TO GET STARTED call UPCOUNTRY LAW at (808) 419-6662, or use our handy CONTACT FORM to begin the process.

CREATING A CONDOMINIUM

At UPCOUNTRY LAW, condominium creation is our passion and it’s what we love to do. Our highly experienced Condominium Attorney, Garrett J. Eden, Esq., has been involved and assisted with the successful completion and approval of many simple and complex condominium projects, all over the Island and County of Maui.

Creating a condominium is a preferred, fast, and simple way to increase your property value, by dividing up the entire property into separate sellable Units, while establishing a set of rules and obligations for all the Unit Owners, on how you want the entire property utilized, managed, and maintained from then on.

A Condominium is created when a single entire property is divided into multiple Units, each Unit can then be separately sold, gifted, or mortgaged, and each individual Unit will have a separate TMK number, property tax assessment, and property value. All Units in a condominium also share a common ownership interest in the portions of the property jointly owned and used by the unit’s owners, known as the Common Elements.  The Units are bound by the rights and obligations dictated in the Declaration, Bylaws, Condo Map, and House Rules, also known as the Controlling Documents. All Unit owners have voting rights and are members of their Condominium Association, which is responsible for managing the condominium, and maintaining the ability for Unit Owners to enjoy and make use of the Common Elements.

CONDOMINUM ASSESSMENT

When you are ready to begin, our Office will perform an initial Condominium Assessment on the property, assessing the property’s zoning classification, current State and County rules and ordinances, setback requirements, building restrictions, water availability, as well as any land or other restrictive encumbrances on Title, and current building permit requirements, to make sure your property can create a condominium with the amount of Units / Dwellings you want.

READY TO CREATE A CONDOMINIUM

From the initial Condominium Assessment and site visit with the Attorney, to the submission and approval of the Developer’s Public Report, our Office will be able to advise you through the entire process, as our Condominium Attorney is highly experienced with dealing with the County of Maui’s many different Planning, Permitting and Zoning Departments, the County’s new MAPPS application system, and is used to working with the Hawaii Real Estate Commission’s Condominium Specialists and Consultants, along with the Architects, Engineers, and County Inspection requirements.

Our highly experienced and qualified team of CPR professionals will make it easy for you to prepare your property for all of the County’s inspections and conforming requirements. We will draft all of the required and important condominium documentation and disclosures, navigate all of the State and County Administrative and Environmental regulations, and expedite the condominium process as much as possible, allowing for quick condominium project approval, and allow you start selling Units, as soon as possible.

Your Condominium Project timeline

Our office has been involved and assisted with the successful completion and approval of many condominium projects, averaging DPR approval with an effective date within 8 to 12 months.

2 PHASE CONDOMINIUM PROCESS

PHASE I – Property Visit and Client Engagement —— Recordation of the Declaration and the Bylaws

PHASE II – Developer’s Public Report Submission —— Developer’s Public Report Approval

what are the benefits of creating a condominium

Condominiums provide a wide variety of benefits and opportunities to the community of Maui and local families, such as decreasing rent costs, by providing affordable housing and more available places to rent, the ability to sell portions of your property to finance the building of a new home or the renovation of an existing home, to provide ways in which families can easily divide and gift sections of their property to their keiki or other family members, and the opportunity to pay off burdensome mortgages or personal loans, that in some situations have saved local families from losing their entire property.

If you have questions about how to create a condominium project, or you need assistance with making changes to your existing condominium project, feel free to call UPCOUNTRY LAW at (808) 419-6662, or use our handy CONTACT FORM to begin the process.