terms HI

The primary purpose of HICZMP is to ______. - Act as a liaison between federal and state coastal zone management programs. - Define the location and size of Hawaii's special management areas. - Enforce implementation of coastal zone management programs. - Serve as an umbrella resource for county implementations of coastal zone management programs.

- Serve as an umbrella resource for county implementations of coastal zone management programs.

Which of the following describes a government police power? -Exercising the right of eminent domain -Exercising the right of escheat -Implementing zoning ordinances and building codes to protect citizens -Levying property taxes to support infrastructure

-Implementing zoning ordinances and building codes to protect citizens Police power is the government's right to protect citizens through creating and enforcing various controls, including zoning, building, and environmental regulations.

Which of these statements about Hawaii's Shoreline Protection Act is true? -The SPA is Honolulu County's method of implementing shoreline and wetlands protections. -The SPA is the federally approved version of the Hawaii Coastal Zone Management Program. -The SPA required administration of the federal Coastal Zone Management Act until the state could ratify its own legislation. -The SPA was passed as Hawaii's permanent version of the federal Coastal Zone Management Act.

-The SPA required administration of the federal Coastal Zone Management Act until the state could ratify its own legislation. The SPA was a temporary compromise act that authorized the Hawaii Department of Planning and Economic Development to administer Hawaii's response to the federal Coastal Zone Management Act until the state could ratify its own legislation.

Which of these situations would be exempt from the Hawaii Uniform Land Sales Practices Act registration requirements? -Gina subdivided an acreage into 32 lots. She'll sell 16 lots in each of the next two years. -Sherman has 18 lots that will be sold in the next 12 months. -Tobias is selling his lots to a developer who will build an office building for resale. -Todd is selling his lots to avoid going into foreclosure.

-Tobias is selling his lots to a developer who will build an office building for resale. Numerous exemptions to the registration requirement exist, one of which is the sale of subdivided property to a developer who will construct a building for resale within two years.

Which of these would be considered a usurious interest rate on a mortgage loan in Hawaii? 10% 12% 12% simple when a written contract secured the loan None of these

12% simple when a written contract secured the loan In general, mortgage loans secured by a written contract are subject to usury laws.

Coastal Zone Management Act

1977 This act implemented the Hawaii Coastal Zone Management Program, which is administered by the Hawaii Office Of Planning under the Hawaii Department of Planning and Economic Development. It is intended to function as a state-wide resource management policy umbrella. It permits counties to manage their own Special Management Areas, stepping in to assist and help standardize procedures. The program requires involved agencies to look at resources from a broad ecosystem perspective instead of a narrower focus on specific species or resources.

Public Access to Shoreline Hawaii

A 1995 Hawaii Supreme Court case law decision, called Public Access to Shoreline Hawaii (PASH) PASH typically impacts properties near the ocean, Kuleana lands, archaeological and burial sites, forest reserves, historic areas, indigenous vegetation, and streams/rivers/ trails.

Which of these has the highest allowable interest rate under Hawaii's usury laws? A consumer loan from a financial institution A first mortgage A home business loan An undocumented personal loan

A consumer loan from a financial institution Hawaii permits financial institutions to charge up to 24% interest on consumer transactions and home business loans, provided a written agreement is in place.

James, a Hawaii seller, is providing financing to his property's buyer in the form of a purchase money mortgage. Which of the following does James hold under this arrangement? A lien against the property A second mortgage Collateral in the form of the property Legal title to the property

A lien against the property

Which of these restrictive covenants would be prohibited by Hawaii's fair housing statute? A prohibition against changing the association bylaws or declaration A prohibition against conveying a property to any female A prohibition against developing the property into condominiums A prohibition against selling the property to any government agency

A prohibition against conveying a property to any female

Based on the information given, which of these individuals would qualify for the HUD Section 184A Native Hawaiian Housing Loan Guarantee program? A. Jessica is a Native Hawaiian who wants to rehabilitate and live in a property on Hawaiian home lands. B. Carlo is a Native Hawaiian who wishes to rehabilitate a home land property as a rental. C. Mervin has lived in Arizona all his life but has always dreamed of moving to Hawaii and building a house on home land property. D. Leilani is a Hawaii resident who wants to convert the family estate to condos.

A. Jessica is a Native Hawaiian who wants to rehabilitate and live in a property on Hawaiian home lands. HUD Section 184A funds are limited to eligible Native Hawaiians who will build or renovate and live in a home on Hawaiian home lands.

Sean transferred ownership of his Big Island farm to his son. His grandson agreed to continue farming the property until/unless the land use classification or zoning changed OR until Sean's grandson was old enough to decide if he wanted to keep the property. Which of these statements must be true? A. This is a personal restrictive covenant because it impacts only Sean's son and grandson. B. This is a covenant that will be enforced by the Land Use Commission. C. This is a covenant that runs with the land. D. This is a deed restriction that can only be removed by court action.

A. This is a personal restrictive covenant because it impacts only Sean's son and grandson. Because this covenant impacts on Sean's son and grandson, giving the grandson the right to discontinue farming the property at some future date, it's a private covenant and doesn't run with the land.

Avery wants to add a rentable unit to his existing Maui house. His property is zoned R-3, and the lot is 4,500 square feet. Based on general knowledge of zoning laws, which of these is true? A. Zoning designations vary by county, so Avery must determine what R-3 zoning requirements are in Maui county. B. Avery is already in violation of zoning laws because his lot isn't at least 5,000 square feet. C. Avery may add the rental unit with a full kitchen as long as the entire structure doesn't exceed the permitted footprint on his lot. D. If the unit is considered an Ohana, Avery may add a second full kitchen.

A. Zoning designations vary by county, so Avery must determine what R-3 zoning requirements are in Maui county.

purchase money mortgage (PMM)

Another form of seller financing, the seller holds a lien against the property. The buyer has legal, not equitable, title to the property. involves the seller financing all of the purchase price (normally minus a down payment) or a part of the purchase price in the form of a second mortgage. A mortgage document secures the property as collateral for the loan.

The Island Hoppers Development Corporation plans to develop a new dining, shopping, and luxury hotel complex within a special management area near Waikiki. It will likely be required to ______. Apply for a county special use permit. Apply for a SMA major use permit. Apply for a SMA minor use permit. Apply for a zoning variance

Apply for a SMA major use permit. SMA major permits are for projects with a substantial adverse impact on the area's environment or ecology or that will contribute significantly to the cumulative impact of area development. SMA minor permits are for projects valued at less than $500,000.

Olivia has learned that the LUC just approved her special permit. Which of the following must be true? A. Her project is in an urban district. B. The permit area is larger than 15 acres. C. The county must now approve her project. D. The State Board of Land must also approve her project.

B. The permit area is larger than 15 acres. Projects in agricultural and rural districts may require special permits, which aren't used in urban areas. We know that special permits are first reviewed by the county, then by the LUC. In an agricultural or rural district, a proposed special use area that's larger than 15 acres must be approved first by the county planning commission, then by the LUC. Hawaii doesn't have a State Board of Land.

Sherman has a subdivided land project on the mainland. He'd like to offer it for sale to Hawaii buyers. Which act requires him to register first with the state of Hawaii? Hawaii Land Registration and Confirmation Act Land Registration Act Uniform Land Sales Practices Act Uniform Property Sales Act

Uniform Land Sales Practices Act

Usury Laws (Chapter 478)

Usury is defined as the practice of loaning money at an unreasonably high interest rate. Hawaii laws provide for the following restrictions: The interest rate for loans for which there is no written agreement between the borrower and lender may not exceed a simple rate of 10%. For consumer transactions and home business loans with a written agreement, interest is restricted to 12%.

In relation to a Hawaii Agreement of Sale (land contract), the seller is referred to as the _____. Payee Payor Vendee Vendor

Vendor

Which of these is an example of a purchase money mortgage? a Buyer Jethro doesn't have the full 20% down payment his lender requires. To close the sale, seller Cindy will finance a loan for the gap between Jethro's down payment and the amount the institutional lender will loan. She'll place a lien on the property. b Charles is selling his property to Seth. Charles is financing part of the transaction for Seth, who will make payments to Charles while Charles retains the property title. c Elizabeth wants to make a 20% down payment on her mortgage loan. She's short on cash right now, but will get a big payout soon. She finances her home with a first mortgage, and takes out a second mortgage to finance the down payment. d Manuel is selling his home to Selena. He has an existing loan that he'll continue to make payments on, and he's extending credit to Selena for the balance of the purchase price. She will make monthly payments to him.

a Buyer Jethro doesn't have the full 20% down payment his lender requires. To close the sale, seller Cindy will finance a loan for the gap between Jethro's down payment and the amount the institutional lender will loan. She'll place a lien on the property. A purchase money mortgage involves the seller providing some or all the financing for a buyer. The buyer holds title, and the seller holds a lien.

Which of these statements about affordable housing organizations in Hawaii is true? a Hula Mae is designed to offer competitive mortgage loans to eligible borrowers. b The HHFDC, as part of the Department of Business, Economic Development, and Tourism, provides direct lending to eligible home buyers. c The HPHA, as part of the Department of Human Services, provides affordable housing research information to the public. d The Native Hawaiian Housing Loan Guarantee Program oversees Hawaii's Section 8 housing program and the Native Hawaiian Housing Loan Guarantee Program.

a Hula Mae is designed to offer competitive mortgage loans to eligible borrowers.

A Hawaii seller is providing financing to a buyer under an agreement of sale arrangement. Which statement best summarizes who holds title to the property in a seller financing situation? a The buyer receives both legal and equitable title to the property upon recordation of the transaction. b The buyer receives legal title to the property while the seller holds equitable title to the property until the agreement of sale terms are fulfilled.. c The seller retains legal and equitable title to the property until the buyer fulfills the terms of the agreement of sale. d The seller retains legal title to the property until the buyer fulfills the terms of the agreement of sale, but the buyer holds equitable title to the property.

d The seller retains legal title to the property until the buyer fulfills the terms of the agreement of sale, but the buyer holds equitable title to the property.

Which of these statements about a Hawaii agreement of sale is true? a Hawaii law limits the length of an agreement of sale to no more than five years. b Payments on an agreement of sale must be sufficient to pay off the entire balance over the term of the loan. c The seller provides financing and holds a lien against the property when extending funds under an agreement of sale. d When an agreement of sale is to be used, the purchase contract is accompanied by an agreement of sale addendum.

d When an agreement of sale is to be used, the purchase contract is accompanied by an agreement of sale addendum.

Hawaii Public Housing Authority (HPHA)

helps develop affordable rental and supportive housing as well as public housing. HPHA administers Hawaii's federal and state public housing programs, senior housing, the state of Hawaii Rent Supplement Program, and job training and high school equivalency programs.

Conservation (aka preservation) districts

include land already designated as a forest or water reserve zone. The purpose of these districts is to protect the state's water, wildlife, and vegetation. The State Board of Land and Natural Resources administers conservation district lands and develops rules for use.

Rural districts

made up mostly of small farms and low-density residential lots that are at least a half an acre. The Land Use Commission and county governments share jurisdiction over these areas. Use must be compatible with or related to agriculture and low-density residential lots.

Agricultural districts

mainly used for crops, aquaculture, and livestock. Newer permitted uses include wind energy, timber cultivation, and activities that support agriculture, such as mills and employee living quarters. Vacant land with the potential for agricultural use is also included. Some golf courses and golf-related activities that were approved by a county before July 1, 2005, are included in agricultural districts, but such use is not permitted for new facilities.

"run with the land,"

means that it binds successive property owners.

Hula Mae Mortgage Loan Program

offers 30-year mortgage loans at competitive interest rates to eligible first-time homebuyers. When available, Hula Mae loans require that applicants meet certain eligibility requirements, including income limits. Applicants must be Hawaii residents 18 years of age or older and first-time homebuyers (unless the home is in a targeted area). Applicants may not have previously received a Hula Mae loan.

Hawaii Housing Finance and Development Corporation (HHFDC)

oversees affordable housing finance and development in Hawaii. HHFDC works with residents, housing developers, and finance organizations to increase affordable housing opportunities.

HRS Chapter 28 § 515-6 (Hawaii's fair housing statute)

prohibits the enforcement of restrictive covenants that discriminate against any protected class either in the right of entry or possibility of reverter (where the breach of the covenant would result in ownership or leasehold interest reverting to the previous owner or landlord). One exception to this requirement is that real property owned by a religious organization or religious charitable organization may be restricted to use by only members of that organization.

Urban districts

urban districts are further divided by the county in which they are located into improved and unimproved land as well as specific zoning classifications, which include residential, apartment, resort, business, and industrial zones. These zoning and other county ordinances and rules usually establish lot sizes and permitted uses.

Which of these statements about the Hawaii Uniform Land Sales Practices Act is true? A. The act is designed to encourage buyers and sellers to use uniform forms and verbiage in all purchase contracts. B. Under this act, developers must register a proposed sale of a subdivided lot before conveying any interest in the lots. C. Based on this act, real estate licensees are required to register with the Professional and Vocational Licensing Division if they intend to list any vacant property for sale. D. The act requires that property to be subdivided be first offered to sale to native Hawaiians before being offered to the general public.

B. Under this act, developers must register a proposed sale of a subdivided lot before conveying any interest in the lots. The act applies to subdivided land inside or outside Hawaii. Prior to being offered for sale to Hawaii residents, the project must be registered with the state, which is a thorough process requiring extensive seller disclosures. You've probably heard someone say, "Hey, if you believe that, I have some beachfront property in Colorado for sale." The Uniform Land Sales Practices Act is designed to protect buyers from sellers like this.

Which of these statements about Special Management Area boundaries is true? A. No development is permitted within SMA boundaries. B. The state of Hawaii has established the SMA boundary as 100 yards from the shoreline. C. Counties must seek approval to reduce the size of the SMA. D. SMA boundaries extend inland 100 yards from the shoreline setback.

C. Counties must seek approval to reduce the size of the SMA. Hawaii law expressly permits development with SMAs, but such development is closely regulated and monitored. SMA boundaries typically extend 100 yards inland from the shoreline; however, the boundaries are set by individual counties, not the state. once SMA boundaries have been set, counties must seek approval from the state Office of Planning to reduce the SMA size. SMA boundaries typically extend 100 yards inline from the shoreline, not from the shoreline setback.

Which of these is most likely to be a type of assistance offered through HPHA? Locating a time-share rental for an elderly citizen Managing an advanced placement tuition program for high school students Offering low-cost first-time homebuyer loans Providing a rental supplement to a low-income family

Providing a rental supplement to a low-income family PHA helps to develop affordable rental and supportive house. The agency administers Hawaii's Section 8 housing program as well as senior housing, job training, and high school equivalency programs.

Which of these is NOT an example of a purchase money mortgage? A. Jenna's seller, Rob, is financing her purchase of his home, less a 10% down payment that Jenna must provide. The loan is for 20 years at 6% interest. Jenna will have title to the property. B. Kennedy is financing the down payment for the couple who's buying her house. She'll have a lien against the property. C. Kirsten is financing the full purchase price for the investors who are purchasing her duplex. The investors will provide a 15% down payment, and Kirsten will hold title to the property. D. Russell's lender has given Russell permission to borrow the down payment for his Hawaii home purchase from the seller. The seller will hold a second-position lien against Russell's vacation property in Arizona property until the loan is paid in full.

C. Kirsten is financing the full purchase price for the investors who are purchasing her duplex. The investors will provide a 15% down payment, and Kirsten will hold title to the property.

Which of these activities would most likely be considered "reasonable" based on PASH? A. A group of teens wants to begin a tradition of building a bonfire specifically to worship Kanaloa, god of the underworld. B. A group of practitioners plans to harvest firewood and fruit from the neighbors' yards in honor of the age-old tradition of gathering. C. Native Maui Hawaiians plan to cross a privately owned vacant lot to access the shores where their ancestors harvested salt. D. The county passed an ordinance that prohibits any kind of trespass on undeveloped properties.

C. Native Maui Hawaiians plan to cross a privately owned vacant lot to access the shores where their ancestors harvested salt.

Which of these factors makes land use planning in Hawaii more complex than in other states? A. Hawaii's strict environmental and ecological regulations B. The state's limitations on building height and size C. The relationships between the state, counties, and cities D. The vast amount of coastal area in the state

C. The relationships between the state, counties, and cities Because the state is made up of separate islands, and each island is a separate county, it's sometimes difficult to ensure that planning functions between cities, counties, and the state work in harmony.

Which of these most accurately depicts an agreement of sale (land contract)? A. Christina is financing the down payment for her buyer, who will finance the remainder of his purchase of Christina's house through a traditional mortgage loan. B. Jessica and Tom use the equity in their current home to purchase a small piece of land on which they'll build a vacation home. C. Victor buys a property from Yolanda for $200,000. Using a land contract, Victor agrees to pay Yolanda in monthly installments of $4,000 over the course of 50 months. Yolanda will retain title to the property until the loan is fully paid. D. Tristan is buying Carson's home for $240,000. Tristan gave Carson $75,000 as a down payment. Carson will continue to make his mortgage payments, and Tristan will make payments to Carson for the remaining balance on the property.

C. Victor buys a property from Yolanda for $200,000. Using a land contract, Victor agrees to pay Yolanda in monthly installments of $4,000 over the course of 50 months. Yolanda will retain title to the property until the loan is fully paid.

Options for seller financing in Hawaii include the agreement of sale and the ___________. Equity mortgage Purchase money mortgage Seller-insured loan Trust deed

Purchase money mortgage

The Hawaii Land Use Commission arranges for special use permits in which land use district? Commercial Conservation Rural Urban

Rural The Land Use Commission has the responsibility for approving special permits in both the agricultural and the rural land use districts.

Lily owned a double lot on the waterfront. She sold the lot to Hannah and placed a private restriction prohibiting anything taller than a one-story building. Hannah wants to build a three-story house. What is her most likely option? A. Check to see if the building and zoning regulations will permit a larger house. B. Apply to the zoning board of appeals for a variance. C. File suit against Lily to have the restriction removed. D. Conform to the deed restriction.

D. Conform to the deed restriction. Once placed in a deed, restrictions are binding on current and future owners. Litigation or zoning board appeals typically won't change or remove them unless they're proven to be illegal or excessive.

Which of these statements regarding Ohana dwellings is true? A. The state of Hawaii regulates the size and construction of Ohana dwellings. B. Ohanas may house only family members. C. Ohanas may not be sold as separate living units. D. Each county enforces its own Ohana regulations.

D. Each county enforces its own Ohana regulations.

Trinity's loan is subject to Hawaii's usury laws and is restricted to a 10% interest rate. Which of these must be true? A. It's a second mortgage secured by her primary residence. B. It's a home business loan with a credit limit of $300,000. C. It's a consumer credit loan signed by the borrower for less than $5,000. D. It's a loan with no written agreement between the borrower and lender.

D. It's a loan with no written agreement between the borrower and lender. Hawaii usury laws apply to only a few types of loans. First and second mortgages aren't covered, so option A is out. Home business loans are covered, but only those that don't exceed $250,000 or have a credit limit of more than that same amount, which eliminates option B. Consumer credit loan interest (when a written agreement is in place) is restricted to a simple interest rate of 12%. Out, out with option C! In Hawaii, if no written agreement between the borrower and lender exists that states otherwise, interest is limited to 10%. Option D is the correct answer.

Jeanette is purchasing a newly built Maui beachfront home. Which of these statements is most likely true? A. Jeanette's home is within an SMA. B. Jeanette owns the property down to the low-tide mark. C. Jeanette's property is at least 20 feet from the shoreline. D. Jeanette's property is at least 40 feet from the shoreline.

D. Jeanette's property is at least 40 feet from the shoreline. While Jeanette's home may be within an SMA, we don't know that for sure. The property could be beachfront and still be outside the boundary her county has set for the SMA. All beach areas in Hawaii (from the shoreline or high wash of the waves) are publicly owned. State laws establish shoreline setbacks at 40 feet, though in very limited cases for older properties, this setback may be as little as 20 feet. We know that Jeanette's home is newly built, so the 40-foot shoreline setback is most likely in place.

Which of these borrowers would most likely be eligible for funding from the Hula Mae loan program? A. Cynthia is selling the home that she's lived in for 10 years; she's researching the best financing options for her next home purchase. B. Carson is purchasing a leasehold property on which the remaining term is 27 years. C. Mitzi was so pleased with how her first Hula Mae loan worked that she wants to use the loan program for her upcoming new home purchase. D. Jessie has been saving her money and finally has enough for a down payment on her first home.

D. Jessie has been saving her money and finally has enough for a down payment on her first home.

Which of these would be considered a usurious interest rate on a mortgage loan in Hawaii? A. 10% B. 12% C. 24% D. None of these.

D. None of these. Be careful with questions like this. It's easy to look at this and know that you've seen all these percentages noted in the section on usury. But wait! Remember the types of loans that aren't covered by Hawaii's usury laws? One of those is a first mortgage. This eliminates options A, B, and C, and makes option D the correct answer.

Laura has agreed to purchase Derrick's Oahu property using an agreement of sale. Who holds legal title to the property during the term of the loan? Both Laura and Derrick Derrick Laura The state

Derrick

Which of these statements regarding planning departments in the state of Hawaii is true? - Each county has a planning department. - No city-level planning divisions exist in Hawaii. - Only the city of Hilo in Hawaii County is large enough to support its own planning department. - The Hawaii State Building Department oversees all planning and development on the islands.

Each county has a planning department.

Restrictive Covenants

Restrictive covenants (aka protective covenants or deed restrictions) are private land controls that may be imposed by any grantor. Most often, they're imposed either by a property developer or an owners association. These covenants are written promises in which the buyer or tenant agrees to either perform or not perform certain acts. These covenants impose restrictions on land use so that the value and enjoyment of adjoining land is protected. Covenants are usually intended to preserve the appearance and enjoyment of properties within a given neighborhood that's subject to an owners association. If any party fails to enforce all or some of the prescribed covenants, the right to enforce them may be lost through a concept called the Doctrine of Laches.

Which of these is Hawaii's permanent legislation designed to protect the state's coastal zones? CZMA DPED HICZMP SPA

HICZMP The Hawaii Coastal Zone Management Program, HICZMP, is Hawaii's permanent coastal zone management legislation.

Shoreline Protection Alliance (SPA)

In 1975, the Shoreline Protection Alliance (SPA) lobbied the Hawaii legislature for laws to control coastal development along Hawaii's shorelines. Under the Shoreline Protection Act, the Hawaii Department of Planning and Economic Development (DPED) was to administer Hawaii's response to the federal Coastal Zone Management Act (CZMA) of 1972 until the state could ratify its own version of coastal management law.

How many individuals are appointed to the Hawaii Land Use Commission? Five Nine Seven Three

Nine

James' mortgage loan is secured by a first lien on his property. Is this loan subject to Hawaii's usury laws? No. Loans secured by a first mortgage aren't subject to usury laws. No. Only consumer credit is subject to usury laws. Yes, but only if there's no written documentation of the loan. Yes, if there's a written mortgage loan agreement and promissory note.

No. Loans secured by a first mortgage aren't subject to usury laws.

In Hawaii, restrictive covenants are placed on what and by whom? On all subsequent property owners by the initial property owner On property owners by the courts On the developer by a property owner On the developer by the government

On all subsequent property owners by the initial property owner

Purchase Money Mortgage vs. Agreement of Sale (Land Contract)

One of the primary differentiators between a land contract and a purchase money mortgage is in who will hold title to the property. If the borrower holds title, and the seller holds a lien against the property, it's a purchase money mortgage.

Josie wants to add an Ohana dwelling to her property. Which of these is a requirement no matter which island Josie is on? Only family members may live in the Ohana. The dwelling must be permitted. The lot size must exceed 5,000 square feet. The Ohana must be detached from the main structure.

The dwelling must be permitted.

Who appoints the members of Hawaii's Land Use Commission? The director of the DLNR The governor The house of representatives The real estate commission

The governor The governor appoints the nine members of the Land Use Commission, and the senate confirms those members.

Hawaii Uniform Land Sales Practices Act (HRS §484)

The purpose of the Hawaii Uniform Land Sales Practices Act is to protect buyers by requiring certain disclosures and other protections when purchasing subdivided lots. Under HRS § 484, Hawaii courts have jurisdiction over sellers outside Hawaii who target Hawaii residents. This law is an attempt to protect buyers from unscrupulous sellers who would be less than truthful about lots offered for sale.

Agreement of Sale

The vendor/seller provides financing for the home and retains legal title to the property until the purchase price is paid off; the vendee/buyer holds equitable title.; also known as a contract of sale or land contract (a form of seller financing) The buyer and seller can set any terms they wish, though the loan term is usually short (five years). Payments are customarily interest only, with the entire principal balance due at the end of the term.

police power

This power permits federal, state, and local governments to create and enforce zoning regulations, building codes, and environmental protection laws designed to ensure the health, safety, and welfare of citizens.

Which of these represents the general purpose of planning and building departments? To ensure that the four overarching government controls are enforced To generate permit revenue for the governing authority To protect native Hawaiian rights in the building process To support and manage area growth and development

To support and manage area growth and development

Avery wants to add a rentable unit to his existing Maui house. His property is zoned R-5, and the lot is 4,500 square feet. Based on general knowledge of zoning laws, which of these is true? - Avery is already in violation of zoning laws because his lot isn't at least 5,000 square feet. - Avery may add the rental unit with a full kitchen as long as the entire structure doesn't exceed the permitted footprint on his lot. - If the unit is considered an Ohana, Avery may add a second full kitchen. - Zoning designations vary by county, so Avery must determine what R-5 zoning requirements are in Maui county.

Zoning designations vary by county, so Avery must determine what R-5 zoning requirements are in Maui county.

Rennie wants to build a multi-story home on the vacant residential lot he just purchased in Hawaii. Which of these is most likely to restrict him from doing so? Land use classification PASH Setback requirements Zoning regulations

Zoning regulations

Hawaii Land Use Act

adopted in 1961, created a framework of land use management and regulation that places all land in Hawaii in one of four land use districts. Urban Rural Agricultural Conservation (aka preservation)

Which of the following individuals may qualify for a loan under Hawaii's Employee's Retirement System (ERS)? a Carsen, who retired from employment with the county and is purchasing an investment property b Dennis, who is five years from retiring from employment with the county and is refinancing the loan used to purchase his single-family principal residence c Geraldine, who retired from employment with the state and is purchasing a single-family home as her primary residence d Magda, who currently works for the state and is constructing a new single-family home that will be her principal residence

c Geraldine, who retired from employment with the state and is purchasing a single-family home as her primary residence

To which of these loans would Hawaii's usury laws apply? a Craig's mother took out a reverse mortgage on her property. b Jenson took out a second mortgage on his home to remodel it. c Kirstin agreed to loan a customer $5,000 to purchase inventory. There's no written loan documentation. d Michael is borrowing $150,000 against the equity in his home to start a catering company.

c Kirstin agreed to loan a customer $5,000 to purchase inventory. There's no written loan documentation. Because the loan to Kirstin's customer isn't documented in writing, it's subject to a 10% interest rate restriction under Hawaii's usury laws.

The "shoreline"

defined as the high wash of the waves as evidenced by the natural growth of vegetation (not vegetation planted by landowners in an attempt to artificially mark the high wash area) and deposited debris. The actual shoreline location can be verified by a shoreline survey, which will be verified by the state. These surveys are valid for one year. State law establishes a shoreline setback of 40 feet, although in limited cases this setback may be 20 feet (for some older properties). Counties may be permitted to extend shoreline setbacks.

The ownership of real property is limited by four overarching governmental controls:

eminent domain, escheat, taxation, and police power.