reglab/housing_qa huggingface dataset:
HI Rev Stat § 514C-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514C. Lease to Fee Conversions for Condominiums and Cooperative Housing Corporations|514C-5 Offer to other prospective purchasers; time limit.

  §514C-5 Offer to other prospective purchasers; time limit. No lessor shall sell the leased fee interest in any land under a condominium project or cooperative project containing one or more residential units or any part thereof to any party other than the association of owners or cooperative housing corporation for that project until a right of first refusal for the purchase of that interest has been offered as required by this part and has been rejected in writing by the board of directors, except in the case of sales to individual condominium unit lessees or cooperative unit lessees, which shall be subject to the requirements of section 514C-6.5; provided that an offer made pursuant to sections 514C-2, 514C-3, and 514C-6.5 shall be deemed to be rejected if not accepted in writing by the board of directors of the condominium project or the cooperative housing corporation within one hundred twenty days of its receipt of the written notice from the seller, as evidenced by the return receipts, or if the sale, through no fault of the seller, has not closed upon the purchase of one hundred per cent of the interest being sold within one hundred eighty days of receipt by the board of directors of such written notice, as evidenced by the return receipts. In the event that closing is delayed due to any fault of the seller, the deadline for closing shall be extended for a period of time equal to the delay caused by the seller. [L 1988, c 298, pt of §1; am L 1993, c 326, §2; am L 1999, c 241, §3(5); am L 2008, c 28, §34]
HI Rev Stat § 514C-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514C. Lease to Fee Conversions for Condominiums and Cooperative Housing Corporations|514C-7 Violations; voidable sale.

 §514C-7 Violations; voidable sale. Any sale made that violates this part shall be voidable at the option of the association of owners or the cooperative housing corporation. If any sale is so voided, the association of owners or cooperative housing corporation shall then have the right to buy the interest which had been conveyed by virtue of such sale for the same price as pertained to the sale so voided, subject to the time restrictions contained in section 514C-5. [L 1988, c 298, pt of §1; am L 1999, c 241, §3(7)]
HI Rev Stat § 514C-8 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514C. Lease to Fee Conversions for Condominiums and Cooperative Housing Corporations|514C-8 Exception.

  §514C-8 Exception. (a) This part shall not apply if the land under the condominium project or cooperative housing corporation subject to a leased fee interest is part of a larger tract of land and the lessor will not agree to sell the leased fee interest in the land in parts.  (b) If the land under the condominium is owned jointly by lessors, all of whom qualify as tax-exempt charitable organizations as defined by section 501(c)(3) of the Internal Revenue Code of 1986, as amended, the sale by one co-lessor to another co-lessor of its interest in the land under the condominium shall not be subject to the provisions of this chapter. [L 1988, c 298, pt of §1; am L 1999, c 241, §3(8); am L 2005, c 91, §1]
HI Rev Stat § 514C-21 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514C. Lease to Fee Conversions for Condominiums and Cooperative Housing Corporations|514C-21 Definitions.

  §514C-21 Definitions. As used in this part, unless the context requires otherwise:  "Lessor" means any or all of the fee simple owners and other persons having legal or equitable ownership interests in the leased fee interest appurtenant to the various condominium units in the condominium project and in the various apartment and ground leases including, but not limited to, any sublessor. The definition of "lessor" in section 514C-1 shall not apply to this part. [L 1999, c 241, pt of §2]
HI Rev Stat § 514E-1.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-1.5 Time share administrator; duties.

 §514E-1.5 Time share administrator; duties. The director shall appoint a time share administrator, who shall not be subject to chapter 76, to administer this chapter. The administrator shall be responsible for the performance of the duties conferred upon the director by this chapter. [L 1984, c 42, §1; am L 1992, c 202, §178; am L 2000, c 253, §150]
HI Rev Stat § 514E-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-2 Status of property.

  §514E-2 Status of property. (a) The temporal division of any interest in real property shall not, in and of itself, affect its status as real property.  (b) Whether a time share plan is a time share ownership plan or time share use plan, for purposes of chapter 467 a time share interest shall constitute "real estate" and the offer or sale thereof shall constitute the offer or sale of an interest in real property. [L 1980, c 186, pt of §1; am L 1981, c 81, §9]
HI Rev Stat § 514E-2.6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-2.6 REPEALED. L 2001, c 71, §1.

  §514E-2.6 REPEALED. L 2001, c 71, §1.
HI Rev Stat § 514E-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-3 Taxation.

  §514E-3 Taxation. (a) The plan manager, if any, shall collect and pay real property and transient accommodations taxes due on the time share units or occupants under the plan manager's authority as the agent of the owners of the individual units or temporal divisions thereof. The liability of the individual owners of the units, or temporal division thereof, for real property taxes, shall be primary to all parties except the plan manager. The right to contest or appeal any real property or transient accommodations tax assessment shall apply to the plan manager and any person having an interest in a time share unit.  (b) The acquisition agent and sales agent shall maintain records pertaining to the general excise tax of any independent contractors employed by them, their addresses and commissions paid during each calendar year. The plan manager shall maintain records of the general excise and transient accommodations taxes due and owing with respect to any occupants or time share units under the plan manager's management. The records for any year shall be retained for at least two years and be available for inspection by the director or the director of taxation. [L 1980, c 186, pt of §1; gen ch 1985; am L 1996, c 46, §1; am L 1998, c 156, §29]
HI Rev Stat § 514E-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-4 County authority.

  §514E-4 County authority. The several counties shall, by amendment of their zoning ordinances, limit the location of time share units, time share plans and other transient vacation rentals, within such areas as are deemed appropriate. [L 1980, c 186, pt of §1]
HI Rev Stat § 514E-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-5 Geographic limitations.

  §514E-5 Geographic limitations. (a) Except as provided in this section, time share units, time share plans, and transient vacation rentals are prohibited.  (b) Existing time share units, time share plans, and transient vacation rentals are not impaired by the provisions of this section.  (c) Time share units, time share plans, and transient vacation rentals are allowed:  (1) In areas designated for hotel use, resort use, or transient vacation rentals, pursuant to county authority under section 46-4, or where the county, by its legislative process, designates hotel, transient vacation rental, or resort use;  (2) In a hotel where the county explicitly approves such use, in advance, as a nonconforming use; or  (3) In a county with a population in excess of five hundred thousand, in an existing hotel that is a valid nonconforming use under county ordinance. [L 1980, c 186, pt of §1; am L 1982, c 191, §1; am L 2002, c 204, §7; am L 2009, c 12, §1; am L 2019, c 111, §35] Attorney General Opinions  Declaration calling for future "annexation" of units within a project or building is not sufficient to establish those units as "pre-existing". Att. Gen. Op. 81-14.  Geographic limitations of section apply to certain registration filings made prior to effective date of limitations. Att. Gen. Op. 83-1.
HI Rev Stat § 514E-5.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-5.5 Foreign time share plans; exemption.

  §514E-5.5 Foreign time share plans; exemption. (a) A foreign time share plan may obtain an exemption from the requirements of this chapter as provided in this section.  (b) The developer of a foreign time share plan shall pay an exemption fee of $100 and file the following minimum information pertaining to the foreign time share plan with the director:  (1) The name and address of the foreign time share plan;  (2) The name and address of the developer and seller of the foreign time share plan, if any;  (3) The name and registration number of the time share plan located in Hawaii; provided that the registration shall be active at the time of filing under this subsection; and  (4) The duration of the foreign time share plan.  (c) Time share interests that are part of a foreign time share plan exempt under this section shall not be resold in the United States.  (d) The developer of a foreign time share plan exempt under this section shall not subject time share interests or units in the foreign time share plan that are located in Hawaii to blanket liens.  (e) The contract to purchase an interest in a foreign time share plan exempt under this section shall contain the following disclosure in conspicuous type immediately above the space provided for the purchaser's signature:  "THE OFFERING AND OPERATION OF THIS TIME SHARE PLAN OUTSIDE THE JURISDICTIONAL LIMITS OF THE UNITED STATES OF AMERICA IS EXEMPT FROM REGULATION UNDER HAWAII LAW, AND ANY SUCH PURCHASE AND OPERATION OF THIS TIME SHARE PLAN IS NOT PROTECTED BY THE LAWS OF THE STATE OF HAWAII. NO RESALE OF INTERESTS IN THIS TIME SHARE PLAN MAY BE MADE BY ANY PERSON WITHIN THE JURISDICTIONAL LIMITS OF THE UNITED STATES OF AMERICA. THE MANAGEMENT AND OPERATION OF ANY ACCOMMODATIONS OR FACILITIES LOCATED IN HAWAII, HOWEVER, ARE SUBJECT TO HAWAII LAW, AND MAY GIVE RISE TO AN ENFORCEMENT ACTION REGARDLESS OF WHERE THE OFFER WAS MADE."  (f) All promotional literature and other printed or written material used in connection with the sale of interests in a foreign time share plan exempt under this section shall include the following caption:  "This time share plan is exempt from registration under Hawaii law and, therefore, the purchase and operation of this time share plan is not protected by the laws of the State of Hawaii."  (g) For the purposes of this section, "foreign time share plan" means a time share use plan that:  (1) Contains time share interests or units located in Hawaii that are part of a Hawaii time share plan; and  (2) Is offered and sold solely outside the jurisdictional limits of the United States.  (h) Failure by the developer to abide by the requirements for the exemption shall result in the loss of the exemption and shall require registration under this chapter. [L 2006, c 278, §1; am L 2007, c 6, §1]
HI Rev Stat § 514E-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-6 Time sharing in projects.

  §514E-6 Time sharing in projects. (a) If the project in which the time share unit or time share plan is to be created contains an existing time share unit or time share plan, then time share units and plans [shall] be regulated according to the terms of the project instruments.  (b) If the project in which the time share unit or time share plan is to be created is not a hotel and does not contain time share units or a time share plan, then such use may be created only if such use is explicitly and prominently authorized by the project instruments, or the project instruments are amended by unanimous vote of the unit owners to explicitly and prominently authorize time sharing.  (c) Any condominium project in an area not designated for hotel use, resort use, or transient vacation rentals that:  (1) Contains one or more transient vacation rental units may be classified as a hotel use; or  (2) Contains more than ninety-five per cent transient vacation rental units shall be classified as a hotel.  The foregoing shall not limit the individual counties in zoning for or defining hotels. [L 1980, c 186, pt of §1; am L 1987, c 276, §2] Attorney General Opinions  Time share units or plans may be created in project or building which has existing time sharing, and where project instrument does not prohibit time sharing. Att. Gen. Op. 81-14. Case Notes  Use of term "temporary residence" in project's instruments does not authorize time sharing. 70 H. 93, 762 P.2d 169 (1988).  As this section, relating to time sharing, applies to a project that is not a hotel and the Maui county code section pertained to time sharing in a hotel district, the code section did not cover the same subject matter or conflict with this section; thus, the code section was not preempted by this section. 103 H. 468, 83 P.3d 731 (2004).
HI Rev Stat § 514E-6.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-6.5 Voting rights for time share units.

 §514E-6.5 Voting rights for time share units. Voting rights for any apartment units designated or sold as time share units shall be as provided in rules adopted by the director of the department of commerce and consumer affairs; provided the rules shall seek to provide reasonable protection for persons who own partial interests in or rights to occupy the units. [L 1984, c 41, pt of §1]
HI Rev Stat § 514E-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-7 Maintenance charges.

  §514E-7 Maintenance charges. If time share units, or transient vacation rentals are located in the same project as private residential units, charges for the maintenance of common elements assessed against time share and transient vacation rental units may exceed the charges assessed against other units by as much as fifty per cent; provided that such charges do not exceed those assessed against units in the project accommodating transient vacationers with stays of thirty days or less, and such charges are in proportion to extra maintenance expenses actually attributable to the time share and transient vacation rental units. [L 1980, c 186, pt of §1]
HI Rev Stat § 514E-8 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-8 Mutual right to cancel.

  §514E-8 Mutual right to cancel. Within seven calendar days after the execution of the contract to purchase an interest in a time share plan, or within seven calendar days after the purchaser's receipt of a disclosure statement required by this chapter, whichever occurs later, either party may cancel the contract without penalty by mailing or delivering a notice of cancellation to the other party at an address specified on the contract. The notice of cancellation shall be effective upon mailing or delivery to the other party at the address specified on the contract. [L 1980, c 186, pt of §1; am L 1985, c 114, §2]
HI Rev Stat § 514E-8.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-8.5 Classes of time share interests. (a) A time share plan may establish classes of time share interests defined by characteristics as the developer shall determine, including but not limited to season, unit size, location, view, or otherwise. (b) If one or more of the time share units will not be available for the entire duration of the time share plan then, in addition to other characteristics as the developer shall determine, the time share interests shall be classified by duration. [L 1997, c 372, pt of §1]

  §514E-8.5 Classes of time share interests. (a) A time share plan may establish classes of time share interests defined by characteristics as the developer shall determine, including but not limited to season, unit size, location, view, or otherwise.  (b) If one or more of the time share units will not be available for the entire duration of the time share plan then, in addition to other characteristics as the developer shall determine, the time share interests shall be classified by duration. [L 1997, c 372, pt of §1]
HI Rev Stat § 514E-9 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-9 Disclosure statement.

  §514E-9 Disclosure statement. (a) Any offering of a time sharing plan to the public shall disclose:  (1) The name and address of the developer and of the time share units;  (2) The name and address of the plan manager, if any, and a description of the plan manager's responsibilities and authority;  (3) A description of the time share units, including the developer's schedule for completion of all buildings, units, and amenities and dates of availability;  (4) If the time share plan is located in a condominium property regime, a description of the project and any pertinent provisions of the project instruments;  (5) Any restraints on the transfer of the buyer's time share interest in the time share units or plan;  (6) Whether the time share plan is a time share ownership plan or a time share use plan, along with a description of the rights and responsibilities under said plan;  (7) A statement that there is a seven-calendar-day period of mutual rescission;  (8) A statement that pursuant to section 514E-11.3, every sale or transfer, made in violation of this chapter is voidable at the election of the purchaser;  (9) Notice of any liens, title defects or encumbrances on or affecting the title to the units or plan;  (10) Notice of any pending or anticipated suits that are material to the time share units or plan, of which the developer has, or should have, knowledge;  (11) The total financial obligation of the purchaser, which shall consist of:  (A) A statement that the purchaser is obligated to pay the initial price stated in the purchaser's purchase agreement; and  (B) A list or description of any additional charges to which the purchaser may be subject;  (12) An estimate of the dues, maintenance fees, real property taxes, and similar periodic expenses, and the method or formula by which they are derived and apportioned;  (13) The disclosure statement under subsection (d), if applicable; and  (14) Other disclosures required by the director, as provided by rules adopted pursuant to chapter 91.  (b) The requirements of this section shall not apply to the following transactions:  (1) Any transaction pursuant to order of any court;  (2) Any disposition by a government or governmental agency;  (3) Normal hotel operations; or  (4) Any gratuitous transfer.  (c) A developer or sales agent shall promptly amend or supplement the disclosure statement to report any material change in the information required by this section.  (d) If all the time share units are located outside the State, the disclosure statement shall contain the following statement:  "BECAUSE THE TIME SHARE UNITS OF THIS TIME SHARE PLAN ARE LOCATED OUTSIDE THE STATE OF HAWAII, THE PLAN MANAGER IS EXEMPT FROM REGISTRATION UNDER HAWAII'S TIME SHARE LAW, AND HAWAII'S TIME SHARE LAW PROVIDES NO PROTECTIONS TO PURCHASERS WITH RESPECT TO THE PLAN MANAGER."  [L 1980, c 186, pt of §1; am L 1981, c 81, §4; am L 1985, c 114, §3; gen ch 1985; am L 1988, c 65, §2; am L 2013, c 49, §1; am L 2014, c 70, §2]
HI Rev Stat § 514E-9.1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-9.1 Disclosure statement; prospective purchasers.

  §514E-9.1 Disclosure statement; prospective purchasers. The purchaser of a time share interest shall be provided a copy of the disclosure statement filed with and accepted by the director concurrently with the execution of a sales contract. The disclosure statement shall be provided in printed form unless the purchaser indicates in a separate writing the purchaser's election to receive the disclosure statement through means of a computer disc, electronic mail, download from an internet site, thumb drive, any other media that may require the use of a device or a machine to be viewed or heard, or by any other means contemplated by chapter 489E. The separate writing shall include, above the signature line in bold type and capital letters, the following statement: "ANY PURCHASER HAS UNDER THE LAW A SEVEN-DAY RIGHT OF RESCISSION OF ANY TIME SHARING SALES CONTRACT. PURCHASERS SHOULD READ THE DISCLOSURE STATEMENT BEFORE THE SEVEN-DAY RIGHT OF RESCISSION PERIOD EXPIRES." [L 2014, c 228, §2]
HI Rev Stat § 514E-9.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-9.5 Exchange program; general provisions.

 §514E-9.5 Exchange program; general provisions. (a) An exchange agent (including the developer if it is also an exchange agent) shall distribute not less than annually to each purchaser of a time share interest participating in the exchange program materials containing written information which shall include the following:   (1) The manner in which the program is operated, the identity of the persons operating the program, and the affiliation between the persons operating the program and the developer;   (2) Whether membership, participation, or both, in the program are voluntary or mandatory;   (3) The costs or ranges of costs of membership and participation in the program as of a specified date, not more than one year before the disclosure statement is delivered to the purchaser, and the person to whom those costs are payable;   (4) Whether and how any of the costs specified in paragraph (3) may be altered, which costs are to be fixed on a case-by-case basis, and the manner in which they are to be fixed in each case;   (5) A description of the availability of time share units represented to be participating in the exchange program;   (6) The reservation and confirmation or other procedures to effectuate the exchange of occupancy rights; and   (7) Other disclosures required by the director as provided by rules adopted pursuant to chapter 91.   (b) A copy of the most current written materials supplied by the exchange agent pursuant to subsection (a) of this section shall be delivered to each purchaser simultaneously with the delivery of the disclosure statement.   (c) If the exchange agent is not the developer, a subsidiary of the developer, controlled by the developer, or affiliated with the developer, then:   (1) The developer shall have no liability for the publication or distribution by the developer of the most current written materials supplied to the developer by the exchange agent pursuant to this section or the rules adopted by the director; and   (2) The exchange agent shall have no liability with respect to any violation of this chapter or the rules adopted by the director arising out of the use by a developer of information relating to an exchange program other than that provided to the developer by the exchange agent. [L 1981, c 81, pt of §1]