reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 6 - PREEXISTING TIME SHARE UNIT › Section 16-106-25 - Preexisting time share unit

Current through June, 2024
(a) Except as to
				the geographic limitation set forth in section
				514E-5,
				HRS, preexisting time share units and time share plans for preexisting time
				share units shall comply with the requirements of this chapter and chapter
				514E, HRS, by January 1,
				1981.
(b) Time share units not
				qualifying for preexisting status by June 29, 1980, shall be subject to the
				provisions of section
				514E-5,
				HRS.
(c) A developer, sales agent,
				or plan manager shall submit evidence, such as an agreement, contract, or
				document, at the time of registration of any preexisting time share units or
				preexisting time share plan to show that each unit or plan was created prior to
				June 29, 1980.
(d) A form for
				registration of any preexisting time share units or preexisting time share plan
				shall be prescribed by the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 6 - PREEXISTING TIME SHARE UNIT › Section 16-106-26 - Persons responsible for registration of preexisting time share plan

Current through June, 2024
In addition to the requirements of chapter
				  514E, HRS, and this chapter, a
				  developer, sales agent, or plan manager shall submit to the director at the
				  time of registration of the preexisting time share plan a certified statement
				  setting forth the location of the plan, the number of time share units in the
				  plan, the nature of ownership of the units, the ownership or use periods, the
				  date and an explanation of the manner in which the time share plan was created,
				  the number of purchasers who purchased time share interests in the plan, and
				  the name and address of the plan manager for the plan.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 6 - PREEXISTING TIME SHARE UNIT › Section 16-106-27 - Plan manager for preexisting time share plan

Current through June, 2024
A preexisting time share plan shall have a plan manager. Any
				  provision relating to a plan manager in this chapter shall be applicable to the
				  plan manager for a preexisting time share plan.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 7 - MIXED-USE PROJECT › Section 16-106-29 - Mixed-use project containing existing time share unit or plan

Current through June, 2024
Additional time share units shall not be created in a
				  mixed-use project containing an existing time share unit or time share plan and
				  any residential unit, unless time share units are allowed in the project
				  pursuant to section
				  514E-5,
				  HRS, and section
				  514E-6,
				  HRS, and all of the requirements of this chapter relating to the use are
				  met.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 8 - STATUTE AND RULES RELATING TO TIME SHARING › Section 16-106-31 - Statute and rules available

Current through June, 2024
A developer or sales agent shall:
(1) Have a copy of chapter
				514E, HRS, and a copy of this
				chapter available for inspection by any prospective purchaser;
(2) Advise each prospective purchaser at the
				time any interest in a time share plan is offered for sale in this State or
				out-of-state that copies of the statute and rules are available for inspection;
				and
(3) Provide copies of chapter
				514E, HRS, and this chapter upon
				request and payment of a reasonable amount to defray printing costs.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 9 - PLAN MANAGER'S ACCOUNT AND ESCROW ACCOUNT › Section 16-106-33 - Plan manager's account

Current through June, 2024
A plan manager shall establish and maintain an account with
				  a bank, savings and loan association, or trust company authorized to do
				  business in this State for the deposit of any moneys received by the plan
				  manager in connection with the management of the time share plan. An account
				  with a bank, savings and loan association, or trust company doing business in
				  another state may be established upon approval by the
				  director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 9 - PLAN MANAGER'S ACCOUNT AND ESCROW ACCOUNT › Section 16-106-34 - Escrow account required for deposit of purchaser's funds, notes, and contracts

Current through June, 2024
(a) A developer for
				a time share plan shall establish and maintain an escrow account for the
				deposit of all funds, negotiable instruments, and purchase money contracts
				received before closing from or on behalf of purchasers or prospective
				purchasers of interests in the time share plan. The developer or sales agent
				designated by the developer for the time share plan, resale agent, however, may
				hold until the expiration of the seven-day cancellation period provided by
				section
				514E-8,
				HRS, and section 16-106-20, or any longer purchaser cancellation period
				provided in the sales contract, a negotiable instrument or purchase money
				contract made by a purchaser:
(1) For which
				subsequent holders cannot claim holder in due course status within the meaning
				of article 3 of chapter
				490, HRS; or
(2) Where the payee is:
(A) The escrow agent; or
(B) The trustee of a lien payment trust
				established pursuant to section
				514E-19,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 9 - PLAN MANAGER'S ACCOUNT AND ESCROW ACCOUNT › Section 16-106-36 - Account open for inspection

Current through June, 2024
A developer and sales agent, or plan manager, shall provide
				  any information on the respective accounts maintained by each party to the
				  director upon written request. The account shall be subject to inspection upon
				  reasonable notice by the director or a representative of the director. If the
				  accounting records are not kept in this State, the provisions on inspections
				  and production of records in section
				  16-106-12(f) 
				  shall apply.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 10 - ADVERTISING AND PROMOTIONAL MATERIAL › Section 16-106-38 - Filing of advertising and promotional material

Current through June, 2024
(a) No
				advertisements, promotional brochures, circulars, pamphlets, handouts, or other
				material shall be published or used by a developer, acquisition agent, sales
				agent, or OPC in connection with the sale of any interest or interests in a
				time share plan unless copies of these materials are filed with the director at
				least fifteen days prior to use.
(b) No radio or television advertisements or
				any standard verbal sales presentation shall be used by a developer,
				acquisition agent, or sales agent in connection with the sale of any interest
				or interests in a time share plan unless copies of verbatim scripts relating to
				these advertisements or a sales presentation are filed with the director at
				least fifteen days prior to use.
(c) Any audio-visual material used in
				connection with a sales presentation for a time share plan shall be produced
				for examination upon the request of the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 10 - ADVERTISING AND PROMOTIONAL MATERIAL › Section 16-106-39 - Requirements for promotional literature and other printed or written material

Current through June, 2024
(a) The following
				caption shall be included on all promotional literature and other printed or
				written material used in connection with the sale of any interest or interests
				in a time share plan; provided that the caption shall be printed in capital
				letters of twenty-four point bold type or type as large as the largest printing
				or writing elsewhere in the material:
"THIS IS A TIME SHARING SALES PRESENTATION. ANY PURCHASER
				  HAS, UNDER THE LAW, A SEVEN-DAY RIGHT OF RESCISSION OF ANY TIME SHARING SALES
				  CONTRACT."
Failure to include this caption on any printed or written
				  material shall constitute an unfair or deceptive trade practice within the
				  meaning of chapter
				  480, HRS, and shall be a violation of
				  chapter
				  514E, HRS, and this chapter.
(b) Any written invitation used in
				connection with any time share advertising or sales promotion plan which offers
				a prospective purchaser a prize or gift, conditioned upon the attendance of the
				prospective purchaser at a sales presentation, shall contain the following
				written disclosure; provided that the disclosure is furnished to the
				prospective purchaser at the time the prospective purchaser is notified of the
				prize or gift; and provided further that the disclosure shall be written or
				printed in a size equal to at least ten point bold type:
(1) A full description of the exact prize or
				gift won by the prospective purchaser, including the cash value of the prize or
				gift;
(2) All terms and conditions
				attached to the prize or gift;
(3)
				A statement that the prospective purchaser must attend a sales presentation;
				and
(4) An identification of the
				time share plan to be offered for sale, including type of ownership, exchange
				privileges, limitations, and price ranges of the time share interests in the
				plan.
Failure to provide the written disclosure required in this
				  subsection shall constitute an unfair or deceptive trade practice within the
				  meaning of chapter
				  480, HRS, and shall be a violation of
				  chapter
				  514E, HRS, and this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 11 - BOND › Section 16-106-40 - Plan manager's bond

Current through June, 2024
(a) A plan manager
				shall at all times maintain a bond, naming the time share owners association
				and all time share owners as obligees, covering all of its directors, officers,
				employees, agents, and volunteers having control of or access to moneys of the
				plan manager or moneys which are collected, held, managed, or disbursed by the
				plan manager in the performance of its duties as plan manager for a time share
				plan. The bond shall cover any loss of money or other property the plan
				manager, time share owners association and time share owners may sustain as a
				result of any fraud, dishonesty, forgery or alteration, larceny, theft,
				embezzlement, unlawful obstruction, misapplication, misplacement, destruction
				or misappropriation, or any other dishonest or criminal act or omission, or
				infidelity to duty of or by any director, officer, employee, agent, or
				volunteer of the plan manager, and may contain at least the following
				provisions:
(1) That the surety shall provide,
				not less frequently than annually, written assurances to the director and to
				the time share owners association that the bond is in full force and
				effect;
(2) That the surety may not
				cancel the bond without giving at least thirty days prior written notice to the
				director and to the time share owners association of the cancellation of the
				bond;
(3) That the prosecution or
				conviction or both of a director, officer, employee, agent, or volunteer of the
				plan manager shall not be a condition precedent to recovery on the
				bond;
(4) That knowledge of
				defalcations shall not be imputed to the plan manager where a director,
				officer, employee, agent, or volunteer other than the offending party has
				knowledge of the defalcations;
(5)
				That the identification of a specific offending party shall not be a condition
				precedent to recovery on the bond; provided that it is conclusively shown that
				loss has occurred as a result of the actions of a director, officer, employee,
				agent, or volunteer of the plan manager;
(6) That the surety expressly acknowledges
				the plan manager's status (if such be the case) as an independent contractor or
				agent of the time share owners association, and that coverage under the bond
				shall not be affected thereby;
(7)
				That the bond may not be changed or amended without the prior written consent
				of the director; and
(8) That the
				surety waives any defense based upon the exclusion of volunteers or other
				persons who serve without pay from coverage under the bond.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 11 - BOND › Section 16-106-40.1 - Acquisition agent's bond

Current through June, 2024
(a) An acquisition
				agent not licensed pursuant to chapter
				467, HRS, shall at all times be
				bonded in the amount of $25,000 by a surety company authorized to do business
				in the State or file a cash bond in an equivalent amount with the director to
				cover any violation by the acquisition agent and any of its employees, agents,
				or independent contractors of any solicitation ordinances or other regulations
				governing the use of the premise or premises in which a time share plan is
				promoted.
(b) An acquisition agent
				shall provide evidence that a bond which satisfies the requirements of
				subsection (a) has been secured for each time share plan with which the
				acquisition agent is affiliated.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 11 - BOND › Section 16-106-41 - Beneficiary of bond

Current through June, 2024
Any bond required under this chapter shall inure to the
				  benefit of purchasers who suffer loss as a result of any violations,
				  defalcations, or default described in section
				  514E-10(b)
				  and (d), HRS, or any rule adopted pursuant
				  thereto.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 11 - BOND › Section 16-106-42 - Cancellation of bond

Current through June, 2024
(a) A surety
				company may cancel the bond by giving thirty days notice in writing to the
				director and to the time share owners association; provided that cancellation
				of the bond shall not relieve a surety company from liability for any cause of
				action arising out of acts which may have occurred during the period of the
				bond.
(b) A registrant who has
				filed a cash bond may cancel the bond by giving thirty days notice in writing
				to the director; provided that the security for the bond shall not be returned
				for a period of six years after the effective date of cancellation of the
				bond.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 12 - COUNTY ZONING REGULATIONS › Section 16-106-45 - Evidence of compliance with county regulation required

Current through June, 2024
The developer of a time share plan, in conjunction with the
				  submission of an application for registration of a time share plan as required
				  by chapter
				  514E, HRS, and this chapter, shall
				  provide confirmation that each time share unit or time share plan is located in
				  an area designated by the county for time share use; provided that no
				  confirmation is required for preexisting time share units. Confirmation shall
				  be provided on a form prescribed by the director and completed by the proper
				  county authority not more than thirty days before the date of submission of the
				  application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 13 - PROHIBITED AND DECEPTIVE TRADE PRACTICES › Section 16-106-46 - Practices prohibited

Current through June, 2024
(a) It shall be a
				violation of chapter
				514E, HRS, and this chapter for any
				sales agent or acquisition agent for any time share plan or unit to:
(1) Fail to comply with the disclosure
				requirements set forth in section
				514E-9, HRS,
				or any rule adopted pursuant thereto;
(2) Use any promotional device without fully
				disclosing that the device is being used for the purpose of soliciting sales of
				any interest or interests in time share units or a time share plan;
(3) Offer a prospective purchaser a prize or
				gift, in writing, as part of any time share advertising or sales promotion plan
				if in order to claim the prize or gift the prospective purchaser must attend a
				sales presentation, unless the written disclosure set forth in section
				514E-11(3),
				HRS, and section 16-106-39(b) is provided at the time the prospective purchaser
				is notified of the prize or gift;
(4) Misrepresent or deceptively represent any
				material fact concerning the time share unit offered or sold, including, but
				not limited to:
(A) The amount of time or
				period of time the unit will be available to any purchaser;
(B) The location or locations of the time
				share unit;
(C) The size, nature,
				extent, qualities, or characteristics of the time share unit;
(D) The nature or extent of any services
				incident to the time share unit;
(E) The rights of a purchaser, if any, to
				exchange the purchaser's occupancy rights to a unit in one location for
				occupancy rights to a unit in another location; or
(F) The contents of the contract or other
				document or the purchaser's rights, privileges, or benefits
				thereunder;
(5) Fail to
				honor or comply with all provisions of a contract or reservation agreement with
				the purchaser;
(6) Include, in any
				contract or reservation agreement, provisions purporting to waive any right or
				benefit provided for purchasers pursuant to chapter
				514E, HRS;
(7) Receive from any prospective purchaser
				any money, property (including but not limited to a credit card), or other
				valuable consideration prior to signing a contract or reservation agreement for
				the purchase of a time share unit; and
(8) Make a sales presentation to a
				prospective purchaser before delivering, furnishing, or tendering to that
				prospective purchaser any promised promotional device or other
				instrument.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 13 - PROHIBITED AND DECEPTIVE TRADE PRACTICES › Section 16-106-47 - Deceptive trade practices

Current through June, 2024
It shall constitute an unfair or deceptive trade practice
				  within the meaning of chapter
				  480, HRS, and shall be a violation of
				  chapter 514E, HRS, for any developer, acquisition agent, or sales agent
				  to:
(1) Engage in the prohibited
				practices set forth in section 16-106-46(a), paragraphs (2), (3), and
				(4);
(2) Fail to inform each
				purchaser orally and in writing, at the time the purchaser signs the contract
				to purchase an interest or interests in a time share unit or plan, of the
				purchaser's seven-day right to cancel or void the contract;
(3) Misrepresent in any manner the
				purchaser's right to cancel or void any contract to purchase a time share
				interest in a time share unit or plan;
(4) Fail or refuse to honor any valid notice
				of cancellation of the contract by the purchaser and fail or refuse to refund
				all payments made under the contract or sale within fifteen business days after
				receipt of the cancellation notice; or fail or refuse to cancel and return any
				negotiable instrument executed by the buyer in connection with the contract or
				sale and take any appropriate action to terminate promptly any mortgage, lien,
				or other security interest created in connection with the
				transaction;
(5) Fail to include on
				promotional literature and other printed or written material the caption
				required by section
				514E-11.1(7),
				HRS, and section 16-106-39(a); and
(6) Fail to orally disclose during the
				initial oral contact with a prospective purchaser that any promised promotional
				device is being offered for the purpose of soliciting sales of time share
				interests in time share units or a time share plan.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 14 - SUSPENSION OR REVOCATION OF REGISTRATION › Section 16-106-49 - Cause for suspension or revocation

Current through June, 2024
The director may suspend or revoke the registration of a
				  developer, acquisition agent, sales agent, OPC, plan manager, or exchange agent
				  for violation by the registrant or any of its employees of any of the
				  provisions of chapter
				  514E, HRS, or any rules adopted
				  pursuant thereto, after a hearing conducted pursuant to chapters
				  91 and
				  92, HRS, and chapter 16-201, the
				  administrative practice and procedure rules of the department, or if the
				  director determines that any registrant has failed to comply with a temporary
				  cease and desist order issued by the director pursuant to section
				  514E-12(b),
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 15 - OUTSIDE PUBLIC CONTACT › Section 16-106-50 - OPC to be employed by broker

Current through June, 2024
The OPC at all times shall be employed either directly or
				  indirectly by a licensed real estate broker who shall also be registered as a
				  time share sales agent or acquisition agent. A real estate broker who employs
				  an OPC who is not licensed pursuant to chapter
				  467, HRS, shall be responsible for
				  the acts of the OPC.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 15 - OUTSIDE PUBLIC CONTACT › Section 16-106-51 - Limitation on activity of OPC

Current through June, 2024
(a) The sole
				function of the OPC shall be to contact invitees to attend a time share sales
				presentation which shall be conducted by a licensed real estate broker or
				salesperson.
(b) The OPC shall not
				respond to questions regarding the time share plan being promoted at the time
				share sales presentation or participate in or conduct any portion of the sales
				presentation. Questions regarding the time share plan shall be referred to a
				licensed real estate broker or salesperson.
(c) The OPC shall conduct business activities
				only from the licensed real estate broker's place of business or a booth
				operated by the broker. The OPC may distribute handbills or similar materials
				which otherwise conform to the requirements of this chapter from outside the
				booth but must perform all business activities from the booth. For the purposes
				of this section, the term "business activities" shall mean signing up
				individuals for sales presentations, exchanging moneys, or accepting deposits
				of moneys. A licensed real estate broker or salesperson need not be physically
				present at the place of business or in the booth when the OPC contacts
				invitees; provided that the OPC remains in the booth at all times when
				conducting business activities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 15 - OUTSIDE PUBLIC CONTACT › Section 16-106-52 - Disclosure to be made by OPC

Current through June, 2024
The OPC shall verbally inform the invitee of the
				  following:
(1) Any promised
				entertainment, prizes, gifts, food and drinks, games, or other inducement
				offered at the time share sales presentation are being offered for the purpose
				of soliciting sales of time share interests in time share units or
				plans;
(2) The name of the time
				share program; and
(3) The name of
				the time share company the OPC represents.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 15 - OUTSIDE PUBLIC CONTACT › Section 16-106-53 - Location of booth

Current through June, 2024
The location of any booth operated by the licensed real
				  estate broker shall be in compliance with applicable state or county laws,
				  ordinances, or rules. Information on the location of the booth shall be
				  provided to the director on a form prescribed by the director. No booth shall
				  be operated until an application containing the information required herein has
				  been accepted by the director. The application shall be deemed accepted if the
				  director has not acted upon the application within sixty days following receipt
				  of the same.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 17 - VOTING RIGHTS FOR APARTMENT UNITS DESIGNATED FOR TIME SHARE USE › Section 16-106-58 - Voting rights for apartment units designated or sold as time share units

Current through June, 2024
(a) The time share
				instruments creating or regulating any time share plan in a condominium project
				or apartment building shall include provisions governing:
(1) Voting rights of each time share owner in
				the time share owners association;
(2) The manner in which each time share
				unit's vote in the association of apartment owners shall be cast by the owners
				of the time share unit;
(3) The
				voting rights of a time share purchaser under an agreement of sale;
(4) Whether meetings of the board of
				directors of the time share owners association shall be open to all members of
				the time share owners association;
(5) The use of proxies; and
(6) The maintenance of a membership list of
				the members of the time share owners association;
Provided that if the time share plan is created in a
				  condominium project, these provisions shall be subject to the provisions of the
				  condominium project's declaration of horizontal property regime and
				  bylaws.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 1 - GENERAL PROVISIONS › Section 16-107-1 - Objective

Current through June, 2024
These rules adopted by the real estate commission, hereafter
				  referred to as "commission," are intended to clarify and implement chapter
				  514A, Hawaii Revised Statutes, to the end that the provisions thereunder may
				  best be effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 1 - GENERAL PROVISIONS › Section 16-107-2 - Definitions

Current through June, 2024
Definitions of terms found in section
				  514A-3,
				  HRS, shall be adopted by reference. In addition, the following definitions
				  shall be included:
"Apartment" means unit.
"Apartment owner" means unit owner.
"Administrative rules and regulations" means house
				  rules.
"Certificate of occupancy" means and include the first
				  certificate of occupancy or temporary certificate of occupancy issued for the
				  structure or structures constructed on the project site.
"Determination", as used in section
				  514A-87(b),
				  HRS shall include, but not be limited to, house rules.
"Disclosure abstract" means the abstract referred to in
				  section
				  514A-61,
				  HRS.
"First conveyance" means and includes the initial transfer
				  of title or equitable title from developer by way of deed, lease, assignment of
				  lease or agreement of sale.
"Material respect" as used in section
				  514A-63,
				  HRS means:
(1) Any change in the use, size, construction materials or
				  location of an apartment or any limited common element appurtenant thereto as
				  determined by the commission;
(2) Any addition, deletion, or change in the common elements
				  which affects their size, use or construction materials as determined by the
				  commission; or
(3) Any change in the percentage of common interest, and any
				  other change as determined by the commission.
"Offer for sale" means and includes any advertisement,
				  inducement, solicitation of letters of intent to purchase, or any attempt of
				  whatever nature to encourage any person to acquire any legal or equitable
				  interest in any condominium unit. The method used in offering for sale shall
				  include, but not be limited to, sales contracts, agreements of sales,
				  reservation agreements, options to purchase, solicitation or acquiring of
				  interested parties list whether general or specific, posting of signs
				  indicating that the project is a condominium project, or giving of the selling
				  agent's name or address or telephone number.
"Verified statement" means a sworn and notarized
				  statement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 2 - REQUIREMENTS FOR FILING HORIZONTAL PROPERTY REGIMES › Section 16-107-3 - Filing of parking plan

Current through June, 2024
If the parking stalls are designated as limited common
				  elements, the developer shall submit with his notice of intention a definite
				  parking assignment plan specifying the unit each parking stall is appurtenant
				  to. The parking plan shall indicate whether each stall is a regular size and
				  covered or uncovered.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 2 - REQUIREMENTS FOR FILING HORIZONTAL PROPERTY REGIMES › Section 16-107-4 - Filing of construction plan

Current through June, 2024
Prior to the issuance of a final public report, the
				  developer shall file with the commission a copy of the complete construction
				  plan and attached thereto shall be a verified statement of a registered
				  architect or professional engineer of this State certifying that the plan is an
				  accurate copy of the plan as filed with and approved by the county or city and
				  county officer having jurisdiction over the issuance of permits for
				  construction of buildings. In lieu of the foregoing, the developer may submit a
				  copy of the complete construction plan and attached thereto shall be a verified
				  statement of a registered architect or professional engineer of this State that
				  the plans fully and accurately depicts the layout, location, apartment numbers,
				  and dimensions of the apartments as built. On an existing structure, the
				  commission may accept a site plan, floor plan of each floor, and elevation plan
				  and attached thereto shall be an as built certificate of a registered architect
				  or professional engineer of this State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 2 - REQUIREMENTS FOR FILING HORIZONTAL PROPERTY REGIMES › Section 16-107-5 - Method in computing percentage of common interest

Current through June, 2024
At the time of filing the notice of intention, the developer
				  shall submit a written explanation of the method of formula used in computing
				  the percentage of common interest appurtenant to the condominium
				  units.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 2 - REQUIREMENTS FOR FILING HORIZONTAL PROPERTY REGIMES › Section 16-107-6 - Method of computing floor area

Current through June, 2024
The floor area of the apartment or unit shall be computed
				  and reported in the declaration and commission's public report as net living
				  area. The net living area of the enclosed portion of the apartment shall be
				  measured from the interior surface of the apartment perimeter walls. Areas of
				  lanai or patio, which are considered as part of the apartment, shall be
				  computed and reported separate from the enclosed apartment
				  area.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 2 - REQUIREMENTS FOR FILING HORIZONTAL PROPERTY REGIMES › Section 16-107-7 - Escrow arrangement

Current through June, 2024
Purchasers' monies received by an escrow prior to the
				  issuance of a final public report shall be deposited in a trust fund with a
				  bank, savings and loan association, or trust company authorized by the bank
				  examination division, department of regulatory agencies, to do business under
				  an escrow arrangement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 2 - REQUIREMENTS FOR FILING HORIZONTAL PROPERTY REGIMES › Section 16-107-8 - Evidence of sufficient funds to complete the total project cost

Current through June, 2024
Developer's statement of satisfactory evidence of sufficient
				  funds as prescribed under section
				  514A-40(3),
				  HRS, shall be a verified statement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 2 - REQUIREMENTS FOR FILING HORIZONTAL PROPERTY REGIMES › Section 16-107-9 - Evidence of performance bond

Current through June, 2024
In lieu of a performance bond of not less than 100 per cent
				  of the construction cost called for in section
				  514A-49(5),
				  HRS, the commission may accept an irrevocable letter of credit issued by a
				  federally insured lending institution authorized by the bank examination
				  division, department of regulatory agencies, committing funds for 100 per cent
				  of the construction cost.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 2 - REQUIREMENTS FOR FILING HORIZONTAL PROPERTY REGIMES › Section 16-107-10 - Filing of disclosure abstract

Current through June, 2024
At the time of filing the notice of intention, the developer
				  shall submit a copy of his disclosure abstract, which will become an exhibit to
				  the initial public report issued by the commission. The disclosure abstract
				  shall be dated. In the event there occurs any change or changes to the
				  information contained in the original disclosure abstract, the developer shall
				  prepare and submit to the commission a copy of an amended disclosure abstract
				  which shall be dated. It shall be the responsibility of the developer to
				  provide to each prospective initial purchaser a copy of the original abstract
				  and/or the amended abstract. Upon the issuance of the original and/or the
				  amended abstract to each prospective initial purchaser by the developer or its
				  sales agent, the prospective initial purchaser shall execute a dated receipt of
				  the original and/or amended abstract. Receipts taken shall be kept on file in
				  possession of the developer subject to inspection at any reasonable time by the
				  commission or its authorized representative for a period of three years from
				  the date the receipt was taken.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 2 - REQUIREMENTS FOR FILING HORIZONTAL PROPERTY REGIMES › Section 16-107-11 - Filing of other documents

Current through June, 2024
The commission may require filing of other documents,
				  papers, data and information to complete the condominium registration
				  file.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 3 - PUBLIC REPORTS › Section 16-107-16 - Copies of public reports

Current through June, 2024
Five copies of each public report shall be furnished the
				  developer by the commission at no charge; if additional copies are necessary,
				  they will be secured by the developer at his expense. Copies of the public
				  report shall be of the color prescribed by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 3 - PUBLIC REPORTS › Section 16-107-17 - Public report not to be represented as approval of project

Current through June, 2024
A developer shall not make any representations to cause or
				  lead a prospective purchaser to believe that the commission's public report is
				  an approval of a project.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 3 - PUBLIC REPORTS › Section 16-107-18 - Issuance of public reports to purchasers and prospective purchasers

Current through June, 2024
Copies of all public reports issued for the project shall be
				  given to purchasers and prospective purchasers of a unit in the condominium
				  project in a sale of such unit by the developer after a cancellation of an
				  original sale or the repossession of such unit as in the case of an original
				  sale of such unit; this requirement shall equally apply to a sale subsequent to
				  any sham or collusive sale by the developer designed to avoid the giving of
				  such reports.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 3 - PUBLIC REPORTS › Section 16-107-19 - Expiration of public reports

Current through June, 2024
Sales contracts executed during any period the commission's
				  most recent public report is not in effect may be rescinded at the option of
				  the purchaser and all monies refunded to purchaser. Purchaser's right to
				  rescind contained in this rule shall be voided thirty calendar days after
				  receipt of written notification of his rescission rights from the developer or
				  his agent.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 3 - PUBLIC REPORTS › Section 16-107-20 - Offer for sale to nonowner-occupant

Current through June, 2024
Developers, agents, or developer's representatives are
				  prohibited from making any offer for sale of residential units to a
				  nonowner-occupant prior to issuance of the commission's preliminary or final
				  public report for the project.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 4 - ADVERTISEMENTS › Section 16-107-23 - Filing of advertisement materials

Current through June, 2024
Circulars, prospectus, brochures, pamphlets, leaflets, and
				  all other advertising and promotional material on the condominium plan or
				  project shall not be issued, circulated or published before a copy thereof
				  shall have been previously filed with the commission. Such filing shall not be
				  construed to mean an approval by the commission of the advertising and
				  promotional material.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 4 - ADVERTISEMENTS › Section 16-107-24 - Use of public report for advertising

Current through June, 2024
The commission's public report shall not be used for
				  advertising purposes unless the report is used in its entirety. No portion of
				  the report shall be underscored, italicized, or printed in larger or heavier
				  type than the remainder of the report, unless the true copy of the report
				  furnished by the commission so indicates.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 4 - ADVERTISEMENTS › Section 16-107-25 - Publication of announcement

Current through June, 2024
The publication of announcement called for under HRS §
									514A-102
				  shall be published not less than two days per week in two successive
				  weeks.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 5 - REQUIREMENTS FOR OWNER-OCCUPANT SALES › Section 16-107-28 - Sales exempt from owner-occupant requirements

Current through June, 2024
Residential condominium projects built in a county zoned or
				  designated hotel and resort areas shall be exempt from the provisions of Part
				  VI, Sales to Owner-Occupants, of chapter
				  514A, HRS. Residential condominium
				  projects situated in Waikiki shall not be exempt from the provisions of Part
				  VI, Sales to Owner-Occupants, of chapter
				  514A, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 5 - REQUIREMENTS FOR OWNER-OCCUPANT SALES › Section 16-107-29 - Filing of copy of newspaper announcement and proof of publication

Current through June, 2024
The developer shall file with his notice of intention a copy
				  of the newspaper announcement and proof of publication of announcement in the
				  form of an affidavit from the newspaper agency or company. The affidavit shall
				  contain the dates announcements appeared in the newspaper.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 5 - REQUIREMENTS FOR OWNER-OCCUPANT SALES › Section 16-107-30 - Filing of specimen copies of forms

Current through June, 2024
The developer shall file with his notice of intention a
				  specimen copy of the following forms which he proposes to use in connection
				  with sales of residential units to owner-occupants:
(1) Affidavit of intent to become an
				owner-occupant of a residential unit;
(2) Reservation agreement between developer;
				and
(3) Sales contract between
				owner-occupant and developer.
In addition to the above specimen forms, developers
				  converting existing residential units to residential condominium units shall
				  submit a specimen copy of the ninety-day notice to the existing tenants. The
				  ninety-day notice shall contain notice of tenants first right of refusal to
				  purchase the unit occupied by tenant prior to conversion.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-61 - Objective

Current through June, 2024
This subchapter implements the requirements of section
				  514A-83.6,
				  HRS, that all condominium associations must follow budgets and establish
				  statutory replacement reserves. These rules try to ensure that each owner in a
				  condominium project pays a fair share of the short-term and long-term costs of
				  operating the project, based on the owner's period of
				  ownership.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-63 - Effective date for establishing statutory replacement reserves

Current through June, 2024
(a) The requirements of this section shall be
				subject to the transitional rules stated in section 16-107-64 and the emergency
				rules stated in section 16-107-67.
(b) Each budget year, beginning in the 1993
				budget year, the board of an existing association shall prepare and adopt an
				annual operating budget for the following budget year. Each annual operating
				budget shall include assessments sufficient to fund the association's statutory
				replacement reserves for the year to which the budget relates. Each budget
				year, beginning with the 1994 budget year, the association shall assess and
				collect at least its statutory replacement reserves for that budget
				year.
(c) Each budget year,
				beginning in the year of a new association's first annual meeting, the board of
				the new association shall prepare and adopt an annual operating budget for the
				following budget year. Each annual operating budget shall include assessments
				sufficient to fund the association's statutory replacement reserves for the
				year to which the budget relates. Each budget year, beginning in the first
				budget year after the new association's first meeting, the association shall
				collect at least its statutory replacement reserves for that budget
				year.
(d) For those projects where
				the declaration has been recorded but the association has not held its first
				meeting by the later of either:
(1) December 31, 1995; or
(2) That date which is thirty-six months after the filing of
				  the declaration,
then at least once each calendar year, commencing with the
				  calendar year immediately following such later date, the developer shall,
				  unless the developer owns one hundred per cent of the apartments in the
				  project, notify in writing each apartment owner of the manner in which
				  replacement reserves for future project maintenance and repairs are being
				  addressed.
(1) The purpose for establishing replacement reserves;
(2) A general summary of the replacement reserve requirements
				  that would apply to associations under chapter
				  514A, HRS, and this subchapter,
				  which held their first meetings before January 1, 1993, instead of after
				  January 1, 1993, which general summary may be in such form as the commission
				  may provide;
(3) Whether any replacement reserve studies have been
				  prepared for the project; and
(4) The amount of replacement reserves, if any, being
				  collected as part of the owners' maintenance fees, or otherwise being funded by
				  the developer, and the manner in which those reserves were
				  established.