reglab/housing_qa huggingface dataset:
HI Rev Stat § 514B-95 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-95 Definitions.

Revision Note The sections in this subpart enacted as § §514B-95.1 to 514B-95.11, are redesignated.   §514B-95 Definitions. As used in this subpart:  "Chronological system" means a system in which the residential units designated for sale to prospective owner-occupants are offered for sale to prospective owner-occupants in the chronological order in which the prospective owner-occupants deliver to the developer or the designated real estate broker completed owner-occupant affidavits, executed sales contracts or reservations, and earnest money deposits.  "Initial date of sale" means the date of the first publication of the announcement or advertisement pursuant to section 514B-95.5.  "Lottery system" means a system in which no prospective owner-occupant has an unfair advantage in the determination of the order in which residential units designated for sale to prospective owner-occupants are offered for sale because the order is determined by a lottery.  "Owner-occupant" means any individual in whose name sole or joint legal title is held in a residential unit that, simultaneous to such ownership, serves as the individual's principal residence, as defined by the department of taxation, for a period of not less than three hundred sixty-five consecutive days; provided that the individual shall retain complete possessory control of the premises of the residential unit during this period. An individual shall not be deemed to have complete possessory control of the premises if the individual rents, leases, or assigns the premises for any period of time to any other person in whose name legal title is not held; except that an individual shall be deemed to have complete possessory control even when the individual conveys or transfers the unit into a trust for estate planning purposes and continues in the use of the premises as the individual's principal residence during this period.  "Residential unit" means "unit" as defined in section 514B-3, but excludes:  (1) Any unit intended for commercial use;  (2) Any unit designed and constructed for hotel or resort use that is located on any parcel of real property designated and governed by a county for hotel or resort use pursuant to section 46-4; and  (3) Any other use pursuant to authority granted by law to a county.  "Thirty-day period" or "thirty days" means thirty full consecutive calendar days, including up to midnight on the thirtieth day. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-95.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-95.5 Announcement or advertisement; publication.

 §514B-95.5 Announcement or advertisement; publication. At least once in each of two successive weeks, and at any time following the issuance of an effective date of the first developer's public report for the condominium project, the developer shall cause to be published in at least one newspaper published daily in the State with a general circulation in the county in which the project is to be located, and, if the project is located other than on the island of Oahu, in at least one newspaper that is published at least weekly in the county in which the project is to be located, an announcement or advertisement containing at least the following information:  (1) The location of the project;  (2) The minimum price of the residential units;  (3) A designation as to whether the residential units are to be sold in fee simple or leasehold;  (4) A statement that for a thirty-day period following the initial date of sale of the condominium project, at least fifty per cent of the residential units being marketed shall be offered only to prospective owner-occupants;  (5) The name, telephone number, and address of the developer or other real estate broker designated by the developer that an interested individual may contact to secure an owner-occupant affidavit, developer's public report, and any other information concerning the project; and   (6) If applicable, a statement that the residential units will be offered to prospective purchasers through a public lottery. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-96 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-96 Designation of residential units.

 §514B-96 Designation of residential units. (a) The developer of any project containing residential units shall designate at least fifty per cent of the units for sale to prospective owner-occupants pursuant to section 514B-98. The designation shall be set forth either in the developer's public report or in the announcement or advertisement required by section 514B-95.5, and may be set forth in both. The units shall constitute a proportionate representation of all the residential units in the project with regard to factors of square footage, number of bedrooms and bathrooms, floor level, and whether or not the unit has a lanai.  (b) A developer shall have the right to substitute a unit designated for owner-occupants with a unit that is not so designated; provided that the units shall be similar with regard to the factors enumerated in subsection (a). The substitution shall not require the developer's submission of a supplementary developer's public report. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-97 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-97 Affidavit.

 §514B-97 Affidavit. (a) The owner-occupant affidavit required by section 514B-96.5 shall expire after three hundred sixty-five consecutive days have elapsed after the recordation of the instrument conveying the unit to the affiant. The affidavit shall expire prior to this period upon acquisition of title to the property by an institutional lender or investor through mortgage foreclosure, foreclosure under power of sale, or a conveyance in lieu of foreclosure.  (b) The affidavit shall include statements by the affiant affirming that the affiant shall notify the commission immediately upon any decision to cease being an owner-occupant.  (c) The affidavit shall be personally executed by all the prospective owner-occupants of the residential unit and shall not be executed by an attorney-in-fact. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-97.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-97.5 Prohibitions.

 §514B-97.5 Prohibitions. (a) No person who has executed an owner-occupant affidavit shall sell or offer to sell, lease or offer to lease, rent or offer to rent, assign or offer to assign, or convey the unit until at least three hundred sixty-five consecutive days have elapsed since the recordation of the purchase; provided that a person who continues in the use of the premises as the individual's principal residence during this period may convey or transfer the unit into a trust for estate planning purposes. Any contract or instrument entered into in violation of this subpart shall be subject to the remedies provided in section 514B-99(a).  (b) No developer, employee or agent of a developer, or real estate licensee shall violate or aid any other person in violating this subpart. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-98 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-98 Sale of residential units; developer requirements.

 §514B-98 Sale of residential units; developer requirements. (a) The developer may go to sale using either a chronological system or a lottery system at any time after issuance of an effective date for a developer's public report.  (b) For a thirty-day period following the initial date of sale of units in a condominium project, at least fifty per cent of the units being sold shall be offered for sale only to prospective owner-occupants; provided that notwithstanding this subpart, in the case of a project that includes one or more existing structures being converted to condominium status, each residential unit contained in the project first shall be offered for sale to any individual occupying the unit immediately prior to the conversion and who submits an owner-occupant affidavit and an earnest money deposit in a reasonable amount designated by the developer.  (c) Each contract for the purchase of a residential unit by an owner-occupant may be conditioned upon the purchaser obtaining adequate financing, or a commitment for adequate financing. If the sales contract is canceled, the developer shall re-offer the residential unit first to prospective owner-occupants on the back-up reservation list described in section 514B-96.5, in the order in which the names appear on the reservation list; provided that the prospective owner-occupant shall not have already executed a sales contract or reservation for a residential unit in the project.  (d) At any time, any prospective owner-occupant on the back-up reservation list may be offered any residential unit in the project that has not been sold or set aside for sale to prospective owner-occupants. [L 2005, c 93, pt of §4; am L 2006, c 273, §13]
HI Rev Stat § 514B-98.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-98.5 Enforcement.

 §514B-98.5 Enforcement. (a) Whenever the commission finds based upon satisfactory evidence that any person is violating or has violated any provision of this subpart or rules of the commission adopted pursuant thereto, the commission may conduct an investigation on the matter and bring an action in the name of the commission in any court of competent jurisdiction against the person to enjoin the person from continuing the violation or doing any acts in furtherance thereof.  (b) Before the commission brings an action in any court of competent jurisdiction pursuant to subsection (a) against any person who executed an affidavit pursuant to this subpart, it may consider whether the following extenuating circumstances affected the person's ability to comply with the law:  (1) Serious illness of any of the owner-occupants who executed the affidavit or of any other person who was to or has occupied the residential unit;  (2) Unforeseeable job or military transfer;  (3) Unforeseeable change in marital status, or change in parental status; or  (4) Any other unforeseeable occurrence subsequent to execution of the affidavit. If the commission finds that extenuating circumstances exist, the commission may cease any further action and order release of any net proceeds held in abeyance.  (c) Any individual who executes an affidavit pursuant to this subpart and who subsequently sells or offers to sell, leases or offers to lease, rents or offers to rent, assigns or offers to assign, or otherwise transfers any interest in the residential unit that the person obtained pursuant to this subpart, shall have the burden of proving the person's compliance with the requirements of this part.  (d) Upon request, the commission may require verification that a presumed owner-occupant continues to be an "owner-occupant", as defined in this subpart. If, due to a sale, lease, assignment, or transfer of the residential unit, the presumed owner-occupant is unable to verify continuing owner-occupancy status, that person may be subject to a fine in an amount equal to the profit made from the sale, lease, assignment, or transfer.  (e) The commission shall adopt rules, pursuant to chapter 91, to carry out the purposes of this subpart. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-99 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-99 Penalties.

 §514B-99 Penalties. (a) Any person who executes an affidavit required by this subpart and who violates or fails to comply with any of the provisions of this subpart or any rule adopted by the commission pursuant thereto, shall be subject to a civil penalty of up to $10,000; or fifty per cent of the net proceeds received or to be received by the person from the sale, lease, rental, assignment, or other transfer of the residential unit to which the violation relates, whichever is the greater amount.  (b) Any developer, employee or agent of a developer, or real estate licensee who violates or fails to comply with any of the provisions of this subpart or any rule adopted by the commission pursuant thereto, shall be subject to a civil penalty of up to $10,000. Each violation shall constitute a separate offense. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-99.3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-99.3 False statement.

 §514B-99.3 False statement. It shall be unlawful for any person to make a false statement in the affidavit required by this subpart or for any person to file with the commission any notice, statement, or other document required under this subpart or any rule adopted by the commission pursuant thereto which is false or contains a material misstatement or omission of fact. Any violation of this section shall be a misdemeanor punishable by a fine not to exceed $2,000, or by imprisonment for a term not to exceed one year, or both. [L 2005, c 93, pt of §4]
HI Rev Stat § 514B-99.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-99.5 Inapplicability of laws.

 §514B-99.5 Inapplicability of laws. (a) This subpart shall not apply to:  (1) A project developed pursuant to section 46-15 or 46-15.1, or chapter 53, 201H, 206, 346, or 356D; provided that the developer of the project may elect to be subject to this subpart through a written notification to the commission;  (2) Condominium projects where the developer conveys all of the residential units in the project to a spouse, or family members related by blood, descent or adoption; and  (3) Condominium projects consisting of two or fewer units.  (b) A developer of a project specified in subsection (a)(1) who elects to be subject to this subpart, or of a project developed pursuant to an affordable housing requirement established by a state or county governmental agency, may elect to waive specific provisions of this subpart that conflict with the eligibility or preference requirements imposed by the governmental agency. The developer of a project specified in subsection (a)(1) who exercises the election shall provide detailed written notification to the commission of the specific provisions that will be waived, an explanation for each waived provision, and a statement from the affected government agency that the project is either an inapplicable project pursuant to subsection (a)(1) or a project for which a governmental agency has imposed eligibility or preference requirements. A copy of this notification shall be filed with the affected governmental agency.  (c) A filing to meet the notification requirements of subsection (a)(1) or (b) shall not be construed to be an approval or disapproval of the project by the commission. [L 2005, c 93, pt of §4; am L 2007, c 249, §26; am L 2010, c 89, §10]
HI Rev Stat § 514B-101 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-101 Applicability; exceptions.

 §514B-101 Applicability; exceptions. (a) This part applies to all condominiums subject to this chapter, except as provided in subsection (b).  (b) If so provided in the declaration or bylaws, this part shall not apply to:  (1) Condominiums in which all units are restricted to nonresidential uses; or  (2) Condominiums, not subject to any continuing development rights, containing no more than five units; provided that section 514B-132 shall not be subject to these exceptions. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-102 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-102 Association; organization and membership.

 §514B-102 Association; organization and membership. (a) The first meeting of the association shall be held not later than one hundred eighty days after recordation of the first unit conveyance; provided that forty per cent or more of the project has been sold and recorded. If forty per cent of the project is not sold and recorded at the end of one year after recordation of the first unit conveyance, an annual meeting shall be called if ten per cent of the unit owners so request.  (b) The membership of the association shall consist exclusively of all the unit owners. Following termination of the condominium, the membership of the association shall consist of all former unit owners entitled to distributions of proceeds under section 514B-47, or their heirs, successors, or assigns. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-106.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-106.5 Service of process.

  §514B-106.5 Service of process. The board shall establish a policy to provide reasonable access to persons authorized to serve civil process in compliance with section 634-21.5. [L 2009, c 158, § §4, 8; am L 2011, c 65, §1]
HI Rev Stat § 514B-107 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-107 Board; limitations.

 §514B-107 Board; limitations. (a) Members of the board shall be unit owners or co-owners, vendees under an agreement of sale, a trustee of a trust which owns a unit, or an officer, partner, member, or other person authorized to act on behalf of any other legal entity which owns a unit. There shall not be more than one representative on the board from any one unit.  (b) No tenant, resident manager, or employee of a condominium shall serve on its board.  For the purposes of this subsection, "tenant" means any person who occupies a dwelling unit for dwelling purposes who is not also an owner of a dwelling unit in the same condominium.  (c) An owner shall not act as an officer of an association and an employee of the managing agent retained by the association. Any owner who is a board member of an association and an employee of the managing agent retained by the association shall not participate in any discussion regarding a management contract at a board meeting and shall be excluded from any executive session of the board where the management contract or the property manager will be discussed.  (d) Directors shall not expend association funds for their travel, directors' fees, and per diem, unless owners are informed and a majority approve of these expenses; provided that, with the approval of the board, directors may be reimbursed for actual expenditures incurred on behalf of the association. The board meeting minutes shall reflect in detail the items and amounts of the reimbursements.  (e) Associations at their own expense shall provide all board members with a current copy of the association's declaration, bylaws, house rules, and, annually, a copy of this chapter with amendments.  (f) The directors may expend association funds, which shall not be deemed to be compensation to the directors, to educate and train themselves in subject areas directly related to their duties and responsibilities as directors; provided that the approved annual operating budget shall include these expenses as separate line items. These expenses may include registration fees, books, videos, tapes, other educational materials, and economy travel expenses. Except for economy travel expenses within the State, all other travel expenses incurred under this subsection shall be subject to the requirements of subsection (d). [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §17; am L 2014, c 189, §5; am L 2017, c 71, §5]
HI Rev Stat § 514B-109 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-109 Restatement of declaration and bylaws.

 §514B-109 Restatement of declaration and bylaws. (a) Notwithstanding any other provision of this chapter or of any other statute or instrument, an association at any time may restate the declaration or bylaws of the association to set forth all amendments thereto by a resolution adopted by the board.  (b) Subject to section 514B-23, an association at any time may restate the declaration or bylaws of the association to amend the declaration or bylaws as may be required in order to conform with the provisions of this chapter or of any other statute, ordinance, or rule enacted by any governmental authority, or to correct the percentage of common interest for the project so it totals one hundred per cent, by a resolution adopted by the board. If the restated declaration is to correct the percentage of common interest for the project so that it totals one hundred per cent, the proportion of each unit owner's percentage of common interest shall remain the same in relation to the other unit owners. The restated declaration or bylaws shall be as fully effective for all purposes as if adopted by a vote or written consent of the unit owners.  Any declaration or bylaws restated pursuant to this subsection shall:  (1) Identify each portion so restated;  (2) Contain a statement that those portions have been restated solely for purposes of information and convenience;  (3) Identify the statute, ordinance, or rule implemented by the amendment; and  (4) Contain a statement that, in the event of any conflict, the restated declaration or bylaws shall be subordinate to the cited statute, ordinance, or rule.  (c) Upon the adoption of a resolution pursuant to subsection (a) or (b), the restated declaration or bylaws shall set forth all of the operative provisions of the declaration or bylaws, as amended, together with a statement that the restated declaration or bylaws correctly sets forth without change the corresponding provisions of the declaration or bylaws, as amended, and that the restated declaration or bylaws supersede the original declaration or bylaws and all prior amendments thereto. If the restated declaration corrects the percentage of common interest as provided in subsection (b), the restated declaration shall also amend the recorded conveyance instruments that govern the unit owner's interest in the unit.  (d) The restated declaration or bylaws must be recorded and, upon recordation, shall supersede the original declaration or bylaws and all prior amendments thereto. In the event of any conflict, the restated declaration or bylaws shall be subordinate to the original declaration or bylaws and all prior amendments thereto. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §19]