HAR §10-7-1
HAR §10-7-1. Definitions
Length: 380 wordsOfficial source
Cite as Haw. Code R. § 10-7-1
As used in this chapter
and any kanawai or governing documents unless
otherwise required by the context:
"Assessments" means funds collected by an
association from association members to operate and
manage the association, maintain property within the
planned community or multi-family complex for the
common use or benefit of association members, or
provide services to association members.
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§10-7-1
"Association" means a nonprofit, incorporated, or
unincorporated organization made up of all of the
lessees within a Hawaiian home lands planned community
or multi-family complex existing pursuant to covenants
running with the land.
In certain circumstances, the
department may be part of the association.
"Board of directors" or "board" means the
governing board or other body, regardless of name,
designated in the governing documents to act on behalf
of the association.
"Declarant" means the department or any person or
entity to which the department has assigned any or all
of the rights and obligations of the declarant set
forth in the governing documents.
"Declaration" means any recorded instrument,
however denominated, that creates a Hawaiian home
lands planned community or multi-family complex,
including any amendments to the instrument.
"Develo~er" means a person or entity who is
contracted by the department to undertake development
of a planned community or multi-family complex for, or
in partnership with, the department.
"Governing documents" means the articles of
incorporation or other document creating the
association, the bylaws of the association, the
declaration or similar organizational documents and
any exhibits thereto, any rules related to use of
common areas, architectural control, maintenance of
units, restrictions on the use of units, or payment of
money as regular assessment or otherwise in connection
with the provisions, maintenance, or services for the
benefit of some or all of the units, the owners, or
occupants of the units or common areas, as well as any
amendments made to the foregoing documents.
"Lot" means any plot of land designated as a lot
upon any recorded subdivision map of the development
property and upon which a dwelling unit could be or
has been constructed in accordance with all relevant
Hawaii law. Lot shall not include the common areas.
"Member" means the lessee of a lot under a
residential lease from the department, or anyone
included in the definition of a member under
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