HAR §15-223-49
HAR §15-223-49. Resale of the condominium unit
Cite as Haw. Code R. § 15-223-49
(a)
If the Hawaii community development authority does not
exercise its right to purchase the condominium unit,
the owner of the condominium unit may sell the unit to
an eligible buyer as defined in section 15-223-18.
When the sale of the condominium unit is to any entity
other than the Hawaii community development authority,
the former owner shall not qualify for purchase of
another condominium unit under the program.
(b)
Subject to the approval of the executive
director, a current owner of a condominium unit may
sell the unit to purchase a larger or a smaller
condominium unit under the program, provided that the
owner can furnish proof that the household size of the
owner has increased or decreased respectively, from
the time of initial purchase of a condominium unit
under the program.
[Eff AUG 2 4 2025
1
(Auth:
HRS
§§206E-292, 206E-283, 206E-284)
(Imp:
HRS §§206E-
283, 206E-284)
§15-223-50
Transfer upon the death of the
condominium owner to an heir.
(a)
Upon the death of
the owner of a condominium unit, the condominium unit
may be transferred to the deceased's heir by devise or
as any other real property under existing law,
provided that the deceased's heir qualifies as an
eligible buyer.
(b)
If the deceased's heir does not qualify as
an eligible buyer, the deceased's heir shall sell the
condominium unit to another eligible buyer as defined
in section 15-223-18 within six months from the date
of disqualification of the deceased's heir as an
eligible buyer as determined by the Hawaii community
development authority in its sole discretion.
Within
five years from the date of initial purchase of the
condominium unit, the Hawaii community development
223-13
3 6 0 3
§15-223-50
authority
shall
have
the
purchase
the
condominium
another
eligible
buyer.
HRS §§206E-292,
206E-283,
§§206E-283,
206E-284)
right
of
first
refusal
to
unit
before
it
can be sold
to
[Eff
AUG 2 4 2025
l
(Auth:
206E-284)
(Imp:
HRS
§§15-223-51
to
15-223-61
(Reserved).
SUBCHAPTER 5
ENFORCEMENT AND PENALTIES
§15-223-62
Enforcement
of
owner-occupant
requirement.
(a)
The condominium
units
shall
not
be
advertised
for
rent,
rented,
or used
for
any purpose
other
than
for
owner-occupied
residential
use
as
provided
in section
15-223-19.
(b)
The owner
of the
condominium
unit
shall
annually
submit
an acknowledgment
to
the
executive
director
attesting
that
the
owner
has
remained
an
owner-occupant
of the
condominium
unit
as provided
in
section
15-223-19.
Any condominium
unit
owner
making
a false
statement
in the
acknowledgment
shall
be
subject
to
criminal
charges
and civil
action
under
the
laws
of the
State.
[Eff
AUG
2 4 2025
]
(Auth:
HRS
§§206E-292,
206E-283)
(Imp:
HRS §206E-283)