Hawaii · statute · Haw. Rev. Stat. ch. 514E · 48 active provisions
As used in this chapter, unless the context otherwise requires: "Acquisition agent" means any person, other than a developer or sales agent, who, for compensation, solicits or encourages others to attend a time share sales presentation or to contact a time share sales agent or developer; provided that this term shall n…
The director shall appoint a time share administrator, who shall not be subject to chapter 76, to administer this chapter. The administrator shall be responsible for the performance of the duties conferred upon the director by this chapter.
(a) The temporal division of any interest in real property shall not, in and of itself, affect its status as real property. (b) Whether a time share plan is a time share ownership plan or time share use plan, for purposes of chapter 467 a time share interest shall constitute "real estate" and the offer or sale thereof…
(a) Except as provided in section 467-2, no sales agent shall act or assume to act as a real estate salesperson or a real estate broker without a license previously obtained under and in compliance with chapter 467 and the rules and regulations of the real estate commission. (b) Except as provided in section 467-2, no…
(a) The plan manager, if any, shall collect and pay real property and transient accommodations taxes due on the time share units or occupants under the plan manager's authority as the agent of the owners of the individual units or temporal divisions thereof. The liability of the individual owners of the units, or tempo…
The several counties shall, by amendment of their zoning ordinances, limit the location of time share units, time share plans and other transient vacation rentals, within such areas as are deemed appropriate.
(a) Except as provided in this section, time share units, time share plans, and transient vacation rentals are prohibited. (b) Existing time share units, time share plans, and transient vacation rentals are not impaired by the provisions of this section. (c) Time share units, time share plans, and transient vacation re…
(a) A foreign time share plan may obtain an exemption from the requirements of this chapter as provided in this section. (b) The developer of a foreign time share plan shall pay an exemption fee of $100 and file the following minimum information pertaining to the foreign time share plan with the director: (1) The name…
(a) If the project in which the time share unit or time share plan is to be created contains an existing time share unit or time share plan, then time share units and plans [shall] be regulated according to the terms of the project instruments. (b) If the project in which the time share unit or time share plan is to be…
Voting rights for any apartment units designated or sold as time share units shall be as provided in rules adopted by the director of the department of commerce and consumer affairs; provided the rules shall seek to provide reasonable protection for persons who own partial interests in or rights to occupy the units.
If time share units, or transient vacation rentals are located in the same project as private residential units, charges for the maintenance of common elements assessed against time share and transient vacation rental units may exceed the charges assessed against other units by as much as fifty per cent; provided that…
Within seven calendar days after the execution of the contract to purchase an interest in a time share plan, or within seven calendar days after the purchaser's receipt of a disclosure statement required by this chapter, whichever occurs later, either party may cancel the contract without penalty by mailing or deliveri…
(a) A time share plan may establish classes of time share interests defined by characteristics as the developer shall determine, including but not limited to season, unit size, location, view, or otherwise. (b) If one or more of the time share units will not be available for the entire duration of the time share plan t…
(a) A developer shall not offer or dispose of a time share unit or a time share interest unless the one-to-one use-right to use-night requirement is currently satisfied and will continue to be satisfied for the duration of the time share plan. (b) The time share instruments shall contain provisions assuring satisfactio…
(a) Any offering of a time sharing plan to the public shall disclose: (1) The name and address of the developer and of the time share units; (2) The name and address of the plan manager, if any, and a description of the plan manager's responsibilities and authority; (3) A description of the time share units, including…
The purchaser of a time share interest shall be provided a copy of the disclosure statement filed with and accepted by the director concurrently with the execution of a sales contract. The disclosure statement shall be provided in printed form unless the purchaser indicates in a separate writing the purchaser's electio…
(a) An exchange agent (including the developer if it is also an exchange agent) shall distribute not less than annually to each purchaser of a time share interest participating in the exchange program materials containing written information which shall include the following: (1) The manner in which the program is oper…
(a) An owner of an interest in a time share plan duly registered under this chapter who is not licensed under chapter 467 and provides the name and address of a prospective purchaser or otherwise refers a prospective purchaser of an interest in the same time share plan to a developer, sales agent, or resale agent of th…
(a) A developer shall not offer or dispose of a time share unit or a time share interest unless the disclosure statement required by section 514E-9 is filed with the director pursuant to the time specified in this chapter, or the development is exempt from filing, and the time share plan to be offered by the developer…
(a) Notwithstanding any other provision of this chapter, the director may issue a limited permit to a developer permitting the offer or sale, in this State, of an additional interest in a time share plan to an existing purchaser in the same time share plan; provided that: (1) The developer or an affiliated entity of th…
(a) For each fiscal year, the plan manager, or the board of the association if there is no plan manager, shall adopt an operating budget and distribute copies to all members of the association. The budget shall contain at least the following: (1) The estimated revenues and operating expenses of the association; (2) Inf…
The director may contract with private consultants in connection with the review of the filing required of time share developers pursuant to section 514E-10(a) and (e). The cost of contracting private consultants shall be borne by the developer; provided that the consultant review required under this section shall not…
It is a violation of this chapter for any sales agent or acquisition agent of time share units or plans to: (1) Fail to comply with the disclosure requirements set forth in section 514E-9 or any rule adopted pursuant thereto; (2) Use any promotional device, including but not limited to entertainment, prizes, gifts, foo…
It shall constitute an unfair or deceptive practice, within the meaning of chapter 480, for any developer, acquisition agent, or sales agent of time share units or plans to: (1) Use any promotional device, including but not limited to entertainment, prizes, gifts, food and drinks, games, or other inducements without fu…
(a) Whenever it shall appear to the director, upon complaint or otherwise, that any person has engaged in, is engaged in, or is about to engage in any act, practice or transaction in violation of this chapter or the rules of the director adopted pursuant thereto, the director may conduct an investigation of the matter.…