HAR §16-119.2-3
HAR §16-119.2-3. CHAPTER 119
Length: 450 wordsOfficial source
Cite as Haw. Code R. § 16-119.2-3
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CONDOMINIUMS -
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Use of developer's public report for
advertising
Name on advertising
§16-119. 2-1
Advertisement.
(a)
"Advertisement"
is a written or verbal statement or communication by
or on behalf of a developer or developer's affiliate
which is intended or designed to generate inquiries or
offers to purchase or induces or attempts to induce a
prospective unit owner or purchaser to purchase.
The
term includes but is not limited to: direct contact;
publications; radio or television broadcasts; mass
media; videos; electronic media including electronic
mail, text messages, social media, social networking
websites, and the internet; business stationery,
cards, and signs; billboards; notices; brochures;
flyers; information sheets; newspapers; magazines;
mailings; announcements; displays; and verbal or
physical presentations, including drawings,
renderings, or models.
(b)
Discussions or other communications with
existing tenants initiated by a building owner or
developer regarding possible conversion of the
119.2-1
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§16-119.2-1
building to condominium status is not an
advertisement.
(c)
An advertisement shall indicate that the
project is a condominium. An advertisement shall not
give any appearance that the project is subdivided or
a subdivision unless the project is legally subdivided
or a subdivision.
Terms commonly used to describe
separately subdivided lots or parcels, including but
not limited to, "lot", "parcel", and "single family"
shall not be used alone to identify, describe, or
designate individual units and limited common
elements.
The descriptive terms "single family",
"home", or "residence" may be used to describe
individual units only if used in conjunction with the
word "condominium", e.g., "condominium homes" or
"single family condominium residences".
(d)
Unless approved as a subdivision by the
county government, all documents including
declarations, bylaws, maps, advertising, developer's
public reports, amendments, exhibits, and any other
document provided to a prospective purchaser or
purchaser, or made part of a public record, shall not
have references or provide illustrations that indicate
or imply that the condominium project is a subdivision
or that the lots are subdivided lots.
(e)
Dotted or dashed lines may be used to
delineate limited common element or common element
boundaries.
A written disclosure shall appear beside
dotted or dashed lines stating that the lines are for
identification purposes only and should not be
construed to be the property lines of legally
subdivided lots.
Solid lines shall not be utilized to
delineate limited common elements or common elements.
Any metes and bounds descriptions or square footage
figures of land areas shall be clearly and
specifically identified as the condominium project's
total land area, its common element land area, or as
the li»i-i tect6 common element land area.
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(Auth:
HRS §514B-61)
(Imp:
HRS
§§514B-60, 514B-94, 514B-95 to 514B-99.5)
119.2-2
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