(a) This part applies to all condominiums subject to this chapter, except as provided in subsection (b).
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Terms Used In Hawaii Revised Statutes 514B-101

  • Declaration: means any instrument, however denominated, that creates a condominium, including any amendments to the instrument. See Hawaii Revised Statutes 514B-3
  • Development rights: means any right or combination of rights reserved by a developer in the declaration to:

    (1) Add real estate to a condominium;

    (2) Create units, common elements, or limited common elements within a condominium;

    (3) Subdivide units, combine units, or convert units into common elements;

    (4) Withdraw real estate from a condominium;

    (5) Merge projects or increments of a project; or

    (6) Otherwise alter the condominium. See Hawaii Revised Statutes 514B-3

(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 § 514B-132 shall not be subject to these exceptions.

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