HAR §15-305-38

HAR §15-305-38. Sales price

Length: 580 wordsOfficial source

Cite as Haw. Code R. § 15-305-38

(a) The sales price of the leased fee interest in a residential lot to the lessee of the lot shall be that amount of money that will enable the corporation to recover the total cost of acquiring the lot. 305-19 qrs tu §15-305-38 (b) The total cost of acquisition shall include: (1) The actual cost of acquisition determined by negotiation or by eminent domain proceedings; (2) Any and all court costs; (3) The cost of appraisal not previously paid for pursuant to section 15-305-35; (4) Any other tract costs incurred by the corporation; (5) An amount sufficient to pay the principal and interest on bonds issued or to be issued, or other financing, for the purpose of carrying out chapter 516, HRS; and (6) An amount sufficient to create and maintain a reserve to enable the corporation to make the largest amount of principal and interest payments which may be due on such bonds in any one year. (c) Any unused balance of the initial deposit and additional deposit paid to the corporation by a lessee shall be credited to the sales price of the residential lot of the lessee. (d) The executive director may take whatever action the executive director deems necessary to collect the costs and fees set forth in this section from the lessee, including the automatic deductions of the costs and fees from the initial deposit and additional deposit made by the lessee in accordance with section 15-305-11. [Eff .ILJM ] (Auth: HRS §516-7) (Imp: HRS §§516-t', •~1J..-tQ07516-24, 516-26, 516-30, 516-32) 305-20  §15-305-38 (b) The total cost of acquisition shall include: (1) The actual cost of acquisition determined by negotiation or by eminent domain proceedings; (2) Any and all court costs; (3) The cost of appraisal not previously paid for pursuant to section 15-305-35; (4) Any other tract costs incurred by the corporation; (5) An amount sufficient to pay the principal and interest on bonds issued or to be issued, or other financing, for the purpose of carrying out chapter 516, HRS; and (6) An amount sufficient to create and maintain a reserve to enable the corporation to make the largest amount of principal and interest payments which may be due on such bonds in any one year. (c) Any unused balance of the initial deposit and additional deposit paid to the corporation by a lessee shall be credited to the sales price of the residential lot of the lessee. (d) The executive director may take whatever action the executive director deems necessary to collect the costs and fees set forth in this section from the lessee, including the automatic deductions of the costs and fees from the initial deposit and additional deposit made by the lessee in accordance with section 15-305-11. [Eff " J JN, ] (Auth: HRs s516-7) (Imp: HRs ss5i6-f'LJ55400416-24, 516-26, 516-30, 516-32) 305-20 SUBCHAPTER 4 MISCELLANEOUS PROVISIONS §15--305-42 §15~305-41 Zoning changes. All lessors shall notify their lessees when applying for a change in zoning if the lessees reside within three-fourths mile of the land proposed to be rezoned. Notice to the lessees shall be in writing or published in a newspaper of general circulation at least thirty calendar days before filing the rezoning application with the appropriate public zoning authority. A copy of the notice shall be submitted to the corporation at the time of mailing to the lessees or publication. [Eff JUN 15 2nn1 ] (Auth: HRS §516-7) (Imp: HRS § § 516 - 6 , 5 16 - ~-·'i)