HAR §15-223-19
HAR §15-223-19. Owner occupancy
Cite as Haw. Code R. § 15-223-19
(a) The eligible
buyer shall not use the condominium unit for any
purpose other than owner-occupied residential use.
(b) An eligible buyer shall be considered an
owner-occupant if the eligible buyer resides in the
condominium unit for at least two hundred seventy days
annually.
The owner shall submit an annual affidavit
to the executive director attesting that the owner has
resided in the condominium unit for at least two
hundred seventy days each year.
(c) The executive director may waive the
requirements of section 15-223-19(a) and (b) where the
inability of an owner to reside in the condominium
unit is due to unforeseen circumstances, military
transfer, serious illness, or other hardship
circumstances as determined by the executive director
in the executive director's sole discretion.
The
owner of the condominium unit shall file an
application of waiver of occupancy requirement to the
executive director for a determination.
The
application shall contain a statement describing the
basis for the waiver of occupancy requirement and the
estimaht% 7'j2§ion of the proposed waiver.
[Eff AUG24 ZU:
]
(Auth: HRS SS206E-292, 206E-
284)
(Imp:
HRS §206E-284)
§S15-223-20 to 15-223-30 (Reserved).
223-7
K L M
§15-223-31
SUBCHAPTER 3
MARKETING AND SALE OF NINETY-NINE YEAR LEASEHOLD
CONDOMINIUM UNIT
§15-223-31
Marketing
and sa1e
of
condominium
unit.
(a)
The Hawaii
community
development
authority
may advertise
the
sale
of condominium
units
and
qualify
and select
eligible
buyers
for
the
condominium
units.
It
may also
permit
the
developer
of the
condominium
units,
or the
developer's
designated
representative,
to be responsible
for
advertising
the
sale
of the
condominium
units
and qualifying
and
selecting
eligible
buyers
for
the
condominium
units.
(b)
Applications
for
the
purchase
of the
condominium
units
shall
be accepted
on a first-come,
first-served
or
lottery
basis.
An application
shall
be submitted
in person
by the
applicant.
Only
completed
applications
shall
be acceptable.
Applicants
shall
not
be required
to
submit
a deposit
amount
exceeding
$ 500.
[Eff
AUG 2 4 2025
]
(Auth:
HRS §§206E-292,
206E-283,
206E-284)
(Imp:
HRS
§§206E-283,
206E-284)
§15-223-32
Condominium
unit
sa1e
announcement.
For
a period
of thirty
calendar
days,
the
Hawaii
community
development
authority
or the
developer
shall
publish
or
cause
to be published
in
at
least
one
newspaper
published
daily
in the
State
and having
a
general
circulation
in
the
county
in which
the
project
is
located,
at
least
twice
a week,
or
once
a week if
paired
with
another
form
of public
notice
such
as a
designated
project
website
or
informational
meeting,
an announcement
containing
the
following
information
regarding
the
sale
of
condominium
units
in
the
project:
( 1)
(2)
The location
of the
project;
The total
number
of
condominium
units
in
the
project;
(3)
The sales
price
of the
condominium
units;
223-8
§15-223-31
SUBCHAPTER 3
MARKETING AND SALE OF NINETY-NINE YEAR LEASEHOLD
CONDOMINIUM UNIT
§15-223-31 Marketing and sale of condominium
unit.
(a)
The Hawaii community development authority
may advertise the sale of condominium units and
qualify and select eligible buyers for the condominium
units.
It may also permit the developer of the
condominium units, or the developer's designated
representative, to be responsible for advertising the
sale of the condominium units and qualifying and
selecting eligible buyers for the condominium units.
(b)
Applications for the purchase of the
condominium units shall be accepted on a first-come,
first-served or lottery basis.
An application shall
be submitted in person by the applicant.
Only
completed applications shall be acceptable.
Applicants shall not be required to submit a deposit
amount exceeding $ 500.
[Eff AUG 2 4 2025
1
(Auth:
HRS §§206E-292, 206E-283, 206E-284)
(Imp:
HRS
§§206E-283, 206E-284)