§514A-108 - Inapplicability of part or sections. - Hawaii Statutes

     §514A-108  Inapplicability of part or sections.  (a)  This part shall not apply to a project developed pursuant to section 46-15 or 46-15.1, or chapter 53, 201H, 206, or 356D; provided that the developer of the project may elect to be subject to this part through a written notification to the commission.

     (b)  This part shall not apply to condominium projects where the developer intends to convey, and does in fact convey, all of the residential apartment units in the project to a spouse or family members related by blood, descent or adoption.

     (c)  This part shall not apply to condominium projects consisting of two or fewer apartments.

     (d)  A developer of a project specified in subsection (a) electing to be subject to this part or a project developed pursuant to an affordable housing condition or provision by a state or county governmental agency may elect to waive specific provisions of this part that conflict with the eligibility or preference requirements imposed by the governmental agency.  The developer of a project specified in subsection (a) who exercises the election shall provide detailed written notification to the commission of the specific provisions that will be waived, an explanation for each waived provision, and a statement from the affected government agency that the project is either an inapplicable project pursuant to subsection (a) or a project whereby a governmental agency has imposed eligibility or preference requirements.  A copy of this notification shall be filed with the affected governmental agency.

     (e)  Such filing to meet the notification requirements of subsection (a) or (d) shall not be construed to be an approval or disapproval of the project by the commission. [L 1980, c 189, pt of §2; am L 1985, c 164, §§4, 5; am L 1988, c 333, §1; am L 1992, c 50, pt of §2; am L 1997, c 135, §17 and c 350, §§15, 16; am L 1998, c 212, §46; am L 2000, c 210, §11; am L 2007, c 249, §25]