Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 1 - GENERAL PROVISIONS › Section 10-7-1 - Definitions

Current through June, 2024
As used in this chapter and any kanawai or governing
				  documents unless otherwise required by the context:
"Assessments" means funds collected by an association from
				  association members to operate and manage the association, maintain property
				  within the planned community or multi-family complex for the common use or
				  benefit of association members, or provide services to association
				  members.
"Association" means a nonprofit, incorporated, or
				  unincorporated organization made up of all of the lessees within a Hawaiian
				  home lands planned community or multi-family complex existing pursuant to
				  covenants running with the land. In certain circumstances, the department may
				  be part of the association.
"Board of directors" or "board" means the governing board or
				  other body, regardless of name, designated in the governing documents to act on
				  behalf of the association.
"Declarant" means the department or any person or entity to
				  which the department has assigned any or all of the rights and obligations of
				  the declarant set forth in the governing documents.
"Declaration" means any recorded instrument, however
				  denominated, that creates a Hawaiian home lands planned community or
				  multi-family complex, including any amendments to the instrument.
"Developer" means a person or entity who is contracted by the
				  department to undertake development of a planned community or multi-family
				  complex for, or in partnership with, the department.
"Governing documents" means the articles of incorporation or
				  other document creating the association, the bylaws of the association, the
				  declaration or similar organizational documents and any exhibits thereto, any
				  rules related to use of common areas, architectural control, maintenance of
				  units, restrictions on the use of units, or payment of money as regular
				  assessment or otherwise in connection with the provisions, maintenance, or
				  services for the benefit of some or all of the units, the owners, or occupants
				  of the units or common areas, as well as any amendments made to the foregoing
				  documents.
"Lot" means any plot of land designated as a lot upon any
				  recorded subdivision map of the development property and upon which a dwelling
				  unit could be or has been constructed in accordance with all relevant Hawaii
				  law. Lot shall not include the common areas.
"Member" means the lessee of a lot under a residential lease
				  from the department, or anyone included in the definition of a member under the
				  governing documents.
"Multi-family complex" means a residential development on
				  Hawaiian home lands that is subject to chapter
				  514A and
				  514B, HRS, as applicable, insofar as
				  it does not conflict with this title and the act.
"Planned community" means a residential development on
				  Hawaiian home lands that is subject to chapter
				  421J, HRS, insofar as it does not
				  conflict with this title and the act.
"Property management company" means a person or entity that
				  is contracted by the department or the developer to enter in to rental
				  agreements with renters and undertake daily operations and management of a
				  Hawaiian home lands rental housing development.
"Record" or "recorded" means to record in the bureau of
				  conveyances in accordance with chapter
				  502, HRS, or to register in the land
				  court in accordance with chapter 501, HRS, as appropriate.
"Rental agreement" means all written agreements, between a
				  renter and the property management company or department, or both, which
				  establish or modify the terms, conditions, rules, regulations, or any other
				  provisions concerning the use and occupancy of a dwelling unit and premises,
				  and may include an option to purchase.
"Rental housing development" means a Hawaiian home lands
				  housing development, which may be comprised of single family lots or
				  multi-family housing complex, or both, for which rental agreements govern the
				  terms and conditions of use and occupancy of the units. A rental housing
				  development shall be managed by a property management company.
"Renter" means a native Hawaiian who occupies a dwelling unit
				  for dwelling purposes under a rental agreement as part of a Hawaiian home lands
				  rental housing development.
"Unit" or "dwelling unit" means any portion of property, as
				  improved, intended for use and occupancy as a residence within a planned
				  community or multifamily complex.