HAR §15-307-145
HAR §15-307-145. Repair of repurchased dwelling unit
Cite as Haw. Code R. § 15-307-145
(a) After a dwelling unit is repurchased by the
corporation pursuant to section 201H-51, HRS, the
corporation shall determine whether or not the
dwelling unit should be repaired.
(b) If the corporation determines that the
dwelling unit should be repaired, then it may retain
the services of one or more design professionals and
307-41
contractors for the purpose of repairing the dwelling
unit.
(c) If the corporation determines that the
dwelling unit should not be repaired, then it may
retain the services of one or more contractors for the
purpose of destroying the dwelling unit. [Eff
12/04/10; comp 4/28/17; comp 1/15/22; comp
] (Auth: HRS §§201H-4, 201H-51) (Imp: HRS §201H-51)
§15-307-146 Resale or rental of repaired
dwelling unit. (a) After a repurchased dwelling unit
is repaired by the corporation, the dwelling unit
shall be first offered for sale to the former owner
pursuant to section 15-307-147(a).
(b) If the former owner fails to exercise his or
her first right of refusal provided for under section
15-307-147(a), then the corporation may proceed to
resell or rent the repaired dwelling unit pursuant to
section 15-308-61; provided, however, that any sale
of the dwelling unit shall be subject to the former
owner's rights under section 15-307-147(c). [Eff
12/04/10; comp 4/28/17; am and comp 1/15/22; comp
] (Auth: HRS §§201H-4, 201H-51) (Imp: HRS §201H-51)
§15-307-147 Former owner's right of first
refusal. (a) A former owner of a dwelling unit shall
have the right of first refusal regarding the resale
by the corporation of a dwelling unit repurchased from
him or her under this subchapter; provided[, however,]
that the former owner has not yet purchased a dwelling
unit pursuant to section 15-307-148.
(b) Under this section, after a dwelling unit
repurchased from the former owner by the corporation
under this subchapter is repaired, the corporation
shall first offer the dwelling unit for sale to the
former owner for a price equal to the repurchase price
paid by the corporation for the dwelling unit and
subject to the restrictions set forth in sections
201H-47 and 201H-34, HRS, and the shared appreciation
program restriction in effect at the time of
repurchase. If the former owner rejects the offer,
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then the corporation may offer the dwelling unit for
sale to persons other than the former owner at the
price and subject to the restrictions set forth in
this subsection.
(c) If the corporation is unable to sell the
dwelling unit under the terms and conditions set forth
in subsection (b), then the corporation may offer the
dwelling unit for sale under new terms and conditions
that may differ from those specified in subsection
(b); provided[, however,] that the corporation shall
first offer the dwelling unit for sale to the former
owner under the new terms and conditions. If the
former owner rejects the offer, then the corporation
may offer the dwelling unit for sale to persons other
than the former owner under the new terms and
conditions. [Eff 12/04/10; comp 4/28/17; am and
comp 1/15/22; am and comp ] (Auth: HRS
§§201H-35, 201H-51) (Imp: HRS §201H-51)