§514B-84 Developer's public report; special types of condominiums.
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§514B-84 Developer's public report; special types of condominiums.
(a)In addition to the information required by section 514B‑83, the developer's public report for a project containing any existing structures being converted to condominium status shall contain:
(1)Regarding units that may be occupied for residential use and that have been in existence for five years or more:
(A)A statement by the developer, based upon a report prepared by a Hawaii-licensed architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the units;
(B)A statement by the developer of the expected useful life of each item reported on in subparagraph
(A)or a statement that no representations are made in that regard; and
(C)A list of any outstanding notices of uncured violations of building code or other county regulations, together with the estimated cost of curing these violations;
(2)Regarding all projects containing converted structures, a verified statement signed by an appropriate county official that:
(A)The structures are in compliance with all zoning and building ordinances and codes applicable to the project at the time it was built, and specifying, if applicable:
(i)Any variances or other permits that have been granted to achieve compliance;
(ii)Whether the project contains any legal nonconforming uses or structures as a result of the adoption or amendment of any ordinances or codes; and
(iii)Any violations of current zoning or building ordinances or codes and the conditions required to bring the structure into compliance; or
(B)Based on the available information, the county official cannot make a determination with respect to the matters described in subparagraph (A); and
(3)Other disclosures and information that the commission may require.
(b)In addition to the information required by section 514B‑83, the developer's public report for a project in the agricultural district pursuant to chapter 205 shall disclose:
(1)Whether the structures and uses anticipated by the developer's promotional plan for the project are in compliance with all applicable state and county land use laws and with chapter 205, including section 205-4.6 where applicable;
(2)Whether the structures and uses anticipated by the developer's promotional plan for the project are in compliance with all applicable county real property tax laws, and the penalties for noncompliance; and
(3)Other disclosures and information that the commission may require.
(c)In addition to the information required by section 514B‑83, the developer's public report for a project containing any assisted living facility units regulated or to be regulated pursuant to rules adopted under section 321‑11(10) shall disclose:
(1)Any licensing requirements and the impact of the requirements on the costs, operations, management, and governance of the project;
(2)The nature and scope of services to be provided;
(3)Additional costs, directly attributable to the services, to be included in the association's common expenses;
(4)The duration of the provision of the services;
(5)Any other information the developer deems appropriate to describe the possible impacts on the project resulting from the provision of the services; and
(6)Other disclosures and information that the commission may require. [L 2005, c 93, pt of §4; am L 2014, c 49, §9]
Note
Condominium property regimes created prior to July 1, 2006, etc., see L 2017, c 181, §45 set forth in Note at beginning of chapter.