Kauai is forecast to see another year of good home sales growth in 2008 on the way to 4.9% in appreciation for the year.

Source: HousingPredictor.com - end Feb 2008

The 2008
Top 25 Real Estate Market Forecast

An amazing dozen states real estate markets are represented on the 2008 Housing Predictor Top 25 Market list.

The Top 25 with the highest forecast appreciation have the greatest probability of reaching their forecast of the more than 250 local housing markets Housing Predictor forecasts. In 2007 Housing Predictor’s forecasts were 86% correct within a 1 to 2 percent margin.

Yakima, Washington in eastern Washington State won the #1 position with forecast appreciation of 7.1% after appreciating strongly in the past year. Yakima still has a fairly active market, despite mortgage woes.

However, Hawaii is the strongest single state in the nation for real estate sales, and Honolulu was selected for the second spot in the Top 25, followed by Salem, Oregon. Six states each placed 3 communities on the list.

Interestingly, the top markets for 2008 are scattered throughout all parts of the U.S. from the west to the east and into the southern states. No particular area was more dominate than another as more and more smaller communities based on population made the forecast. The forecast shows a strong trend that is developing in the U.S. More people are moving to smaller less urban cities seeking a better quality of life.

Rank	Real Estate Market	2008 Forecast
1.	Yakima, WA	7.1%
2.	Honolulu, HI	6.8%
3.	Salem, OR	6.5%
4.	Maui, HI	5.6%
5.	Bismarck, ND	5.6%
6.	Manhattan, NY	5.2%
7.	Sun Valley, ID	5.1%
8.	Biloxi, MS	5.1%
9.	Kauai, HI	4.9%
10.	Austin, TX	4.8%
11.	Grand Junction, CO	4.5%
12.	Fargo, ND	4.5%
13.	Mobile, AL	4.4%
14.	McAllen, TX	4.3%
15.	Idaho Falls, ID	4.2%
16.	Spokane, WA	4.2%
17.	Glen Falls,NY	4.0%
18.	Salt Lake City, UT	3.9%
19.	Grand Forks,ND	3.9%
20.	San Antonio, TX	3.9%
21.	Seattle, WA	3.8%
22.	Pascagoula, MS	3.8%
23.	Hattiesburg, MS	3.7%
24.	Albuquerque, NM	3.5%
25.	Kellogg, ID	3.5%