HAR §16-119.1-4. Definitions

As used in this chapter: "Association" has the same meaning as in section 514B-3, HRS. "Building permit for the project" as required by section 514B-92 (b) (3) (C) (ii), HRS, includes a building permit that could be less than a final building permit as permitted by the county. "Board" has the same meaning as in section 514B- 3, HRS. "Certificate of occupancy" means the final or temporary certificate of occupancy issued by the appropriate county agency for the structure or structures constructed on the project site. "Certify", "certified", or "certification" means affirming or an affirmation as to the facts being true to the best of the person's knowledge and belief. "Commission" means the real estate commission. "Condominium" has the same meaning as in section 514B-3, HRS. "Condominium property regime" has the same meaning as "condominium" in section 514B-3, HRS. 119.1-2 3 6 2 6 §16-119.1-4 "Controlling interest" as used in section 514B-3, HRS, in defining "developer" includes a financial or voting interest or both. "Department" means the department of commerce and consumer affairs. "Developer" has the same meaning as in section 514B-3, HRS. "Director" means the director of the department. "Evidence of recordation" means a file-marked dated copy of the recorded document from the bureau of conveyances or office of the registrar of the land court or a certification of the recordation from a title insurer authorized to conduct business in this State pursuant to article 20, chapter 431, HRS. "Financial institution" has the same meaning as in chapter 412, HRS. "First unit conveyance" as used in sections 514B- 102 and 514B-134(a), HRS, means the initial transfer of legal or equitable title from the developer to a person other than the developer or an affiliate of the developer. "House rules" means rules adopted by an association or a board. "Maintenance fee", unless otherwise provided in the declaration or bylaws, means an association's regular monthly assessment, including any special assessment for "common expenses" as defined in section 514B-3, HRS. "Maintenance fee" does not include any other special assessment, late charges, fines, penalties, interest assessed by the association, liens arising out of the regular monthly maintenance assessment, or fees and costs related to the collection or enforcement of the assessment, including attorney fees and court costs. "Offer for sale" is any attempt to encourage a person to acquire any legal or equitable interest in a project or proposed project unit, including by any advertisement, inducement, solicitation of letters of intent to purchase, the giving of the selling agent's name, address, or telephone number regarding a project or proposed project unit, or any attempt to encourage a person to acquire any legal or equitable interest in 119.1-3 6 2 6