HAR §15-307-145

HAR §15-307-145. Repair of repurchased dwelling unit

Last amended: 2022Length: 509 wordsOfficial source

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, 307-42 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)
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