HAR Chapters 119.1 through 119.8 – Condominiums (effective 3/26/26)

CHAPTER 119.1

CONDOMINIUMS - GENERAL PROVISIONS

§16-119.1-1 Applicability §16-119.1-2 Severability §16-119.1-3 Objectives §16-119.1-4 Definitions §16-119.1-5 Commission forms §16-119.1-6 Filing of other documents and information §16-119.1-7 Abandonment of incomplete registration application §16-119.1-8 Documents and information

§16-119.1-1 Applicability. Chapters 16-119.1 through 16-119.8 shall apply only to chapter 514B, HRS, and this chapter shall apply to chapters 16-119.1 through 16-119.8, which chapters must be read in conjunction. [Eff MAR 2 6 2026 (Auth: HRS §514B-61) (Imp: HRS §514B-61)

§16-119.1-2 Severability. If a court of competent jurisdiction finds any provision or provisions of this chapter to be invalid or ineffective in whole or in part, the effect of that

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decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective. [Eff MAR 2 6 2026 ] (Auth: HRS §514B-61) ( Imp: HRS §514B-61)

§16-119.1-3 Objectives. The objectives of chapters 16-119.1 through 16-119.8 are to: (1) Clarify and implement chapter 514B, HRS; (2) Protect the public; and ( 3) Serve the public interest. [Eff MAR26202o ] (Auth: HRS §514B-61) (Imp: HRS §514B-61)

§16-119.1-4 Definitions. As used in this chapter: "Association" has the same meaning as in section 514B-3, HRS. "Building permit for the project" as required by section 514B-92 (b) (3) (C) (ii), HRS, includes a building permit that could be less than a final building permit as permitted by the county. "Board" has the same meaning as in section 514B- 3, HRS. "Certificate of occupancy" means the final or temporary certificate of occupancy issued by the appropriate county agency for the structure or structures constructed on the project site. "Certify", "certified", or "certification" means affirming or an affirmation as to the facts being true to the best of the person's knowledge and belief. "Commission" means the real estate commission. "Condominium" has the same meaning as in section 514B-3, HRS. "Condominium property regime" has the same meaning as "condominium" in section 514B-3, HRS.

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"Controlling interest" as used in section 514B-3, HRS, in defining "developer" includes a financial or voting interest or both. "Department" means the department of commerce and consumer affairs. "Developer" has the same meaning as in section 514B-3, HRS. "Director" means the director of the department. "Evidence of recordation" means a file-marked dated copy of the recorded document from the bureau of conveyances or office of the registrar of the land court or a certification of the recordation from a title insurer authorized to conduct business in this State pursuant to article 20, chapter 431, HRS. "Financial institution" has the same meaning as in chapter 412, HRS. "First unit conveyance" as used in sections 514B- 102 and 514B-134(a), HRS, means the initial transfer of legal or equitable title from the developer to a person other than the developer or an affiliate of the developer. "House rules" means rules adopted by an association or a board. "Maintenance fee", unless otherwise provided in the declaration or bylaws, means an association's regular monthly assessment, including any special assessment for "common expenses" as defined in section 514B-3, HRS. "Maintenance fee" does not include any other special assessment, late charges, fines, penalties, interest assessed by the association, liens arising out of the regular monthly maintenance assessment, or fees and costs related to the collection or enforcement of the assessment, including attorney fees and court costs. "Offer for sale" is any attempt to encourage a person to acquire any legal or equitable interest in a project or proposed project unit, including by any advertisement, inducement, solicitation of letters of intent to purchase, the giving of the selling agent's name, address, or telephone number regarding a project or proposed project unit, or any attempt to encourage a person to acquire any legal or equitable interest in

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a project or proposed project unit. Preregistration solicitation pursuant to section 514B-85, HRS, is excluded from this definition. An offer for sale includes sales contracts, agreements of sale, reservation agreements, and options to purchase. "Over the telephone" as used in section 514B- 149(d), HRS, does not include a transfer made pursuant to prior written board authorization allowing the use of an electronic device or medium to transfer association funds between accounts that results in a written record of instructions made in the regular course of business. "Project" has the same meaning as in section 514B-3, HRS. "Sale [of] any units" as used in section 514B-51, HRS, means the initial sale to a member of the public, excluding a sale, transfer, or conveyance of a unit to a co-developer or affiliate of the developer. "Sale [of] any units" does not include the sale, transfer, or conveyance of a unit made pursuant to the registration exceptions of sections 514B-51(b) and 514B-81(b), HRS. "Serious illness" as used in section 514B- 98. 5 (b) ( 1) , HRS, means an illness of any owner- occupant who executed the affidavit or any other person who was to or has occupied the residential unit which illness is certified by the treating United States-licensed physician of the affiant or the person who is or was to occupy the unit in a detailed writing as arising after the date of the affidavit and meets three criteria: not previously known; serious; and likely to exist for at least the remainder of the required owner-occupant period. The certification shall also state the reason the person is not able to occupy the unit. [Eff MAR 2 6 2026 ] (Auth: HRS §514B-61) (Imp: HRS §§514B-3, 514B-51, 514B-8l(b), 514B-85, 514B-92(b) (3) (c) (ii), 514B-98.5(b) (1), 514B- 102, 514B-134(a), 514B-149(d 119.1-4

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§16-119.1-5 Commission forms. An application for registration submitted pursuant to chapter 514B, HRS, shall be made on the most recent commission approved form as provided by the commission. The commission's form shall be used in its entirety and shall not be altered. If more space is needed, additional blank pages may be used. Additional pages shall be designated by the page number and any subsequent letter; for example, page la, page lb, page le, etc. [Eff MAR 26 2026 (Auth: HRS §514B-61) (Imp: HRS §§514B-52, 514B-103)

§16-119.1-6 Filing of other documents and information. The commission may require an applicant to submit additional documents and information in support of or to complete any registration application. The commission may also require proof of any certified statement or information Rrovided or submitted to the commission. [Eff MAR262026 ] (Auth: HRS §514B-61) (Imp: HRS §§514B-52, 514B-54, 514B-56, 514B-57, 514B-61 (a), 514B-84, 514B-103)

§16-119.1-7 Abandonment of incomplete registration application. (a) An "incomplete application" as used in section 514B-52(c), HRS, or submitted pursuant to section 514B-56, HRS, includes an application that does not provide the commission with the required information, supporting documents, and adequate and accurate inclusion and disclosures of material facts, material changes, and pertinent facts as required by chapter 514B, HRS. (b) Time spent by a developer curing an incomplete application prior to assignment to a private independent consultant may or may not be included as part of the six months referenced in section 514B-52(c), HRS, at the discretion of the commission. The developer shall submit to the commission written evidence of the developer's good

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faith efforts to timely cure an incomplete application prior to assignment to an independent private consultant. [Eff MAR 26 2026 ] (Auth: HRS §514B-61) (Imp: HRS §§514B-52 (c), 514B-56)

§16-119.1-8 Documents and information. Upon the commission's issuance of an effective date for a developer's public report and any amendments thereto, the developer shall make available at the developer's office or online the public documents submitted by the developer to the commission pursuant to the condominium project registration requirements of chapter 514B, HRS, for review by prospective unit owners and purchasers. One year after the developer completes the initial sale of all units in the project, the developer may elect not to make the public report and any amendments thereto available online, provided the developer shall keep and maintain the public report and any amendments thereto for at least ten years or such other period specified in the sales contract or section 514B-70, HRS, after the one year. [Eff MAR 26 2026 ] (Auth: HRS §514B-61) (Imp: HRS §§92F-12(15), 514B-70)

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HAWAII ADMINISTRATIVE RULES

TITLE 16

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS