Reasd posted reviews by azul_waters

I have friends who have stayed with them every year for the last four or five. They are reputable and you can relax despite the naysayers who post here regularly. The chance of the house getting swept away in a Tsunami is better that the City shutting them down.

Thanks! I wasn't sure if these were the same people azul used, but I feel comforted if they are.

Just found a post where the site was referred to...thanks!

I wouldn’t bet the farm Topekamike that the City will not be shutting down the “Illegal” vacation rentals in Waimanalo! Just because someone operated “illegally” for four years, does not guarantee they will be operating “illegally” in the next six months. You stated in a previous post the "illegal vacation rental" patrol all went to Bora Bora for the winter. There is no "illegal vacation rental" patrol, but there are Department of Planning and Permitting inspectors who take their job’s serious, as does the community that supports their efforts to uphold our laws. “Illegal” is “Illegal” and all visitors who are planning on staying in a residential zone district should be aware that the community and City officials are committed to shutting down the “illegal” operations. This message has been stated repetitively by Mayor Hanneman, Director Eng and many of the Neighborhood Boards where these “illegal” operations reside. I believe visitors need to be at least aware if their accommodations are legal or “illegal” and understand the consequences of their actions. I don’t understand why anyone would not want visitors to know the truth, unless they have a vested interest in “illegal” vacation rentals.

But is this one illegal or not?

I emailed them and asked them if they had a Non Conforming Use Certificate. They wrote back saying they had a Transient Accommodation Permit and quoted the license number.

Is a TAP good enough?

Absolutely not! They may have a Transient Accommodations Tax certificate and/or a General Excise Tax certificate, which anyone can have, but in order to operate a B&B or vacation rental in a residential zone district, you “MUST” have a Non-Conforming Use Certificate issued by the Department of Planning and Permits. This is the law! Anyone who claims differently is trying to mislead you and others. If you would like additional information, call the City officials at 808 523-4193. They can give you the addresses for every legal B&B and vacation rental on Oahu.

Our booking is not until October, so we have taken your advice and are trying to cancel.

I'm hoping this is not going to become an issue. They do state you will get a full refund, if cancelled more than 45 days before, so hopefully they will keep their word!

We are already spending a substantial amount of time in Honolulu and Turtle Bay. We are now thinking we might visit another island, if we do get our money refunded!

I think you have made a wise decision. If you have any problems getting a refund, call the city officials. I recommend you investigate Kauai. It’s a very beautiful island.

I now know I made the right decision. I wrote to the DPP and got back this reply. I didn't name the 'offenders' and don't intend to.

********************

Thank you for your recent email expressing interest in the local laws regulating vacation rentals. FYI there is a big push on Oahu to put an end to the many, many illegal vacation rental operations that have inundated our residential neighborhoods.

On Oahu, the Land Use Ordinance regulates short-term rental operations (less than 30 days). The code only allows the use in the Hotel/Resort Districts/Precincts (Waikiki). Any other area is only allowed to conduct the use if the owners have a Nonconforming Use Certificate (NUC), which "grandfathers" the privilege.

You mentioned that the operator indicated that they did not have a NUC but that they did have a Transient Accommodation Tax (TAT) permit. The TAT is used by State to regulates the taxes. The TAT is basically a hotel tax. It is required for any rental activity with stays that are less than 180 days. It is only when the occupancy is less than 30 days that the county's land use regulation becomes effective Unfortunately for the property you intend to visit, the operator is conducting the use illegally and is subject to civil enforcement with fines up to $1,000 per day.

I hope this answers your questions.

Thank you again for your expressed interest.

Sincerely,

Mike Friedel