(a) A developer‘s public report shall contain:

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Terms Used In Hawaii Revised Statutes 514B-83

  • Commission: means the real estate commission of the State. See Hawaii Revised Statutes 514B-3
  • Common elements: means :

    (1) All portions of a condominium other than the units; and

    (2) Any other interests in real estate for the benefit of unit owners that are subject to the declaration. See Hawaii Revised Statutes 514B-3

  • Completion of construction: means the earliest of:

    (1) The issuance of a certificate of occupancy for the unit;

    (2) The date of completion for the project, or the phase of the project that includes the unit, as defined in section 507-43;

    (3) The recordation of the "as built" amendment to the declaration that includes the unit;

    (4) The issuance of the architect's certificate of substantial completion for the project, or the phase of the project that includes the unit; or

    (5) The date the unit is completed so as to permit normal occupancy. See Hawaii Revised Statutes 514B-3

  • Contract: A legal written agreement that becomes binding when signed.
  • conversion: means the submission of a structure to a condominium property regime more than twelve months after the completion of construction; provided that structures used as sales offices or models for a project and later submitted to a condominium property regime shall not be considered to be converted structures. See Hawaii Revised Statutes 514B-3
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Declaration: means any instrument, however denominated, that creates a condominium, including any amendments to the instrument. See Hawaii Revised Statutes 514B-3
  • Developer: means a person who undertakes to develop a real estate condominium project, including a person who succeeds to the interest of the developer by acquiring a controlling interest in the developer or in the project. 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

  • Project: means a real estate condominium project; a plan or project whereby a condominium of two or more units located within the condominium property regime are created. See Hawaii Revised Statutes 514B-3
  • Unit: means a physical or spatial portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described in the declaration or pursuant to § 514B-35, with an exit to a public road or to a common element leading to a public road. See Hawaii Revised Statutes 514B-3
(1) The name and address of the project, and the name, address, telephone number, and electronic mail address, if any, of the developer or the developer’s agent;
(2) A statement of the deadline, pursuant to § 514B-89, for completion of construction or, in the case of a conversion, for the completion of any repairs required to comply with § 514B-5, and the remedies available to the purchaser, including but not limited to cancellation of the sales contract, if the completion of construction or repairs does not occur on or before the completion deadline;
(3) A breakdown of the annual maintenance fees, which includes the annual reserve contributions based on a reserve study, and the monthly estimated cost for each unit, certified to have been based on generally accepted accounting principles, and a statement regarding when a purchaser shall become obligated to start paying the fees pursuant to section 514B-41(b);
(4) A description of all warranties for the individual units and the common elements, including the date of initiation and expiration of any such warranties, or a statement that no warranties exist;
(5) A summary of the permitted uses of the units and, if applicable, the number of units planned to be devoted to a particular use;
(6) A description of any development rights reserved to the developer or others;
(7) A declaration, subject to the penalties set forth in section 514B-69(b), that the project is in compliance with all county zoning and building ordinances and codes, chapter 205, including section 205-4.6 where applicable, and all other county permitting requirements applicable to the project, pursuant to sections 514B-5 and 514B-32(a)(13); and
(8) Any other facts, documents, or information that would have a material impact on the use or value of a unit or any appurtenant limited common elements or amenities of the project available for an owner’s use, or that may be required by the commission.
(b) A developer shall promptly amend the developer’s public report to report any pertinent or material change or both in the information required by this section.

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