§514B-103 - Association; registration. - Hawaii Statutes

     §514B-103  Association; registration.  (a)  Each project or association having more than five units shall:

     (1)  Secure and maintain a fidelity bond in an amount for the coverage and terms as required by section 514B‑143(a)(3).  An association shall act promptly and diligently to recover from the fidelity bond required by this section.  An association that is unable to obtain a fidelity bond may seek approval for an exemption, a deductible, or a bond alternative from the commission.  Current evidence of a fidelity bond includes a certification statement from an insurance company registered with the department of commerce and consumer affairs certifying that the bond is in effect and meets the requirement of this section and the rules adopted by the commission;

     (2)  Register with the commission through approval of a completed registration application, payment of fees, and submission of any other additional information set forth by the commission.  The registration shall be for a biennial period with termination on June 30 of each odd-numbered year.  The commission shall prescribe a deadline date prior to the termination date for the submission of a completed reregistration application, payment of fees, and any other additional information set forth by the commission.  Any project or association that has not met the submission requirements by the deadline date shall be considered a new applicant for registration and be subject to initial registration requirements.  Any new project or association shall register within thirty days of the association's first meeting.  If the association has not held its first meeting and it is at least one year after the recordation of the purchase of the first unit in the project, the developer or developer's affiliate or the managing agent shall register on behalf of the association and shall comply with this section, except for the fidelity bond requirement for associations required by section [514B-143(a)(3)].  The public information required to be submitted on any completed application form shall include but not be limited to evidence of and information on fidelity bond coverage, names and positions of the officers of the association, the name of the association's managing agent, if any, the street and the postal address of the condominium, and the name and current mailing address of a designated officer of the association where the officer can be contacted directly;

     (3)  Pay a nonrefundable application fee and, upon approval, an initial registration fee, a reregistration fee upon reregistration and the condominium education trust fund fee, as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91;

     (4)  Register or reregister and pay the required fees by the due date.  Failure to register or reregister or pay the required fees by the due date shall result in the assessment of a penalty equal to the amount of the registration or reregistration fee; and

     (5)  Report promptly in writing to the commission any changes to the information contained on the registration or reregistration application or any other documents required by the commission.  Failure to do so may result in termination of registration and subject the project or the association to initial registration requirements.

     (b)  The commission may reject or terminate any registration submitted by a project or an association that fails to comply with this section.  Any association that fails to register as required by this section or whose registration is rejected or terminated shall not have standing to maintain any action or proceeding in the courts of this State until it registers.  The failure of an association to register, or rejection or termination of its registration, shall not impair the validity of any contract or act of the association nor prevent the association from defending any action or proceeding in any court in this State. [L 2004, c 164, pt of §2; am L 2007, c 244, §6]

 

Note

 

  L 2007, c 244, §9 provides:

  "SECTION 9.  Where an association is unable to obtain the required fidelity bond of section 514B-103, the real estate commission's current fidelity bond exemption policies shall be used until such time as the real estate commission adopts rules."