reglab/housing_qa huggingface dataset:
HI Rev Stat § 514B-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-4 Separate titles and taxation.

 §514B-4 Separate titles and taxation. (a) Each unit that has been created, together with its appurtenant interest in the common elements, constitutes, for all purposes, a separate parcel of real estate.  (b) If there is any unit owner other than a developer, each unit shall be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements. The laws relating to home exemptions from state property taxes are applicable to individual units, which shall have the benefit of home exemption in those cases where the owner of a single-family dwelling would qualify. Property taxes assessed by the State or any county shall be assessed and collected on the individual units and not on the property as a whole. Without limitation of the foregoing, each unit and its appurtenant common interest shall be deemed to be a "parcel" and shall be subject to separate assessment and taxation for all types of taxes authorized by law, including, but not limited to, special assessments.  (c) If there is no unit owner other than a developer, the real estate comprising the condominium may be taxed and assessed in any manner provided by law. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-5 Conformance with county land use laws.

 §514B-5 Conformance with county land use laws. Any condominium property regime established under this chapter shall conform to the existing underlying county zoning for the property and all applicable county permitting requirements adopted by the county in which the property is located, including any supplemental rules adopted by the county, pursuant to section 514B-6, to ensure the conformance of condominium property regimes to the purposes and provisions of county zoning and development ordinances and chapter 205, including section 205-4.6 where applicable. In the case of a property which includes one or more existing structures being converted to condominium status, the condominium property regime shall comply with section 514B-32(a)(13) or 514B-84(a). [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2014, c 49, §3]
HI Rev Stat § 514B-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-6 Supplemental county rules governing a condominium property regime.

  §514B-6 Supplemental county rules governing a condominium property regime. No later than July 1, 2022, the counties shall adopt supplemental rules governing condominium property regimes, including agricultural lands that are held in condominium property regimes, established under this chapter in order to implement this program; provided that any of the supplemental rules adopted shall not conflict with this chapter or with any of the rules adopted by the commission to implement this chapter. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2019, c 278, §4]
HI Rev Stat § 514B-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-7 Construction against implicit repeal.

 §514B-7 Construction against implicit repeal. This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-8 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-8 Severability.

 §514B-8 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-9 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-9 Obligation of good faith.

 §514B-9 Obligation of good faith. Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-10 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-10 Remedies to be liberally administered.

 §514B-10 Remedies to be liberally administered. (a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Punitive damages may not be awarded, however, except as specifically provided in this chapter or by other rule of law.  (b) Any deed, declaration, bylaw, or condominium map shall be liberally construed to facilitate the operation of the condominium property regime.  (c) Any right or obligation declared by this chapter is enforceable by judicial proceeding. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §4]
HI Rev Stat § 514B-21 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-21 Applicability.

 §514B-21 Applicability. (a) This chapter applies to all condominiums created within this State; provided that such application shall not invalidate existing provisions of the declaration, bylaws, condominium map, or other constituent documents of those condominiums if to do so would invalidate the reserved rights of a developer. Amendments to this chapter apply to all condominiums, regardless of when the amendment is adopted.  (b) For purposes of interpreting this chapter, the terms "condominium property regime" and "horizontal property regime" shall be deemed to correspond to the term "condominium"; the term "apartment" shall be deemed to correspond to the term "unit"; the term "apartment owner" shall be deemed to correspond to the term "unit owner"; and the term "association of apartment owners" shall be deemed to correspond to the term "association". [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2017, c 181, §3]
HI Rev Stat § 514B-22 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-22 REPEALED.

 §514B-22 REPEALED. L 2017, c 181, § §4, 47.
HI Rev Stat § 514B-23 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-23 Amendments to governing instruments.

 §514B-23 Amendments to governing instruments. (a) The declaration, bylaws, condominium map, or other constituent documents of any condominium created before July 1, 2006 may be amended to achieve any result permitted by this chapter, regardless of what applicable law provided before July 1, 2006.  (b) An amendment to the declaration, bylaws, condominium map or other constituent documents authorized by this section may be adopted by the vote or written consent of a majority of the unit owners; provided that any amendment adopted pursuant to this section shall not invalidate the reserved rights of a developer. If an amendment grants to any person any rights, powers, or privileges permitted by this chapter, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §6; am L 2014, c 189, §3] Revision Note  "July 1, 2006" substituted for "the effective date of this chapter".
HI Rev Stat § 514B-31 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-31 Creation.

Note Part heading amended by L 2005, c 93, pt of §2. §514B-31 Creation.  (a)  To create a condominium property regime, all of the owners of the fee simple interest in land shall execute and record a declaration submitting the land to the condominium property regime. Upon recordation of the master deed together with a declaration, the condominium property regime shall be deemed created.  (b) The condominium property regime shall be subject to any right, title, or interest existing when the declaration is recorded if the person who owns the right, title, or interest does not execute or join in the declaration or otherwise subordinate the right, title, or interest. A person with any other right, title, or interest in the land may subordinate that person's interest to the condominium property regime by executing the declaration, or by executing and recording a document joining in or subordinating to the declaration. [L 2005, c 93, pt of §2]
HI Rev Stat § 514B-33 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-33 Condominium map.

 §514B-33 Condominium map. (a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following:  (1) A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property regime, and depicting access for the units to a public road or to a common element leading to a public road;  (2) Elevations and floor plans of all buildings in the condominium property regime;  (3) The layout, location, boundaries, unit numbers, and dimensions of the units;  (4) To the extent that there is parking in the condominium property regime, a parking plan for the regime, showing the location, layout, and stall numbers of all parking stalls included in the condominium property regime;  (5) Unless specifically described in the declaration, the layout, location, and numbers or other identifying information of the limited common elements, if any; and  (6) A description in sufficient detail, as may be determined by the commission, to identify any land area that constitutes a limited common element.  (b) The condominium map may contain any additional information that is not inconsistent with this chapter. [L 2005, c 93, pt of §2; am L 2006, c 273, §8]
HI Rev Stat § 514B-34 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-34 Condominium map; certification of architect, engineer, or surveyor.

 §514B-34 Condominium map; certification of architect, engineer, or surveyor. (a) The condominium map shall bear the statement of a licensed architect, engineer, or surveyor certifying that the condominium map is consistent with the plans of the condominium's building or buildings filed or to be filed with the government official having jurisdiction over the issuance of permits for the construction of buildings in the county in which the condominium property regime is located. If the building or buildings have been built at the time the condominium map is recorded, the certification shall state that, to the best of the architect's, engineer's, or surveyor's knowledge, the condominium map depicts the layout, location, dimensions, and numbers of the units substantially as built. If the building or buildings, or portions thereof, have not been built at the time the condominium map is recorded, within thirty days from the completion of construction, the developer shall execute and record an amendment to the declaration accompanied by a certification of a licensed architect, engineer, or surveyor certifying that the condominium map previously recorded, as amended by the revised pages filed with the amendment, if any, fully and accurately depicts the layout, location, boundaries, dimensions, and numbers of the units substantially as built.  (b) If the condominium property regime is a conversion and the government official having jurisdiction over the issuance of permits for the construction of buildings in the county in which the condominium property regime is located is unable to locate the original permitted construction plans, the certification need only state that the condominium map depicts the layout, location, boundaries, dimensions, and numbers of the units substantially as built. If there are no buildings, no certification shall be required. [L 2005, c 93, pt of §2; am L 2006, c 273, §9]
HI Rev Stat § 514B-35 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-35 Unit boundaries.

 §514B-35 Unit boundaries. Except as provided by the declaration:  (1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings, are a part of the common elements;  (2) If any chute, flue, duct, wire, conduit, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element appurtenant solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements;  (3) Subject to paragraph (2), all spaces, interior non-loadbearing partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit; and  (4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, lanais, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but are located outside the unit's boundaries, are limited common elements appurtenant exclusively to that unit. [L 2005, c 93, pt of §2]
HI Rev Stat § 514B-36 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-36 Leasehold units.

 §514B-36 Leasehold units. An undivided interest in the land that is subject to a condominium property regime equal to a unit's common interest may be leased to the unit owner, and the unit and its common interest in the common elements exclusive of the land may be conveyed to the unit owner. The conveyance of the unit with an accompanying lease of an interest in the land shall not constitute a division or partition of the common elements, or a separation of the common interest from its unit. Where a deed of a unit is accompanied by a lease of an interest in the land, the deed shall not be construed as conveying title to the land included in the common elements. [L 2005, c 93, pt of §2]
HI Rev Stat § 514B-37 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-37 Common interest.

 §514B-37 Common interest. Each unit shall have the common interest it is assigned in the declaration. Except as provided in sections 514B-32(a)(12), 514B-46, and 514B-140(d) and except as provided in the declaration, a unit's common interest shall be permanent and remain undivided, and may not be altered or partitioned without the consent of the owner of the unit and the owner's mortgagee, expressed in a duly executed and recorded declaration amendment. The common interest shall not be separated from the unit to which it appertains, and shall be deemed to be conveyed or encumbered with the unit even if the common interest is not expressly mentioned or described in the conveyance or other instrument. [L 2005, c 93, pt of §2]
HI Rev Stat § 514B-38 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-38 Common elements.

 §514B-38 Common elements. Each unit owner may use the common elements in accordance with the purposes permitted under the declaration, subject to:  (1) The rights of other unit owners to use the common elements;  (2) Any owner's exclusive right to use of the limited common elements as provided in the declaration;  (3) The right of the owners to amend the declaration to change the permitted uses of the common elements; provided that subject to [section] 514B-140(c):  (A) Changing common element open spaces or landscaped spaces to other uses shall not require an amendment to the declaration; and  (B) Minor additions to or alterations of the common elements for the benefit of individual units are permitted if the additions or alterations can be accomplished without substantial impact on the interests of other owners in the common elements, as reasonably determined by the board;  (4) Any rights reserved in the declaration to amend the declaration to change the permitted uses of the common elements;  (5) The right of the board, on behalf of the association, to lease or otherwise use for the benefit of the association those common elements that the board determines are not actually used by any of the unit owners for a purpose permitted in the declaration. Unless the lease is approved by the owners of at least sixty-seven per cent of the common interest, the lease shall have a term of no more than five years and may be terminated by the board or the lessee on no more than sixty days prior written notice; provided that the requirements of this paragraph shall not apply to any leases, licenses, or other agreements entered into for the purposes authorized by section 514B-140(d); and  (6) The right of the board, on behalf of the association, to lease or otherwise use for the benefit of the association those common elements that the board determines are actually used by one or more unit owners for a purpose permitted in the declaration. The lease or use shall be approved by the owners of at least sixty-seven per cent of the common interest, including all directly affected unit owners that the board reasonably determines actually use the common elements, and the owners' mortgagees; provided that the requirements of this paragraph shall not apply to any leases, licenses, or other agreements entered into for the purposes authorized by section 514B-140(d). [L 2005, c 93, pt of §2; am L 2006, c 273, §10]
HI Rev Stat § 514B-39 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-39 Limited common elements.

 §514B-39 Limited common elements. If the declaration designates any portion of the common elements as limited common elements, those limited common elements shall be subject to the exclusive use of the owner or owners of the unit or units to which they are appurtenant, subject to the provisions of the declaration and bylaws. No amendment of the declaration affecting any of the limited common elements shall be effective without the consent of the owner or owners of the unit or units to which the limited common elements are appurtenant. [L 2005, c 93, pt of §2]
HI Rev Stat § 514B-40 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-40 Transfer of limited common elements.

 §514B-40 Transfer of limited common elements. Except as provided in the declaration, any unit owner may transfer or exchange a limited common element that is assigned to the owner's unit to another unit. Any transfer shall be executed and recorded as an amendment to the declaration. The amendment need only be executed by the owner of the unit whose limited common element is being transferred and the owner of the unit receiving the limited common element; provided that unit mortgages and leases may also require the consent of mortgagees or lessors, respectively, of the units involved. A copy of the amendment shall be promptly delivered to the association. [L 2005, c 93, pt of §2]
HI Rev Stat § 514B-42 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-42 Metering of utilities.

 §514B-42 Metering of utilities. (a) Units in a project that includes units designated for both residential and nonresidential use shall have separate meters, or calculations shall be made, or both, as may be practicable, to determine the use by the nonresidential units of utilities, including electricity, water, gas, fuel, oil, sewerage, air conditioning, chiller water, and drainage, and the cost of the utilities shall be paid by the owners of the nonresidential units; provided that the apportionment of the charges among owners of nonresidential units shall be done in a fair and equitable manner as set forth in the declaration or bylaws.  Notwithstanding any provision to the contrary in this chapter or in a project's declaration or bylaws the board may authorize the installation of separate meters to determine the use by each of the residential and commercial units of utilities, including electricity, water, gas, fuel, oil, sewerage, and drainage; provided that the cost of installing the meters shall be paid by the association.  (b) Notwithstanding any approval requirements and spending limits contained in a project's declaration or bylaws, the board of any association may authorize the installation of meters to determine the use by each individual unit of utilities, including electricity, water, gas, fuel, oil, sewerage, air conditioning, chiller water, and drainage; provided that the cost of installing the meters shall be paid by the association. The cost of metered utilities shall be paid by the owners of each unit based on actual consumption and, to the extent not billed directly to the unit owner by the utility provider, may be collected in the same manner as common expense assessments. Owners' maintenance fees shall be adjusted as necessary to avoid any duplication of charges to owners for the cost of metered utilities. [L 2005, c 93, pt of §2; am L 2012, c 18, §3]
HI Rev Stat § 514B-43 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-43 Liens against units.

 §514B-43 Liens against units. (a) For purposes of this section:  "Lien" means a lien created pursuant to chapter 507, part II.  "Visible commencement of operations" shall have the meaning it has in section 507-41.  (b) If visible commencement of operations occurs prior to the creation of the condominium, then, upon creation of the condominium, liens arising from this work shall attach to all units in the condominium described in the declaration and their respective undivided interests in the common elements, but not to the common elements as a whole. If visible commencement of operations occurs after creation of the condominium, then liens arising from this work shall attach only to the unit or units described in the declaration on which the work was performed in the same manner as other real property, and shall not attach to the common elements.  (c) If the developer contracts for work on the common elements, either on its behalf or on behalf of the association prior to the first meeting of the association, then liens arising from this work may attach to all units owned by the developer described in the declaration at the time of visible commencement of operations.  (d) If the association contracts for work on the common elements after the first meeting of the association, there shall be no lien on the common elements, but the persons contracting with the association to perform the work or supply the materials incorporated in the work shall be entitled to their contractual remedies, if any. [L 2005, c 93, pt of §2; am L 2018, c 18, §33]