HAR §15-223-49

HAR §15-223-49. Resale of the condominium unit

Last amended: 2025Length: 433 wordsOfficial source

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)