Kauai Realty, Inc

Kauai Realty, Inc

  • 2970 Kress St
  • Lihue, Hawaii
  • 96766-1355

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Description

What is "CPR"? Condominium Property Regime ("CPR") refers to the specific form of ownership and governing process created when real property becomes a condominium. The process of creating a condominium is often referred to as "CPRing" property. Condominiums come in many forms and encompass a variety of uses as may be permitted by zoning regulations. Some of the allowable uses by zoning include: residential, commercial, industrial and agricultural. A condominium is a form of ownership of real property regardless of the architectural style of the apartment, be it in a high-rise, townhouse or detached unit. Condominium ownership is described as ownership of an apartment (or unit) and a percentage of undivided interest in the common elements. The apartment owner is entitled to exclusive ownership of the apartment but the land is a common element, owned jointly in common with other apartment owners in the condominium project. Examples of other traditional common elements are lobbies, hallways, roofs and roadways. Yard areas or parking spaces which are provided for an apartment's exclusive use (versus ownership) are usually identified as limited common elements. The creation and administration of CPRs are governed by Chapter 514A of the Hawaii Revised Statutes ("HRS"). Why CPR? Two advantages of condominium ownership are separate mortgages and property taxes for each apartment owner. Note that creating a CPR does not increase the number of apartments permitted on the property. Neither does the CPR determine or change the zoning. What Property can be "CPR'ed"? Submission of real property in the State of Hawaii to CPR must be by the owners, including lessees. The project must contain two or more apartments as defined by statute. The number and type of apartments must meet zoning requirements. Therefore, if the project will contain dwelling units, the number of dwelling units allowable is determined by the zoning district. Neither the Real Estate Commission ("Commission") nor the Counties approve or disapprove what property can be CPR'ed. How to CPR? To verify the allowable uses on the property contact the appropriate county agency. Note the uses are the same whether or not the property is CPR'ed. Provide the County with the Tax Map Key ("TMK") number or property address to confirm the number of apartments e.g. dwelling units and types of uses permitted and defined by zoning regulation. Contact information is provided on the last page of this brochure. A condominium is created when the following items are recorded at the Bureau of Conveyances or filed at the Office of the Assistant Registrar of the Land Court: 1) Declaration of Condominium Property Regime; 2) Bylaws of the Association of Apartment Owners; 3) Condominium Map (floor plans); and 4) Master deed or lease. The property owner(s) may be the developer of the condominium project. However, if the developer is not the property owner(s), then the owner(s) must acquiesce to submission of the property to CPR by consent and joinder to the Declaration of Condominium Property Regime.

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