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. 7-2 e:,41 §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 7-3
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