reglab/housing_qa huggingface dataset:
HI Rev Stat § 514B-67 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-67 Termination of registration.

 §514B-67 Termination of registration. (a) The commission, after notice and hearing, may issue an order terminating the registration of a condominium project upon determination that a developer, or any officer, principal, or affiliate of a developer has:  (1) Failed to comply with a cease and desist order issued by the commission affecting that condominium project;  (2) Concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of units in that condominium project;  (3) Failed to perform any stipulation or agreement made to induce the commission to issue an order relating to that condominium project;  (4) Misrepresented or failed to disclose a material fact in the application for registration;  (5) Failed to meet any of the conditions described in this part necessary to qualify for registration; or  (6) Failed to conform or comply with county zoning and development ordinances as required by chapter 205, including section 205-4.6 where applicable, and section 514B-5.  (b) A developer may not convey, cause to be conveyed, or contract for the conveyance of any interest in a unit while an order revoking the registration of the condominium project is in effect, without the consent of the commission.  (c) The commission may issue a cease and desist order in lieu of an order of revocation where appropriate. [L 2005, c 93, pt of §3; am L 2014, c 49, §7]
HI Rev Stat § 514B-68 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-68 Power to enjoin.

 §514B-68 Power to enjoin. Whenever the commission believes from satisfactory evidence that any person has violated this part, part V, section 514B-103, 514B-132, 514B-134, 514B-149, sections 514B-152 to 514B-154, section 514B-154.5, or the rules of the commission adopted pursuant thereto, it may conduct an investigation of the matter and bring an action against the person in any court of competent jurisdiction on behalf of the State to enjoin the person from continuing the violation or doing any acts in furtherance thereof. [L 2005, c 93, pt of §3; am L 2014, c 188, §6]
HI Rev Stat § 514B-69 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-69 Penalties.

 §514B-69 Penalties.  (a) Any person who violates or fails to comply with this part, part V, section 514B-103, 514B-132, 514B-134, 514B-149, sections 514B-152 to 514B-154, or section 514B-154.5, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $10,000, or by imprisonment for a term not exceeding one year, or both. Any person who violates or fails to comply with any rule, order, decision, demand, or requirement of the commission under this part, part V, section 514B-103, 514B-132, 514B-134, 514B-149, sections 514B-152 to 514B-154, or section 514B-154.5, shall be punished by a fine not exceeding $10,000.  (b) In addition to any other actions authorized by law, any person who violates or fails to comply with this part, part V, section 514B-103, 514B-132, 514B-134, 514B-149, sections 514B-152 to 514B-154, section 514B-154.5, or the rules of the commission adopted pursuant thereto, shall also be subject to a civil penalty not exceeding $10,000 for any violation. Each violation shall constitute a separate offense. [L 2005, c 93, pt of §3; am L 2014, c 188, §7]
HI Rev Stat § 514B-70 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-70 Limitation of actions.

 §514B-70 Limitation of actions.  No civil or criminal actions shall be brought by the State pursuant to this chapter more than two years after the discovery of the facts upon which the actions are based or ten years after completion of the sales transaction involved, whichever has first occurred. [L 2005, c 93, pt of §3]
HI Rev Stat § 514B-71 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-71 Condominium education trust fund.

  §514B-71 Condominium education trust fund.  (a) The commission shall establish a condominium education trust fund that the commission shall use for educational purposes. Educational purposes shall include financing or promoting:  (1) Education and research in the field of condominium management, condominium project registration, and real estate, for the benefit of the public and those required to be registered under this chapter;  (2) The improvement and more efficient administration of associations;  (3) Expeditious and inexpensive procedures for resolving association disputes;  (4) Support for mediation of condominium related disputes; and  (5) Support for voluntary binding arbitration between parties in condominium related disputes, pursuant to section 514B-162.5.  (b) The commission shall use all moneys in the condominium education trust fund for purposes consistent with subsection (a). Any law to the contrary notwithstanding, the commission may make a finding that a fee adjustment is appropriate and adjust the fees paid by associations to regulate the fund balance to an appropriate level to maintain a reasonable relation between the fees generated and the cost of services rendered by the condominium education trust fund. For the purposes of finding that a fee adjustment is appropriate in order to maintain a reasonable relation between the fees generated and the cost of services rendered by the fund, the commission's review shall include the following:  (1) Frequency and timing of anticipated revenue to the fund;  (2) Identification of a reserve amount based on unanticipated revenue reductions and historical expenditures;  (3) Anticipated expenses paid, including recovery payouts during a biennial budget cycle;  (4) Unanticipated natural disasters or catastrophic weather events that may increase fund payments; and  (5) Any statutory adjustments to fund payout amounts. The balance of the fund shall not exceed a sum determined by the commission. The sum shall be determined by the commission biennially. [L 2005, c 93, pt of §3; am L 2013, c 187, §2; am L 2018, c 196, §3; am L 2018, c 196, §9; am L 2020, c 12, §6 and c 57, §2] Note  Repeal and reenactment of subsection (a) on June 30, 2023, by L 2018, c 196, §9, as shown in the main volume, deleted by L 2020, c 57, §2.
HI Rev Stat § 514B-73 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-73 Condominium education trust fund; management.

  §514B-73 Condominium education trust fund; management. (a) The sums received by the commission for deposit in the condominium education trust fund pursuant to section 514B-72 shall be held by the commission in trust for carrying out the purpose of the fund.  (b) The commission and the director of commerce and consumer affairs may use moneys in the condominium education trust fund collected pursuant to section 514B-72, and the rules of the commission to employ necessary personnel not subject to chapter 76 for additional staff support, to provide office space, and to purchase equipment, furniture, and supplies required by the commission to carry out its responsibilities under this part.  (c) The moneys in the condominium education trust fund collected pursuant to section 514B-72, and the rules of the commission may be invested and reinvested together with the real estate education fund established under section 467-19 in the same manner as are the funds of the employees' retirement system of the State. The interest and earnings from these investments shall be deposited to the credit of the condominium education trust fund.  (d) The commission shall annually submit to the legislature, no later than twenty days prior to the convening of each regular session:  (1) A summary of the programs funded during the prior fiscal year and the amount of money in the fund, including a statement of which programs were directed specifically at the education of condominium owners; and  (2) A copy of the budget for the current fiscal year, including summary information on programs that were funded or are to be funded and the target audience for each program. The budget shall include a line item reflecting the total amount collected from condominium associations. [L 2005, c 93, pt of §3; am L 2009, c 129, §11; am L 2017, c 181, §29]
HI Rev Stat § 514B-81 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-81 Applicability; exceptions.

Note Part heading amended by L 2005, c 93, pt of §4. A. General Provisions §514B-81 Applicability; exceptions. (a) This part applies to all units subject to this chapter, except as provided in subsection (b).  (b) No developer's public report shall be required in the case of:  (1) A gratuitous disposition of a unit;  (2) A disposition pursuant to court order;  (3) A disposition by a government or governmental agency;  (4) A disposition by foreclosure or deed in lieu of foreclosure; or  (5) The sale of units in bulk, as defined in section 514B-51(b); provided that the requirements of this part shall apply to any sale of units to the public following the sale of units in bulk. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-82 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-82 Sale of units.

 §514B-82 Sale of units.  Except as provided in section 514B-85, no sale or offer of sale of units in a project by a developer shall be made prior to the registration of the project by the developer with the commission, the issuance of an effective date for the developer's public report by the commission, and except as provided by law with respect to time share units, the delivery of the developer's public report to prospective purchasers. Notwithstanding any other provision to the contrary, where a time share project is duly registered under chapter 514E and a disclosure statement is effective and required to be delivered to the purchaser or prospective purchaser, the developer's public report need not be delivered to the purchaser or prospective purchaser. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-83 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-83 Developer's public report.

 §514B-83 Developer's public report. (a) A developer's public report shall contain:  (1) The name and address of the project, and the name, address, telephone number, and electronic mail address, if any, of the developer or the developer's agent;  (2) A statement of the deadline, pursuant to section 514B-89, for completion of construction or, in the case of a conversion, for the completion of any repairs required to comply with section 514B-5, and the remedies available to the purchaser, including but not limited to cancellation of the sales contract, if the completion of construction or repairs does not occur on or before the completion deadline;  (3) A breakdown of the annual maintenance fees and the monthly estimated cost for each unit, certified to have been based on generally accepted accounting principles, and a statement regarding when a purchaser shall become obligated to start paying the fees pursuant to section 514B-41(b);  (4) A description of all warranties for the individual units and the common elements, including the date of initiation and expiration of any such warranties, or a statement that no warranties exist;  (5) A summary of the permitted uses of the units and, if applicable, the number of units planned to be devoted to a particular use;  (6) A description of any development rights reserved to the developer or others;  (7) A declaration, subject to the penalties set forth in section 514B-69(b), that the project is in compliance with all county zoning and building ordinances and codes, chapter 205, including section 205-4.6 where applicable, and all other county permitting requirements applicable to the project, pursuant to sections 514B-5 and 514B-32(a)(13); and  (8) Any other facts, documents, or information that would have a material impact on the use or value of a unit or any appurtenant limited common elements or amenities of the project available for an owner's use, or that may be required by the commission.  (b) A developer shall promptly amend the developer's public report to report any pertinent or material change or both in the information required by this section. [L 2005, c 93, pt of §4; am L 2014, c 49, §8]
HI Rev Stat § 514B-85 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-85 Preregistration solicitation.

 §514B-85 Preregistration solicitation. (a) Prior to the registration of the project by the developer with the commission, the issuance of an effective date for the developer's public report by the commission, and the delivery of the developer's public report to prospective purchasers, and subject to the limitations set forth in subsection (b), the developer may solicit prospective purchasers and enter into nonbinding preregistration agreements with the prospective purchasers with respect to units in the project. As used in this section, "solicit" means to advertise, to induce, or to attempt in whatever manner to encourage a person to acquire a unit.  (b) The solicitation activities authorized under subsection (a) shall be subject to the following limitations:  (1) Prior to registration of the project with the commission and the issuance of an effective date for the developer's public report, the developer shall not collect any moneys from prospective purchasers or anyone on behalf of prospective purchasers, whether or not the moneys are to be placed in an escrow account, or whether or not the moneys would be refundable at the request of the prospective purchaser; and  (2) The developer shall not require or request that a prospective purchaser execute any document other than a nonbinding preregistration agreement. The preregistration agreement may, but need not, specify the unit number of a unit in the project to be reserved and may, but need not, include a price for the unit. The preregistration agreement shall not incorporate the terms and provisions of the sales contract for the unit and, by its terms, shall not become a sales contract. Notwithstanding anything contained in the preregistration agreement to the contrary, the preregistration agreement may be canceled at any time by either the developer or the prospective purchaser by written notice to the other. The commission may prepare a form of preregistration agreement for use pursuant to this section, and use of the commission-prepared form shall be deemed to satisfy the requirements of the preregistration agreement as provided in this section. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-87 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-87 Rescission after sales contract becomes binding.

 §514B-87 Rescission after sales contract becomes binding. (a) Purchasers shall have a thirty-day right to rescind a binding sales contract for the purchase of a unit from a developer if there is a material change in the project. This rescission right shall not apply, however, in the event of any additions, deletions, modifications and reservations including, without limitation, the merger or addition or phasing of a project, made pursuant to the terms of the declaration.  (b) Upon delivery to a purchaser of a description of the material change on a form prescribed by the commission, the purchaser may waive the purchaser's rescission right provided in subsection (a) by:  (1) Checking the waiver box on the option to rescind sales contract instrument, signing it, and delivering it to the seller;  (2) Letting the thirty-day rescission period expire without taking any action to rescind; or  (3) Closing the purchase of the unit before the thirty-day rescission period expires.  (c) In order to be valid, a rescission form must be signed by all purchasers of the affected unit, and postmarked no later than midnight of the thirtieth calendar day after the date that the purchasers received the rescission form from the seller. In the event of a valid exercise of a purchaser's right of rescission pursuant to this section, the purchasers shall be entitled to a prompt and full refund of any moneys paid.  (d) The rescission form obtained by the seller under this section shall be kept on file in possession of the seller and shall be subject to inspection at a reasonable time by the commission or its staff or agents, for a period of three years from the date the receipt or return receipt was obtained.  (e) This section shall not preclude a purchaser from exercising any rescission rights pursuant to a contract for the sale of a unit or any applicable common law remedies. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-88 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-88 Delivery.

 §514B-88 Delivery. In this part, delivery shall be made by:  (1) Personal delivery;  (2) Registered or certified mail with adequate postage, to the recipient's address; provided that delivery shall be considered made three days after deposit in the mail or on any earlier date upon which the return receipt is signed;  (3) Facsimile transmission, if the recipient has provided a fax number to the sender; provided that delivery shall be considered made upon the sender's receipt of automatic confirmation of transmission; or  (4) Any other way prescribed by the commission. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-89 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-89 Sales contracts before completion of construction.

 §514B-89 Sales contracts before completion of construction. If a sales contract for a unit is signed before the completion of construction or, in the case of a conversion, the completion of any repairs required to comply with section 514B-5, the sales contract shall contain an agreement of the developer that the completion of construction shall occur on or before the completion deadline, and the completion deadline shall be referenced in the developer's public report. The completion deadline may be a specific date, or the expiration of a period of time after the sales contract becomes binding, and may include a right of the developer to extend the completion deadline for force majeure as defined in the sales contract. The sales contract shall provide that the purchaser may cancel the sales contract at any time after the specified completion deadline, if completion of construction does not occur on or before the completion deadline, as the same may have been extended. The sales contract may provide additional remedies to the purchaser if the actual completion of construction does not occur on or before the completion deadline as set forth in the contract. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-90 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-90 Refunds upon cancellation or termination.

 §514B-90 Refunds upon cancellation or termination.  Upon any cancellation under section 514B-86 or 514B-89, the purchaser shall be entitled to a prompt and full refund of all moneys paid, less any escrow cancellation fee and other costs associated with the purchase, up to a maximum of $250. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-91 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-91 Escrow of deposits.

 §514B-91 Escrow of deposits. All moneys paid by purchasers shall be deposited in trust under a written escrow agreement with an escrow depository licensed pursuant to chapter 449. An escrow depository shall not disburse purchaser deposits to or on behalf of the developer prior to closing except:  (1) As provided in sections 514B-92 and 514B-93; or  (2) As provided in the purchaser's sales contract in the event the sales contract is canceled. An escrow depository shall not disburse a purchaser's deposits at closing unless the escrow depository has received satisfactory assurances that all blanket mortgages and liens have been released from the purchaser's unit in accordance with section 514B-45. Satisfactory assurances shall include a commitment by a title insurer licensed under chapter 431 to issue the purchaser a title insurance policy ensuring the purchaser that the unit has been conveyed free and clear of the liens. [L 2005, c 93, pt of §4; am L 2006, c 38, §23]
HI Rev Stat § 514B-94 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-94 Misleading statements and omissions; remedies.

 §514B-94 Misleading statements and omissions; remedies. (a) No person may:  (1) Knowingly authorize, direct, or aid in the publication, advertisement, distribution, or circulation of any false statement or representation concerning any project offered for sale or lease; or  (2) Issue, circulate, publish, or distribute any advertisement, pamphlet, prospectus, or letter concerning a project that contains any false written statement or is misleading due to the omission of a material fact.  (b) Every sale made in violation of this section shall be voidable at the election of the purchaser; and the person making the sale and every director, officer, or agent of or for the seller, if the director, officer, or agent has personally participated or aided in any way in making the sale, shall be jointly and severally liable to the purchaser in an action in any court of competent jurisdiction upon tender of the units sold or of the contract made, for the full amount paid by the purchaser, with interest, together with all taxable court costs and reasonable attorneys' fees; provided that no action shall be brought for the recovery of the purchase price after two years from the date of the sale; and provided further that no purchaser otherwise entitled shall claim or have the benefit of this section who has refused or failed to accept within thirty days an offer in writing of the seller to take back the unit in question and to refund the full amount paid by the purchaser, together with interest at six per cent on the amount for the period from the date of payment by the purchaser down to the date of repayment. [L 2005, c 93, pt of §4] Case Notes  District court predicted that the state supreme court would hold that the two-year period in subsection (b) is a statute of repose, rather than a statute of limitations, with respect to an action where plaintiff claimed, among other things, a violation of the condominium property act by defendants that allegedly promised that guests of condominium owners would be able to use the resort's facilities without additional fees. Plaintiff failed to bring a Chapter 514B claim within two years after the purchase of the condominium, and because statutes of repose are not subject to equitable tolling, plaintiff's claim was time-barred. 371 F. Supp. 3d 803 (2019).