HAR §15-223-19

HAR §15-223-19. Owner occupancy

Last amended: 2025Length: 589 wordsOfficial source

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)