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situation you have four basic.tabs up here um we're on the home page.now.this one will take you to go look up.records by.address by street by parcel id or by.legal.lot information this will take you into.the kawaii.gov.website itself where all of our forms.instructions are.we just on this week updated this page.here.we put a couple announcements here for.everybody on here.we did have um we do have people.filing for home exemptions and they.haven't been here long enough to.to file n11s with the state of hawaii.so we allow them in for a one-year.tentative home exemption.as long as they provide us with their.tax returns.originally by april 30th of this year.but we've now extended that to july 31st.because.of the federal change to the tax return.excuse me the tax filing uh deadline to.july 15th so we extended our.for those that have the tentative home.exemption they can provide us with tax.returns by july 31st and.stay in for the 2021 year otherwise.they'll fall off.and they'd have to resubmit.we also have done something in.or specifically to keep keep the elderly.as safe as possible because the majority.of our low.income exemptions that are additional.exemptions to the home exemption.are given to people on fixed income.typically social security so what we.decided this year.was uh the administration decided that.for everybody that already.gained an additional low income.exemption which is an.additional 120 000 added to your 160 000.for basic home exemption we're going to.roll all those people.over into 2021 without having them need.to reapply.so it has to be the same owner same.applicant.and so if i um if i had social security.income only last year and i qualified.for this additional income.i do not have to reapply this year we're.going to roll my.data over into the new year.okay the thresholds for low income.is a gross income threshold 77.700 for the kauai median income.and 48.6 for a very low income tax.credit.i need to i'll explain this a little bit.further that one is an exemption and the.other is a tax credit there are two.different things.what's interesting is that this.threshold has increased by ten thousand.dollars in the.last three years so what's considered.low income.has really gone up and we have.go ahead this is karen i have a question.um this information that you're talking.about right now it's posted on what.website.www.kawaiipropertytax.com.okay thank you this one here it's purple.um the entire state uses this vendor.for websites okay so you can search you.can search any county.under this okay there's a quick link.here to that low income exemption.also but you're also going to be able to.get to it.right here and that's what's going to.take me into my.um my powerpoint now so i'll come down.here.again i can come back to this anytime.you have a question.so let's go here whoops i'm going to do.that.we want to start the slide show.okay so what this is is basically.talking about what we're offering for.mostly residents.let's see is this can i get this out of.the way here.there for mostly residents.of kauai.and so what i just showed you is this.page here.which is the new covet update page.it also has the current 2020 tax rates.here.and also you can get right into the law.right here this link here.current tax relief programs that require.an.annual filing okay.um we just received about 101.new petitions to dedicate land to.commercial farming so that means people.that have been in for.10 years already or are getting in for.the first time.to our agricultural dedication program.they had a july 1 deadline to submit.their filings.what typically happens is we review the.petitions.and if there's missing information we.write a letter.asking for that additional information.and give two more weeks to comply.at that point we start our inspections.of the farms.and determine if the area's petitioned.to be.under use are the actual areas we find.in planted in the ground or fenced for.pasture.the additional income exemption as we.spoke about.is one of the two programs we offer for.low income anything related to low.income.must be applied for every year because.income can change.every year and we'll go.further into what these require.later in the powerpoint a very low.income.tax credit what's interesting about this.in our in our.review of the program we may have.500 or so people who actually.have a income threshold of 48 600 or.less.that's gross income of all title holders.on the property that includes people who.don't live on the property so it's a.little bit more.restrictive however.because they also are qualifying for the.additional 120 000 exemption.and the lowest tax rate they.may get a better deal with the.exempted net taxable value.than they would with three percent of.their gross income so.we've had many many people apply and.qualify but they're yet getting a better.deal.with just the low income exemption and.you can.trust that our office is going to give.them the better deal in all cases.and that's called program two the home.preservation tax limitation.is fairly new i believe it started in.2014.and it really was meant for people who.lived on hanalei bay.who were just getting completely valued.out of their property.so we have some thresholds for that but.when we have about.10 people in the program now that are.enjoying the.ability to pay taxes without losing.their homes.the long-term affordable rental program.is one of our best programs.and many of the other counties are.looking at this program because.everybody's dealing with providing.affordable housing to their own.communities.the long-term affordable rental program.started out very small.and with good intention but it's been.completely overhauled over the last 14.years.and we started with maybe 48 people we.now have about 1400 people.one of the best things new about the.long-term affordable rental program.is you can have an investment property a.property you do not live on.or your your clients can have an.investment property.and if they provide a one to three year.lease.at what we call an affordable rent based.on bedroom size.they get the lowest tax rate homestead.and they get an assessment cap on their.property values from year to year.so that's an another additional benefit.and also an incentive really to provide.affordable housing.the tax of the claim for disaster relief.was is not.currently used but who knows there's a.hurricane coming.but it has been used most recently for.the april 18.uh floods so many people.uh who had flooding on their property.damage to their property.filed the claim with us it's kind of a.misnomer that you're going to get a.current year tax credit.there's all kinds of fancy math to do a.pro-rated tax credit for the year.that the flood occurred.so for instance in the april 18 floods.it was in the year 18 but it was in the.fiscal year.17 so it was the 17 taxes that were.credited.if they if they qualified.the tax on you survey was initiated in.2013 we completely overhauled our law.changed everything on how we.assign a tax class no longer by.zoning rather by the term actual use.so in order to facilitate the.administration of that we.created a survey that we send out every.time a property is.transferred for all new sales asking the.owner to attest to how the property is.used and that helps us to determine what.the tax classification will be.going forward the annual income.affidavit is.uh has been confused to mean that if i.don't file hawaii taxes.i don't have to provide any tax returns.if i want a low income.tax exemption but the fact remains it's.only for those who do not have to file.income taxes.anywhere in the world they just and they.are they're now being required to get.a statement from a tax preparer that.that is the case they don't have to.file so again that goes back to some of.our elderly.who are on social security and maybe.don't have enough income.to to need to file taxes at all that's.what that one's for.um this is a duplication cl i'm sorry.uh how do i go back here.let's see i can't see that.this right here claim for disaster.relief is the duplication of this one i.apologize.uh we still have members of our.community who are.um assigned to combat zone or hazardous.duty.for and it's usually for a year at a.time and we do give them an exemption.for that year that they're not.on kauai and they are they are in that.hazardous.zone my sons had to do that himself.are one-time filings um.along with some other information the.basic home exemption.typically you file one time and it lasts.in perpetuity as long as you.occupy the home and qualify for the home.exemption.if you do not no longer qualify for the.home exemption is.it is on the onus of the owner to let us.know through this notice of change of.facts.if they move away and we discover.that they have stopped qualifying for.the home exemption there is.a penalty that is applied to the.tax correction for those so it's kind of.better to let us know ahead of time.changing of mail address comes on a form.we're taking more and more of these.forms.by email all of these that you see on.the right are.all fillable online if they're forms.and um so we are we do have a general.email.rp assessment at kawhi.gov and many many.people.are now sending in these forms that way.which is okay uh a totally disabled.veteran.he will fill out a form with us.and we will send something to the.veterans administration.and they will verify that he is indeed.considered totally disabled and he gains.a full exemption on the property he.lives on.should or he or she pass away their.spouses will also benefit from this.exemption.the charitable and miscellaneous.exemption has changed recently.you used to have to file every year.provide your 501 3c documents.evidence that you're considered.charitable by the federal government.and if you're leasing to a charitable.entity we need the lease.and that recently changed so that if the.lease is for a term of three to five.years or ten years.the charitable exemption will continue.throughout the term of the lease until.such time as we.are made aware that the lease is no.longer valid.commercial alternative energy exemption.is fairly new.and it is now being used by solar farms.commercial solar farms.also entities that have leases for.doing um biofuel.and there are two selections for the.commercial alternative energy exemption.after the first year of being in.business.you provide us with your income.and we take uh.10 of your income for the previous year.to determine what your taxes are or.you can choose to exempt.your land values.but when you make that decision it is.the final decision it happens you can't.change your mind on that one.and i'll show you that in the law if you.ask.the kuleana tax exemption has been in.place for a while.it was initiated by jay ferfaro back in.time.and the hardest part for this one has.been.the owners having to get some kind of.chain of title from oha.it seems to be time consuming and.there's usually a long wait.but it's also vetted by our county.attorneys and we did have a county.attorney who was able to.facilitate a little bit faster.turnaround time.but that person is now gone so we have.about nine of these.currently in place they pay no tax and.there are some vacant.properties that have this low and.moderate.income housing exemption many people.think this is only for large.entities for large um corporations that.create low and moderate income.housing like we have throughout the.island but we also have.small developers who buy individual.homes or foreclosures and.for instance arc of hawaii is one.company and they.they are able to get this exemption on.individual single-family or multi-family.homes without being in a large project.the historic preservation dedication.exemption is for historic homes that are.currently listed on the hawaii register.registry anybody have any questions so.far.well before i continue i have yeah i had.one.okay um the question was asked.if they convert um their property tbr.for at least six months would they get.any relief for doing that.no not at this time we don't have any.legislation.it works i knew this question was going.to come up multiple times but.the way it works is october 1 2019.was the date of assessment for the 2020.year.the use of the property on october 1.2019.is what the tax classification is set.for for the entire.year if they want to facilitate a change.to that tax equation.tax classification for the 2021 year.there are a bunch of hoops they have to.jump through and they are fairly.permanent so that they would not go in.and out of vacation rental use.and i'll get to that a little bit.further down okay.i haven't heard anything from council.yet as to what.they i'm sure they're getting bombarded.by people.but um we don't have anything from the.legislators or the admin as to.what they're planning to do on this okay.here's another one.since our public record compilation of.exemptions is provided to us.as a single number is there a table of.exemptions.credits together with corresponding.exemption amounts.so we began publishing the type of.exemptions on the.assessment notices in 2019.so now when you see your your exemptions.let's see if i can find one.here i'm sorry i'm going to go out of.here so i can get to.let's see let's go to here.see if i can find one here.let's just see if i can find one.[Music].see down here we're starting to.list them so that's a basic home.exemption is that what they mean.so if there was an income exemption it.would be listed separately here.actually what i was looking for kim is.um we get a single number on our.compilation from his so.it might say total exemptions 192.000. and so is there a listing that says.you know homeowner's exemption is 48.000 a low to moderate income exemption.is 22 000 a.a veteran's exemption is blank come out.so that we can start to decipher or.categorize exactly what might be.included in that exemption amount.for us um as we look at the as we look.at our end of the public record.yes so so i can give you the numbers.but um.it's in the law so it's written in the.law.so in section 11..exemptions each one of these will tell.you the amount but let me just tell you.this.a basic home exemption is 120 000..that's for everybody under 60 years of.age.when you file your home exemption you'd.give us.your birth date our system automatically.upgrades your exemption to 180 000.in your 61st year and 200 000 in your.71st year.so 160 180 200 those are all reflecting.basic home exemptions any combination.of that with an income exemption you're.adding 120.000 to that number so 160 plus 120 is.280.160 plus 180 is 240.wait 120 plus 180 is 300 excuse me.and 200 plus 120 is 320. so if you see.those numbers.you know there's a low income exemption.in there the.other uh.but those fall on and off that 120 will.fall on and off if they don't file for.the income exemption every year.if you see a weird number.there are several things that could be.in place we have.a safe room exemption which is forty.thousand dollars once you file for that.it's it's there for perpetuity it stays.forever.so i my 160 plus my 40 would be 200.so you wouldn't be able to tell if i'm.over 70 or if i have.i'm under 60 and have a safer museum.it's kind of confusing.i guess i could you know it's just that.if i gave you a list of the exemptions i.can't.tell you what all the combined.exemptions add up to for every scenario.do you see what i'm saying.would that be kim this is karen would.that be something that's on your.tax site now that kind of separates the.exemptions.no well it in the law it states what the.exemptions are.and then on each form it will state what.the exemption is too.all right then one more question can you.define the tax classification commercial.home use.yes it's i hate this term i really don't.like this term.but it was borrowed from maui we used.maui's.definition so here it is in six 6.4.tax rate classifications.if i live on a property and i have more.than one living unit on that property.where whether it's under my.roof or somewhere else on the property.detached.or i have more than one use on my.property.meaning i have it as my primary home and.qualify for the home exemption except.when i'm gone for three months of the.year i throw it in the rental pool.or i tdr it or i have a beauty shop.downstairs or i have a mechanics garage.out on the property or some other use.besides primary home.then i'm commercialized home use and i'm.going to get to this a little bit.further but.people are highly.uh slanted toward trying to get the.lowest.tax rate 305 but when you do the math.if you have a rental on your property.and you can.keep the low rent if you want to have a.affordable rental on your property but.if your market rent is bringing you more.enough income that you you really don't.want to go to affordable.you're only paying two dollars more per.thousand to in the commercialized home.use.categories so when i and i'll show you.some math i do i do this.constantly with people who call if my.rent.is two thousand dollars a month and the.affordable is sixteen hundred.the difference is four hundred dollars.only about.seventeen dollars of that is additional.taxes for not having the homestead rate.so it's.it's really a business decision on.everybody's part so when we get to.commercialized home use down here.okay.uses which are primary primarily.commercial or industrial.such as importing selling refining.projects do not qualify for homestead.class.okay then down here.the homestead class shall also include.parcels that have.for and been deemed a long-term.affordable rental.homestead shall mean properties which.are used exclusively as the owner's.principal residence as.except as otherwise provided in this.section which means the ltl.is uh so my other unit or my other house.is a long-term affordable.or both all my houses are long-term.affordable and i don't live there.i get homestead for that or i have a.licensed daycare.if the property has multiple actual uses.it shall be classified with the highest.tax rate unless it satisfies their.criteria for commercialized home use.okay let's go to the rules.and come up here to.where is it.here administrative rules on tax.classification.and here's a better definition for.commercialized home use.can you send me this information later.on too yeah it's on the website.commercialized home use is applicable to.parcels utilized for multiple pers.purposes one of which is the taxpayer's.principal resident as of the date of.assessment.provided that the taxpayer has a home.exemption.so if i didn't have a home exemption and.i had a beauty shop on my property.i'm commercial tax rate but if i have a.home exemption live on the property and.have a beauty shop i'm commercialized.home use.does that make sense.it does thank you very much and and the.question was prompted by we're saying a.plethora of people that are claiming to.be owner occupants and they're actually.not living on the property.in order to benefit from that exact.situation and that's that's where the.impetus for the question came from.but i appreciate your time thank you.very very much my pleasure.i mean it it's a i tell you in my 23.years with the county.we're no longer just doing values every.year we are tax.consultants it's a little bit.disconcerting.okay i have one more question can you.explain the online option to submit the.forms.okay so just to show you for instance i.monitor two.two email accounts mine and then down.here i have the real property assessment.and all of these people are submitting.to me.forms so you can submit.forms through rp assessment which is.right there on the front page of the.website.let's see on the home page.it gives you the place to write for any.tax questions and the place to write for.any assessment questions right here.it's also found here.on this i put announcements over here on.the side.right here so here's a quick link right.to our email right there.okay thank you.okay so now we're gonna go back.to slideshow okay where am i.okay so we did that let's go to the next.one.um public utilities safe room we don't.have very many safe room exemptions hey.guys.if you were going to build a lawnmower.shed or a tool shed.or any other out building on your.property.you don't have to live there.you can have a forty thousand dollar.exemption every year.if you retrofit that structure to be.designed as a hurricane shelter.and that means minimum 8x8.size independent foundation so we have.people that have.a room under their house in their garage.but it has to have an independent.foundation.an independent slab ceiling with.ventilation.and a heavy steel gauge door that swings.in.um i don't know if you guys know bobby.short but he built one on his property.in kapa'a where he.ali kawaii was going out of business so.he got split face holotyle for half.price and he manufactured his own door.and i have pictures of his to show.people as an example and that qualifies.for.a 40 000 exemption that's a safe room.i have had to turn down safe rooms where.there is a masonry walk-in closet built.into a.very nice home meant to be hidden in for.a hurricane but it didn't have an.independent slab ceiling or ventilation.and so they didn't pass and they also.didn't have a.heavy steel gauge door that door can be.removable we're not requiring it that it.sits there.all all the time so if you want to.do a master bedroom closet that way you.can put the heavy steel gauge door on.when we inspect and you can take it off.and put a regular door if you want.that's okay.okay i wanna point this out to you we.just pulled up.an assessment notice to show you how the.exemptions are now listed by type.what a lot of people fail to do is turn.that assessment notice over.on the back page of the assessment.notice every year we update this stuff.so this is the.this is what the 20 20 year back page.looks like.it shows you all the really important.dates to remember.and september 30th is.always and is still even under covid our.our deadline for filing for exemptions.october 1 is still our date of.assessment.and august 20th of the following year.so if you so if your new buyers move.here.number one they probably wouldn't.qualify for home exemption this year.i mean 2021 but they would for 2022.because they can bring us a hawaii tax.return.but they have to be in the property for.181 days.as of october 1 2020 to get a home.exemption.and the bill that will reflect that home.exemption.will not happen until.august 20th 2021.if they filed this year that's their.first bill.with the new home exemption reflected so.your buyers are going to pay.a cycle 2 bill in february of 2021 that.reflects the 2020 tax status and i'm.going to show you further how.a buyer really benefits from buying a.property that was previously held an.exemption in a homestead tax rate.cons conversely a buyer who intends to.live in a house that he bought as a.vacation rental.will still have to finish paying those.vacation rental taxes before he can get.out of.that tax class and i'll show you that.further down.okay this is that tax class survey that.i told you about.anytime you guys make a sale we're going.we send these out quarterly.so they're going to come out to the new.owner.and we require them to return it to us.and uh it's changed over the time it.used to be a lot simpler it's a lot.busier now i personally don't like it.but that's me um.whoops let's go back.um people who are going to be primary.residents and nothing else.or people who are investors who are.going to provide our community with.long-term affordable rentals and not.live in their house.or any combination of those two things.would be filling out this section here.if you have a house with an adu.downstairs or.outback or a guest house and you want to.leave it empty for your family.or you want to rent it market or you.want to tv or it.and you still live in your house you get.that.so so tv our use for our for our.purposes tdr.use does not care how much money you're.making or how little money.you're making on your tvr and we don't.care.how often your tvr inc as long as you.live on the property you're going to pay.the same rate as anybody who's doing.something else on their property.it's not related to income.if you have let's say houses in.princeville that you're selling.to investors in their market renting.them they would be filling this part out.here.and so on and so forth everything on the.right hand side.is for non-owner occupants everything on.the left hand side has.are the first two sections the left side.side has an owner occupied in there and.it's in red right there.so it's pretty clear residential.investor you can't choose residential.investor is assigned to you.if your property is over 2 million and.it's not rented long term.so that's kind of a misnomer that you.you as an owner have to check that.unless you're proud of your 2 million.dollar value or higher.that's ok ok in this form.when we do want to change out of tbr.class into something else or commercial.class.into something else we have to fill.another one of these forms out as well.and here is our criteria for change.this is not very big so let me see if i.can get you a bigger one.okay so we developed this after um.we changed the law in 2012..so if you want to change your tax.classification from tvr.you need to remove all tbr use on the.property.all signage which when you have a tvnc.planning requires that you put a sign.out front so you'd have to remove that.all advertisement web addresses.websites craigslist.all of those we check them all.we need an affidavit that's a really.important one especially for a new buyer.an affidavit indicating the last prepaid.or reserve booking of the use so for.instance.my buyer does not want a tvr but when he.bought the property as our.multiple listing service often says he.has to honor the bookings already in.place.and this is in a normal year not a.covered year.so if he has to honor bookings through.march of 2021.then he would say that in the affidavit.and he would he would effectively change.his tax class.um for 2022..okay i have a question yep um.this person asks we see people setting.up signs.outside of their homes inviting people.in for worship.does this make their home a common home.use.no and we would not pay attention to.that.the main thing is glad it's working.um come on just a second hold on just a.second.sure hey tom hi.fred is surfing and i'm in the middle of.a presentation decoy board of realtors.okay so i'm glad it's working now.okay that's my son-in-law sorry oh no.problem.yeah he just drove a nice motorcycle.okay.i have one more question here.and that was i have an owner moving into.his house that is currently being rented.long term and classified as such he's.moving.in on september 1st so can he change the.class.or he has to wait until after the 180.days.when you say he's moving in on september.1st september 1st.yeah so how long is the lease.don you want to answer and you should.unmute yourself.don so um he actually it's being rented.right now.right when does the lease end.on the first september first when he.moves in yeah so.yeah he can't yeah so he he has to work.on 2022..okay all right thank you.all right.[Music].okay so sorry that's a motorcycle in the.background.it's an italian motorcycle.um okay so.uh let's see so we need in some cases.first because some.remember this is an all-encompassing.change of of tax classification so some.people have.a used permit from the planning.department as to doing let's say a.bicycle shop.in a in a residential house um.if they want to change from commercial.to residential.they would have to um get rid of this.special use permit because it does.typically run with the land.not the owner okay.then we need proof of trans uh transient.accommodations tax license we need a.cancellation from that.we did run into a situation with.rosewood i believe where there were.several properties on different islands.under the same.license the tax the state tax department.will allow you to go in.and amend your tax license keep the.other properties that you want to.continue tv erring under that license.and simply.update the status removing the one you.want to change.and we just need to see that proof.and that's called that's what i have.here.and then a copy of your most recent g.tax filing.a new use survey.and then i just to point out should you.miss the deadline or let's say your.transaction doesn't record.until past the deadline and you want to.appeal the tax classification you can do.that.and bring us during our appeal period.between december 1 and december 31 of.every year.and you can bring in all of this.evidence that is described above.during that period but you'd have to.file an appeal.okay let's go back to the statue.okay here's our golden ticket the golden.ticket is the basic home exemption it.used to be just an exemption but now it.is so much more.um the home exemption.well does require residential income tax.filings by the way.we are getting ready to tighten this up.even further.you're going to have to be in the house.for 270 days.and you're going to have to file you're.not going to get a.a year to to give us.tax returns you're going to have to.already have filed so we're just.and that's something we're following.maui on because we just have.we had some people who bought.got the tentative home exemption.and then sold and so the new owner got.the.tax benefits of of the guy who bought.and sold.so um.it also lets the owner describe if they.rent any portion of their property.we and the number of living units on the.parcel how many dwellings and living.units and how.how often they rent and then.we do allow for those of you who work.from home.in a bedroom let's say or an office we.do allow you to enter.that you have a home office and what the.calculation is.is 25 of your total sfla.or less does not affect your home.stead classification as long as you are.not.advertising your home as your place of.business providing parking or signage on.your home as your place of business.uh let's see.we also especially when we have people.applying here.and they don't have a local address or.they have a local po box.and not a str a situs address we will.vet that and look for other exemptions.in other states.once you have the home exemption you.have a hundred and sixty hundred and.eighty two hundred thousand depending on.your age.but you also get a three percent cap.on your value and that happens in the.second year so today i applied for a.home exemption.in 2021 my value is a hundred and.thousand dollars.well let's say my in 2021 my value is.400 000.and my exemption reduces that down to.220 000.taxable value in 2022 my value cannot go.above three percent over four hundred.thousand and it cannot go below.three percent under four hundred.thousand that is a fixed.cap for everybody that has an exemption.if i add a thousand square feet to my.house after i've gotten into the cap.program.the initial four hundred thousand.dollars will be capped.and then we will add the value of my.thousand square feet for the next year's.cap basis same is true with ag.dedication if i fall in.or out of egg dedication my cap is.adjusted.the long-term affordable rental program.is now available for non-owner occupants.for additional living units and the.lowest tax class and includes.assessment cap.for the historic preservation exemption.you have to have a home exemption in.place.also for the home preservation tax.limitation you have to have a home.exemption in place for at least 10 years.and we don't have this one anymore i.should take this one out.okay here is a low income exemption.or low income tax credit whoops.sorry.see how it says program one and program.two.so what happens if you qualify down here.you're gonna get this too you're gonna.get the 120.000 and the half price solid waste fee.but what our software is going to do is.it's going to take three percent of this.and see if that tax bill is higher or.lower.than three percent of the tax bill with.all this in place.and it's going to give you the better.deal.when we did this form for this year.we had to go through the whole tax code.the federal tax code because it it got.changed.and a lot of the um.fields that were filled out that we had.set up a worksheet.based upon had changed so we had to.change our worksheet let me show you.that.[Music].here.and there is a worksheet on the home.preservation.also because the home preservation has.an income threshold so here it is.this is a worksheet to go through your.tax returns and determine what your.gross income is and we use it if you.don't.okay and so here all of these references.are after going through.the new tax code.okay the long-term affordable whoops.long-term affordable rental program if.you have a long-term affordable rental.on the property you live on.or if you have a property that you don't.live on and all of living units are.under a long-term affordable rental.you get the three percent of cap on your.value for that property and you get the.lowest tax rate.these rents have been increasing very.quickly in the last four or five years.they're based on bedroom count and.original when we originally.began this program in 2004 it backfired.on us a lot because the affordable rents.quote unquote were higher than what.landlords were already charging.so we the finance director at the time.decided to.create this extra column for paying you.to utilities or not paying utilities.recently added to this program for the.benefit of families that have.their family members living on the.property and maybe they're not getting.any rent or they're getting very little.rent.um and they have to file this form every.year well.their their family members are not going.to move away anytime soon especially if.they're not paying rent so.if you have a one to three year lease.maximum three year lease with the same.tenant.you can file this one year and not have.to refile for the next two years.we had 42 people in 2005.2012 685 and today 1484..so this is a good program it's working.the totally disabled veterans exemption.continues for a wedded.widow's spouse that's kind of the most.important thing.we had 125 of those giving out this much.value.last year kuliana.there's about nine of them.home preservation remember we talked.about this there's some criteria you.gotta get around.um you have to have the homestead rate.you can't own any other property.you have to have had a home exemption.for at least 10 years without a change.in ownership.if there are multiple dwellings on the.property each dwelling must have an.owner occupant in it.and the accessible the net taxable.assessed value has to.has to exceed 750 000 so that means.after your exemptions are applied the.value is still 750.and your income cannot be over a hundred.thousand you can see that this is.really catered and really customized for.specific owners.we have i we gave away a total of.fifty eight thousand seven hundred.ninety four dollars in taxes to these.people there's only one.two three four five six of them last.year.safe room 64 of these we have in effect.this needs an architect stamp on a plan.so we encourage people who are building.new construction if they're thinking.about doing a safe room now the best.time to do it is at the time they're.already building something else.so that the architect stamp is not an.extra 250.or 300 000 just for the safe room.oh let's see.kim okay yes this is karen yes.uh i have a question.um mike curtis you wanna jump in and ask.the question.sure.mike when you.when you're like you get a five year.dedication for homeowners something like.that.within that dedication if you change the.user or sell it.then there's a recapture of the real.property taxes.back to the original dedication because.it didn't mean it's five-year 10-year.dedication yeah.yes and let me clarify that a little bit.for you because i i know you've been.around as.long as i have if not longer we used to.have what was called a home.use dedication that went away in 1999.that home use dedication was for.properties that were zoned.commercial let's say in lahui they had.commercial zoning.and so we would have in the old days.made them pay commercial taxes.but what they did is they dedicated.their property to.home use or or their primary home for 10.years.and they couldn't sell or refi for 10.years we got rid of that in 1999.the only dedication program we have left.is the agricultural dedication program.now and those terms are 10 years or 20.years.and the problem with the agricultural.dedication program.as it's written in the law today is it's.highly restrictive.intending to give benefits only to.commercial farmers not hobby farmers and.not people who necessarily farm.all day long and provide our community.with vegetables at the markets.we're trying we've tried for 20 years to.have ag working groups.we presented a whole overhaul of the law.in 2008 to council which was shelved.and i'm tasked currently with rewriting.the ag dedication law because i want to.get rid of 10 in 20 years and i want to.get rid of roll back taxes and i want to.let anybody in.that has the evidence in the ground but.right now there's no political will to.change or overhaul it right now.so right now if you.commit yourself to farming commercially.for 10 or 20 years.first of all we're going to vet you a.lot more strictly than we have in the.past.we're going to want to see schedule f.profit and loss statements we're going.to want to know where your market is we.want to.see evidence that the land is.continuously tilled and weeded and.processed and harvested and we're going.to.put you in violation if any of that.doesn't occur.and possibly make you pay rollback taxes.plus concurrent penalties so when you.were talking about a five year.dedication.that's only halfway into what our lowest.term is ten years so let's say you're in.the fifth year of your dedication and.you want to sell.we are going to require an escrow is.going to ask for it.the buyer to prove provide us a letter.in writing.indicating they intend to continue the.use for the next five years because the.dedication runs with the land.not the owner and if the buyers should.decide they do not want to continue the.agricultural dedication use.the escrow will withhold monies they.will ask us for a.tentative rollback worksheet and they.will withhold monies from the proceeds.of the sale to pay the rollback taxes to.get the buyer.out if they want and the nasty part of.that.is the concurrent penalties so if i'm in.year five.i'm going to pay 10 i'm going to pay the.difference between the market value.taxes and the dedicated taxes.plus 10 percent in year four i'm paying.20 percent.in year three thirty percent in year.four forty percent and year one.or the first year of the dedication i'm.paying fifty percent penalty on those.difference in taxes if i'm in a twenty.year dedication and i.and i violate in year fifteen.i will pay a hundred and fifty on one of.those years of back taxes it's.really nasty um.so uh.there are there is a provision in the.law that if you are.in the ninth or 19th year of your.dedication we cannot assess those roll.back taxes you're kind of free and clear.in that last year.and that's written in the law excuse me.so we may.we could maybe help you get that.legislation.changed to be more fair to everybody.we did have an ag working group we had.went as far as having.a county attorney do a spreadsheet of.all the desired changes which i'm.working from.i've already done all the work in the.law slashing and burning it.and we are in the process of meeting now.with how we present that to council it's.not going to happen this year it's an.election year.so um i can only at the best hope that.next year we can get in front of council.okay so the question is can we help you.if we can help you let us know.thank you very much i will thanks mike.okay kim can you uh kind of wrap up.in a few minutes i'm almost done um i.don't care if you want to look at this.or not but i simply wanted to show you.what happens.when when you sell a property what.happens to that buyer's.taxes i don't know if you care about.that or not.so this is 12 examples of sale dates.okay well they're actually recordation.dates.these properties sold before the.deadline to file for.a new exemption and.these two sold after are these whoops.back back back.okay never mind i will not i'm not going.to bother with this because you want to.wrap it up so here we go.here's a math i told you about why why.pick the.homestead class versus the.commercialized home use class.well.100 000 divided by a thousand is three.hundred and five.the other is 505. the difference in this.example equates to 16.67 in taxes per.month so.if you want to know if you want a market.rent versus long-term affordable rent.your extra living units on your property.that you live on.do the math and figure out if it's worth.it to market rent it.um same thing with tv most tbrs.they're already not paying 9.85 they're.paying this.because they live on the property so.they're already okay with this.with this rate so and this.this powerpoint can be made available so.i can finish up.okay that's my last slide i think.oh i got one more.oh there's the tax rates of all the.counties and all the exemptions.and here's our information to get a hold.of us and i am done.okay friend mcdonald you had a question.i meet yourself yes um i have a property.uh listed for sale that.um it appears to have been.classified in the wrong.zoning from 2005 to 2012..it's um zoned r10 it's a.vacant lot in kalaheo and.from 2005 to 2012 and this was the same.situation with the other property the.family owned.it was zoned vacation rental and hotel.resort.and they actually we didn't yeah i'll.just interrupt you for a second.we didn't have the vacation rental class.until 2013. so what you're talking about.is they had an apartment.zoning class because of the r10 zoning.okay i'm looking at the your site at the.yeah they don't they don't show the old.they don't show the old classification.no it's.it says vacation rental or hotel resort.yeah and it didn't exist in 2012.2005 through 2012 did there was no such.thing as a vacation rental so.what you're referring to is apartment.class yes our tan would be.the zoning would be apartment we did.used to tax.on zoning so in 2005-2012 if they were.applying the apartment zoning to that.vacant lot that was correct.in 2013 and 14 we.had to amend the law so that vacant.properties zoned.r10 could now be classified as.residential so they should have a.residential class.now they do thank you okay okay.thank you for clarifying that i didn't.know whether that was something they.needed to.bring to your attention that but it was.no no i appreciate that and i would like.to have the webmaster.fix the tax class for the years that.that didn't exist but.it's a little like pulling teeth i'll.try.thank you for clarifying that anybody.else have questions for.kim i mean god can we could stay here.for a whole day just listening to the.different.class classes and rates and.uses i'm retiring in march i'm retiring.march 2022..i'll take advantage of it.i can't wait.um okay um you can stay on.and now you can close your computer.and andrew nguyen is our next speaker he.is with the hawaii association of.realtors he's going to give us an.update on standard forms and also.on the legal kokua hotline.so andrew you want to yeah hi karen um.it's not letting me share my screen.it's not okay wait let me find you.i have one i'm doing video one and one.i'm not and the one that i'm not doing.video on is the one i'm gonna.share the screen from okay so which one.is that you're on two.i'm on the same account but twice okay.because i only show you one time in here.so no karen he has two.where is he the other one okay should i.make your other one up co-host too.okay there you go okay.technology people.good afternoon everyone thank you for.having me i promise.i will not have nearly as many numbers.as kim just had.i am um i didn't get into the law to.talk about numbers.um so i am the hawaii association of.realtors legal counsel i do run the.legal cocoa line which is.legal information for principal brokers.and brokers in charge.so if you have a question on a legal.topic you can give me a call.i'll have the number at the end of the.this presentation.um but i don't give legal advice so you.can't call me and say hey.andrew i i need help doing.x y and z can you walk me through the.exact steps if you call and say.hey andrew i'm having an issue with a.tenant right now i can give you some of.the basic.landlord tenant code the guidelines.what's going on.but not so much in terms of walking you.through or.are i've been asked to represent people.in court too i i don't do that.so i'm going to go through and kind of.talk about the most frequently asked.questions that i've been getting.it's just this is a little covet.specific.but there are topics that are non-coded.as well.so just starting right off with covid um.the big issue has been property.management.i think this is pretty universal across.the whole state.and obviously the big issue is the.eviction moratorium.it was just extended at the end towards.the end of last week.um to go until the end of august.so no addictions for non-payment of.rents can happen until.potentially september 1. we don't know i.don't know personally if it's going to.be extended beyond that.i don't think the the governor has.really given any indications one way or.the other.related to these the eviction moratorium.is the emergency proclamation so under.the emergency proclamation which is a.hawaii revised statutes 127a.and then the part that covers rentals is.127a-30.if you're look if you're in a.month-to-month tenancy it cannot be.terminated right now by the landlord.for any reason so if i was renting a.place from.from julian and i was i was on a.month-to-month lease.and julian wants me out for whatever.reason he cannot terminate that.month-to-month agreement.so if you guys have leases right now.that are fixed terms so it's a year.long it's supposed to end at july 31 and.it's.it it would convert to a month to month.after that you may want to figure out.if you're going to end that lease on.july 31 you can sign a new fixed release.then.because the fixed term leases can end.but the month-to-month tenancies cannot.be ended by the landlord right now.on the other hand if they're paying.around they're having having no issues.you're happy to let them go month to.month that's obviously um.up to your discretion and that's what.you guys do.um and then and.i'll let me actually i'll take that i do.there are two exceptions to ending.month-to-month tenancies and the first.exemption is.if this property sells and i get a lot.of calls about this.they say hey i'm about to put this.property on the market there are tenants.in place.and we want to um we want to get them.out we want to fix a few things up or.we just want to show the place without.tenants it's a lot of hassle to give.that 48 hours notice.um but the the way the law works is.you can get the tenant removed but only.once the sale is completed.and it's 45 days notice once the sale is.completed.the other exemption exemption exception.is um if the land the owner.or an immediate family member member.will be moving into the property so.say it's someone from the mainland they.own a property out on kauai.they decide to move back to kauai.because they're trying to escape all the.crazy cases out there.and obviously they need a place to.quarantine then they can get the tenant.out and again it would be a 45 days.notice.um and i did want to say if you guys.have questions you can put in the chat.if you don't.want people to know who that you ask the.question you can message it privately to.either karen or me and we won't reveal.we set the question you're also welcome.to call me.um after this presentation's over.so transaction side other than the.property management side.can you show the property with tenants.in place and this is a very common.question and.the emergency proclamation didn't change.any of the rules in terms of the 48.hours notice.and all these other kinds of the usual.way of doing business and showing a.place but.i do think we have to be really.considerate of these tenants if you're.bringing in people and and i know that.no one's doing this.but if you're bringing if you imagine an.open house or you're bringing in.constant stream of people.the tenants have a right to be afraid of.kobe being introduced so they're.home if there's elderly people you know.compromised people living in the home.they have a right to be concerned so i.think you really have to work with the.tenants and figure out.a good compromise with them maybe you.you can schedule them all in one day and.you'll get a cleaning crew to come in.afterwards or or something along those.lines i i don't know what the right.solution is it depends on every single.tenant depends on every owner and it.depends on.what the realtors involved can offer.both sides.um and then we for four transactions we.did make the cobit amendment.slash addendum and that's designed for.the actual transactions um we made it.back in march i think it's.maybe i i'm not going to say moot at.this point but.i think we have a better idea of how.business is going to move forward now.in the current and postcoded world in.terms of.business having closed as much as we.thought.government offices haven't closed as.much as we thought we when we made the.form.we had a big concern that the bureau of.conveyances were.going to close or at the very least.become significantly slower.and things weren't going to be able to.record properly.or on time that hasn't seemed to happen.unless things get worse much much worse.i don't foresee that happening anytime.soon.so it's still helpful i think if.it's at least brought into some of the.deals or people can look at it to know.that.that it does exist and if something.comes up later down the line obviously.you can.use it in later um i would i have heard.and you guys can.put it in the chat or or we can talk.about it later.i've heard on the neighbor islands more.so than oahu.appraisers have been having issues.coming out and praising the property.it's either taking a lot longer or some.of the appraisals have been um.out of whack the numbers aren't aren't.what people are expecting.um i'd be happy to hear more about that.because obviously.appraising appraisal issues do affect.the contract.so it's something that i would like to.be aware of and then vacation rentals.obviously when all of the shelter in.place happens all of the vacation.rentals were shut down statewide.that's just changed a little bit and.being more.allowed by the different county mayors.rather than at a statewide level but.at tbd and with the mandatory quarantine.in place not many visitors are.visiting anyways um so.that's enough about covid for now um if.you guys have more code questions we can.talk about that later but.i've definitely been talking covid for.the last four months more way more than.enough.um so the usual issues that come up um.disclosure.so the seller's real property disclosure.statement.you have to give the condo dogs we've.heard of a lot of people having issues.with associations.and getting these documents they're.either.a lot of associations now are moving to.these third-party websites where.you you you deal with them entirely and.then you go on you pay a bunch of money.the.buyer or the seller pays as much money.to get these forms and they turn out to.be.out of date then you then you have to go.to the association anyways.we're we're i'm always trying to figure.out a better way of.working with them i i have reached out.to a lot of the big property the.condominium condominium um.association management companies like.associate hawaiiana.you're kind of talking with them to see.if there's anything we can do to make it.a little bit easier it's also the.property condition.um property project information form.that we have as a standard form.kind of working with them to see what.happens um.to make it a little easier for our.members to help their clients out.and then one of the big things that.happens.i think right now too with kobit if.these.contract lengths are a lot longer these.escrow periods are longer.there's more opportunity for the condo.docks to change during that escrow.period.and how do you make sure that the the.seller gets them and distributes them.out to the buyer.because anytime there's a change that's.a material it's potentially a material.fact.that does give the buyer the ability to.rescind the contract if they don't like.what was changed if assessments are.going off.if they're they're going to do a new.major repair on something that they were.that they wanted when they were to have.available when they moved in.so it is very important to make sure you.get.changes in condo docks to the buyer on a.very prompt basis.but i understand that these associations.have also been a lot more difficult.um and it's funny because these.associations were also able to.you know put in new rules immediately.when kobit came around but.i i'm not gonna express my opinion too.much more on these condo associations.um so the next issue that really comes.up with these disclosures.is it's when the buyer goes ahead and.gets the inspection report.they go they pay some money to get the.inspection report the inspection.report says 50 things are wrong with the.property and some of them are big issues.some of them are small issues some of.them are you know.there's some paint scuffs in one of the.bedrooms and then there's others where.the roof has a leak or the plumbing's.really clogged.there's different issues right there's.the entire spectrum of.minor issues and big issues so.the the buyer comes and says hey seller.you need to fix all of these things well.once the seller becomes aware of.items that are the word is inconsistent.with the seller's real property.disclosure statement that they already.gave.they wire by statutes 5080 says the.seller.shall give the buyer an amended.disclosure statement.so if you had said in your if the seller.has said in their srpds that the.the roof is in perfect condition it's.brand new there's zero issues with the.the inspector goes through everyone.finds that there's a major leak in the.roof.the seller and or and maybe maybe it's.not even the.home inspector found it maybe the seller.went by the house noticeably.the seller has a duty now to disclose.that that change.to the buyer and it is.it is a shell so the seller does have to.do it but there's another good.benefit to doing it it's that the.the amended disclosure statement also.we could have a different and easier.timeline a shorter timeline on how long.the buyer can rescind.versus when the buyer finds out so i.i'll talk about that in a little bit.but and then of course for our members.if you guys know that there's something.inconsistent.or contradictory to the esther pds so.let's say the roof example the seller.as far as the seller's aware the roof is.in perfect condition.you go by when when the buyer comes to.check out the place and you notice that.there's a leak in the roof.well now you have a duty.to disclose that um there are is.there are times where it's a shall and.it's in may we can get into that a.little bit later.but just keep that in mind that if you.do find something out that's.inconsistent with the s or pds.you should be you know talking to your.seller alerting your seller and if your.seller's not willing to disclose it.you may need to disclose it to the buyer.or at least.make someone aware of it or because it.could come back to bite you in the butt.so these are not disclosure issues.anymore.i get a lot of questions about.acceptance date and i i don't understand.in some ways how this is still an issue.in today's world with you know.electronic signatures and.email but i get a lot of calls where.they say hey.um the the other side signed the.contract yesterday but i just got it.today.when is acceptance date well.acceptance date is when the other party.actually knows if i make an offer to buy.your home.and you say yes in your head or you say.yes very quietly to yourself i didn't.know that you actually accepted.my offer so both sides have to be you.know.both sides have to agree and they have.to let the other party know.so the contract isn't actually accepted.until the other party knows.and like i said i don't in some ways i.don't understand how this is still is an.issue with docusigning but some of the.calls do come about because it's either.significantly elderly.clients or they're out of the country or.in different places that do make it a.little bit more difficult so.i'm not saying that i don't understand.it at all but um.it does seem like it would be less of an.issue nowadays with all of the.digital signing um this was in the real.estate bulletin.is the most recent one about paying.commissions to agents.and since these are all pbs bics.for my understanding the.payment to the agent has to go to the.agent directly.it has to go to the licensed agent if.you're paying commissions to anyone.other than a licensed.agent um you're paying someone who's not.licensed to do real estate work.so if they set up an escort because.their accountant told them hey.you can save a bunch of money on taxes.if you get if you get your payments to.an escort.um they may be that's you know from the.agent's perspective that's right they.will be saving a lot of money.from the brokers perspective they have a.duty to only pay it to the licensed.agent and escorts can't be licensed as.real estate agents.um so make sure i've gotten a few calls.once that real estate bulletin came out.they said hey.is this right and i said yeah that you.know the people who called said oh man.i'm gonna have to completely change my.billing situation.um and the way they pay out their.commission so.so keep that in mind kind of um take a.look at how you're handling your.payments of commissions out.related to that and i have gotten a few.calls about this i think with the.the downturn um kind of nationwide.on real estate um a lot of referral fees.from the mainland right now.um those were referral fees can be paid.if they're licensed in another state if.they're not licensed.then they cannot get a referral fee so.if they're licensed in california.washington nevada utah.you can pay them but if they're not.licensed they let their license lapse.but they have a former client who's.moving to hawaii.you can't pay them they're not licensed.anymore.then a common question that i think.we're going to have to revisit.when the next time we revisit the.purchase contract.um is e3 it goes with the inclusions and.it talks specifically about.least solar systems it also goes into.alarm systems well let's let's keep it.to solar for right now.um that section is just for the least.the non-owned.systems so whether that's a lease.for the actual panels is it a power.purchase agreement.i understand there's a few other.variations.that's when e3 applies because that's.where you're transferring the.the lease to someone new to the new.buyer.if it's an own system there there's.presumably no.you know potential for liens or other.issues like that onto the property.so so that's the difference make sure.when you're when you're taking a look at.that.that you're only using that for the.lease systems.if you want additional documents for an.own system you can request that.you can make a special term from that or.um.under the disclosure law they do have to.disclose their the last.three power bills so you can see some.more information from there.or the buyer can see some information in.there in terms of what the power bill is.more realistically with the solar system.um and then this is the the number one.question i get is the.the broker signature on page 14. i've.talked about it before.um there's three main purposes for that.signature block on page 14 for the.reviewing broker.um the number one reason is for.if the offer is being rejected and the.the person receiving the offer so.typically the seller in this situation.is refusing to sign in so i buyer make.an offer.to to seller and say the mark the.property is two million dollars i make.an offer for a million dollars.and the seller's just going to flatly.reject it you know so that's that's.ridiculous i don't even want to see that.offer.well they're they're clearly rejecting.it but they're not signing off or.they're not indicating that rejection on.the form on which the offer is made.so the broker has to do so in the place.that's what the hawaii administrative.rule says.so the broker has to go check off that.the offer is rejected and then.sign off saying that the broker was the.one to reject the offer.not the actual seller in that case um.other people we know have been using it.for kind of a supervision of new agents.and there's other brokerage firms where.they're very small.the broker is reviewing every single.contract that comes before them so.they have no issue signing off on it so.it's really a tool.if it's not being used for the rejection.it's just a tool for the brokerage firm.to.to do what they'd like with it so kind.of company policy.and then i talked about this briefly.with the on the disclosure side in terms.of i4.where if you find where the seller finds.out new information.they need to release an amended.disclosure statement and so in that.amended disclosure statement.i'll take a step back when you give a.disclosure statement.typically the buyer has 15 days to.review it.and which time they can rescind well if.you put in a different timeline instead.of 15 days if you put in seven days.three days you can also make that apply.to amend a disclosure statement so the.same thing applies now for amended.disclosure statement say the buyer finds.out something.they say hey there's a leak in the roof.they tell the seller the seller gives an.amended disclosure statement.well there's 15 days from when the buyer.discovered that they could rescind but.now if you give an amended disclosure.statement.they could have three days five days.seven days.it limits the time that they have to.rescind so it gives a little bit more.certainty for the seller.so and like i said the seller shall.give an amended disclosure statement it.is a requirement that they have to.give it um i know it's a confusing thing.we don't we put it in the law.we put it in the form following the law.as much as possible we didn't write the.law.it is confusing um.and going back to the landlord ten.issues that are non-cova related.i i don't i don't know how big of an.issue this has been on.why it's been an issue here on oahu at a.pretty big extent.medical marijuana in buildings so.the condo associations were set up with.a cigarette smoking ban.up through the 80s 90s early 2000s and.then.you know recently when medical marijuana.became a lot legal.um people were smoking medical marijuana.within their within their.homes and an associate in a condo people.complained and they said well you know.it's.it's a prescription medical prescription.you have to.give me a reasonable accommodation under.the americans with disabilities act.and so associations instead said hey.rather than just banning cigarette.smoking we're going to ban smoking of.all kinds.to kind of get around this and so.they're saying now that.instead of smoking you you have to.consume the medical marijuana in a.different way.um i don't know how this is going to.play out these changes that have been.happening for the smoking ban the.fall smoking bans rather than a.cigarette smoking ban.um is going to.it's happened within the last five years.i don't know that it's been challenged.necessarily so i think that's something.we'll have to keep an eye on moving.forward the other big topic i get.are assistance animals i get calls.saying how do i.how do i verify that this is an.assistance animal either.a emotional support animal or a service.animal.so that again falls under the americans.with disabilities act for the service.animal.if the disability is readily apparent if.they're blind if they have mobility.issues it's.pretty plain that they have a disability.that they need the service animal for.you can't ask for proof you can't be.like i need proof that you're.that you're missing your legs or.something along those lines if it's a.parent you don't.you can't ask for that but for the.emotional support animal you can't ask.for a letter from a medical provider so.it's a doctor.psychiatrist psychologist and licensed.clinical social worker.so they can give you a letter saying.they need this emotional support animal.for x.y or z reason um and.you generally have to allow them they.they have to be allowed.under a reasonable combination so even.if the building's pet free they have to.be allowed.there are some a few nuances to it if.the animal.is a danger to property.other or other people um then you could.say.that specific animal we're not gonna.allow it in the in the property anymore.if it's um.if it's been fighting people or other or.other animals.or it's been causing significant damage.to the property then.that's when you can ban a specific.animal but then that person could.then potentially get a new assistance.animal that would replace that one.um i like to bring this one up when i.talk to pbs vic's.um personal transactions so i know.pretty much everyone understands that.when one of your agents goes out.and is buying or selling a property you.you're supervising that person because.they're they're a licensed real estate.agent.you're their supervising broker you have.to review.their activities when they're.renting out their property you have to.supervise the way that they're.acting as a landlord they when they get.money coming in it should be going.through your client trust account.when talking with the real estate.commission more.a separate issue came up but this ended.up being an.ancillary issue to it was um.one of a real estate agent was renting.as a tenant.caused a bunch of trouble and they were.reported to the dcca.and their that agents broker was asked.hey did you review.their lease when they signed up to be a.tenant and the broker said.no why would i do that i never reviewed.the leases that my agent signed as.tenants.um the real estate commission says well.that's a real estate activity.you need to be reviewing those you're.supervising your agents.um i i don't know.what to really say about that and i.think there.are some brokerage firms out there that.have hundreds of agents i don't think.there's any on kauai that are quite that.big but there are some here on oahu that.are that big and.i can't foresee how one broker or you.know even brokers in charge could.supervise every single agent's.lease and make sure that they're.following every little rule.and all these issues so something to.keep in mind something at least to be.aware of so that if something does.happen with one of your agents you're.aware that.this could become an issue um.[Music].but i i i don't know i don't know what's.going to happen with that.um yep.i have a question um and this came from.hannah.it says now that we have an amendment.form thank you.which requires a broker signature why.would not require a broker signature on.an addendum.does it require a broker signature or.not.the amendment and addendum form have the.the the broker signature on the top like.almost all of our forms do now.um so those are for the drafting side.so the the purchase contract for page 14.is for the the reviewing broker the.non-drafting.broker so if the buyer makes an offer on.the purchase contract.the buyer's broker is signing off on the.page one on the very top.and then on page 14 the receiving broker.is the one who would sign off if it's.being rejected.or if it's you know they're reviewing it.anyways so for the amendment and the.addendum forms.the the broker signatures for the.drafting broker side.hannah did that answer your question.okay um not really.so so andrew what we find.sometimes when we're contracting is that.we add forms as the.contract moves through escrow and so.the amendment form definitely needs.a signature the addendum form does not.so i'm just trying to figure out why.would we have it on one.and not the other because you can still.add things while you're.in escrow and you can amend things while.you're in escrow but we're only.requiring a signature on one.well i would also say that let me let me.pull them up to verify.to confirm kind of what you're saying.but the.there is a difference too in terms of.the addendum.um okay i see what you mean about.addendum and amendment.um the one of the.issues i can and i'll have to talk to.the standard forms committee that was.kind of made as i was joining the.organization so.i wasn't that involved in the creation.of those who formed specifically.but um the addendum's being made signed.at the time of the contract so if the.purchase contract the.the rental agreement whatever form it is.that's being signed the addendum should.be being used at the same time.as that other form and so presumably if.the purchase contract has.an addendum to it that reviewing both.brokers.you know the the drafting broker should.be reviewing both the purchase contract.and the addendum at the same time i.think it's something that.we can talk about at the standard forms.community level if that should be added.on.um that that drafting broker signature.but then the amendment.is something that's being done.afterwards so if the purchase contract's.already signed you're all reading escrow.you're moving along.and then the amendment happens well this.is something brand new that's being.created so the.the drafting broker should be taking a.look at it versus an addendum that's.that was made at the same time.as the rest of the contract or the rest.of the the forms that were being created.that may have been the intent of the.committee i'll talk with them.the next time we meet and bring that up.does that.maybe address it hannah yeah and i.definitely.see your point it's just when we're.practicing.real estate there are times where the.addendum.is used while the parties have been in.esro.so agents are in certain cases.using the addendum post-entering.escrow so it's a new document.okay yeah andrew this is richie.richardson.um the purchase contract has a section.in it where you have to list.your agenda you itemize them.and you can't append.an addenda without also.changing the contract.is that making sense so you have to list.all of your agenda at the time you.draft it an amendment to the contract.and i think this is what you said comes.after.we have a contract in place we are now.changing the terms.after it's done so that we're amending.it.that's what that's doing.that's my interpretation of it.correct but i think i understand both.what you're saying richie as well as.what hannah's saying.um and this may require more education.on on hir's part on hawaii's part you.know everyone's part.to make sure agents understand the.difference between an amendment and an.addendum.um that they that make sure that they're.being used appropriately and but.in the event that hannah brings up if.they are being used as the agenda is.being used inappropriately.maybe we should just put on that line.just as a safeguard too.um so i can like i said i can talk to.with the standard forms committee.about that.thank you thank you um.so the november release we we only have.one form.at this time i'm not making any promises.but um.we do have one form for sure we we made.changes to the rental agreement um.it was originally supposed to come out.in may but then covet.and so we decided not to uh burden all.of the property managers who are already.having really tough time with everything.going on by saying hey guys in addition.to all these new things you have to.learn and this eviction moratorium.here's also a new form that you guys.have to figure out and make sure you.guys know how it works so we held off.until november.uh so there's going to be a new rental.agreement um it's not a major change.there's just a few tweaks that.our property management people on the.standard forms committee.um wanted to make kind of to make things.easier for them.but like i said no no significant.changes we're not.we didn't throw everything out and.create something new.um we are currently working on the.seller's real property disclosure.statement.um we're we're trying to make it easier.we're trying to.go through and look at some of the.questions that people have been having.issues with over the years i get a lot i.get a lot of calls.from agents and brokers saying hey so.what is this.air compatibility use thing.um that one unfortunately is just taken.from the law so we can't change that one.but we've been.we've been working through to make the.contract a little bit easier.for your clients to fill out the.the other big form we've been working on.is dual agency consent form.and there there's some rumblings going.around about some bigger changes in dual.agency that that may or may not happen.um and we just got approval today so.today.hannah was there karen was there we had.a julian was there we had a board of.directors meeting for the white.association of realtors um.and we got approval from the board of.directors to create a new.an additional covet 19 form so this.would be.not like the one we have right now where.it's used during a transfer transaction.this is.we're thinking at this time and i can't.make any promises on it.more of a disclaimer for during showings.um both on the the transaction side and.the property management side.just putting some guidelines in terms of.what whatever best practices we've been.looking at other forms throughout the.country.and throughout hawaii and seeing what.other people are doing.i know a lot of the smaller brokerage.firms probably haven't had the time.energy or money to go out and make these.new kind of kinds of forms um.so any other questions my uh my phone.number is there is listed there.um you guys are welcome to call and i'm.not in the office.where we're still working from home but.uh that number still.does bring to us.thank you andrew uh anybody has.questions for andrew or for.kim if not i have asked.kim if we could have her again a little.later on.in the year and she's going to be doing.presentations more tailored to.categories like rental properties.or agriculture so condensing it so that.we can get a really.good understanding of what's going on.any questions or concerns anything.andrew i got a quick reminder this might.curtis.the other day we had a class we were.talking about dual agency dual agency.disclosures.and then there was the need for multiple.dual agencies where you have several.agents in the same office.with similar listings and several agents.in the same office.with potential buyers for like three.condominium units.so they're for multi multiple standard.forms.multiple um dual agents.in the same office just as.input.okay thank you mike anybody else have.questions for.either kim or andrew or myself for that.matter.okay well if not thank you.um we'll be having our general.membership meeting on august 11th.our speaker is going to be chip fletcher.and he is going to be speaking on.climate change.we are going to introduce the county.people so kim you're welcome to.participate if you want to or not.uh andrew you are welcome to participate.too if you want to learn more about i.like trip a lot he's a good guy.okay so um.thank you everybody time to.go off and sign off and i'll let you.guys know if we have anything more.this has been recorded so we will be.posting it.up for your input at any time.thank you thank you andrew thank you.you.

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Bfs Rp P 41e Final 2017 06 09 Approved Disapproved For Webpostingdoc FAQs

Here are some frequently asked questions along with their answers to clear up the doubts that you might have.

Need help? Contact support

How do I get homeowners exemption?

I’ve never heard of such an exemption. Some states freeze the property tax amount for seniors. Or cap the amount it can be raised. And yes, call your country tax department and see what programs are available for seniors in regards to their property fees and taxes. You will probably need to register with them to enroll in any senior programs that they have. Don’t assume that they will do this automatically.

Do you have to be Hawaiian to own property in Hawaii?

Why isnt Spam in restaurants in Hawaii as a menu item? There are similar sized canned luncheon meats on the shelves. There are many flavors and sodium variations and sizes and boxed. There is Spam pate. In South Korea and Minnesota it is a revered food more so than Hawaii. In Hawaii it is just a low staple or default food. In contrast, you should see how expensive Spam t-shirts with no pockets are in Hawaii. Spam is a do it yourself multi meat pressed sandwich filler.

How do you qualify for homestead in Hawaii?

To qualify, a home must meet the definition of a residence homestead. The home's owner must be an individual (for example: not a corporation or other business entity) and use the home as his or her principal residence on Jan. 1 of the tax year. An age 65 or older or disabled exemption is effective as of Jan 1 of the tax year..

What is Hawaii home exemption?

If in the US, do you mean a home loan interest limitation? If it is, you have up to 1 million for your first and second mortgages- which includes your 2nd home and 3rd homes-NOT rentals. There is a separate or worksheet form from the typical 1040 schedule A

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