§514B-84 - Developer's public report; special types of condominiums. - Hawaii Statutes

     [§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;

     (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]