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Aloha-

As most of you know the HBR AOAO has been faced with various issues and complaints involving the Resort’s parking brought by the operator of the Happy Talk/BaIi Hai Restaurant (HT) and the owners of 16A. One such issue, which has been ongoing, involved an action whereby the operator of the HT filed a Petition for Declaratory Order Regarding Noncompliance and, in the Alternative, Petition to Revoke and/or Modify Variance Application Permit V-72-11 (Petition) with the County of Kauai’s Planning Commission regarding the Resort’s parking and use of lockouts. Prior to the hearing on the Petition, the Association reached an agreement with the County of Kauai’s Planning Department to bring the Resort’s parking plan into compliance with the Resort’s original 1973 parking plan and is now in the process of making the physical modifications to our Resort to comply with the County’s Compliance Plan and Remediation Agreement.  

I am very pleased to report that on Tuesday, December 10, 2019, oral presentations, including the County’s Planning Director, were heard from all parties and that the end result was that the Planning Commission adopted the Planning Department’s recommendation to reject the Petition filed by the operator of the HT and to adopt the agreed upon remediation plan between the Planning Department and the HBR AOAO. The Planning Director also made it clear that the parking issue and use of lockouts had already been addressed in our previous arbitration, was a private matter and should not come back before the Planning Department.

So, what does this mean?

- It means we have 90 days to complete all agreed upon modifications to bring our parking plan into compliance. Once the modifications are complete and the County Planning Department has signed off we have met full compliance, we can put our parking gates down. This will allow the Resort to better provide for the security and control of our Resort common area for the benefit of all our owners, guests and visitors. George Costa, our General Manager, has been working to get the necessary work scheduled and performed to meet compliance as soon as possible.

-Owners may begin renting lockouts/lock offs immediately, however, the agreement is clear that each unit have no more than one kitchen, which means no cooking devices in the lockout. We will be required to work with the County regarding any noncompliance of owners.

This has been an arduous process. I want to thank George Costa for all of the boots on the ground hard work he put into working with the County and our legal counsel. I would also like to thank Ian Jung, Esq., and other members of our legal team as well as GPR staff and my fellow Board members for helping to navigate this process and come to the positive resolution for the Resort and Association.

On behalf of the HBR AOAO Board of Directors, our Resort Management team and staff, I would like to wish everyone a very Merry Christmas and the best for 2020!

Regards, 

Geoff King, President

Hanalei Bay Resort AOAO
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