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