HAR §16-119.3-11. Filing of other documents

The commission may require filing of other documents, papers, data, and information to complete the condominium registration file. [Eff MAR 2,; 20?ft l (Auth: HRS §514B-61) (Imp: HRS §§514B-51', 514B-54, 514B-56, 514B-57, 514B-103) §16-119.3-12 Signature on an application for registration; developer's public report; other documents. (a) Subject to the penal ties of section 514B-69, HRS, the developer shall sign the project registration application, including the questionnaire, the developer's public report, any amendments to the developer's public report, and other documents as required by chapter 514B, HRS. Where there is more than one fee owner or lessor submitting the land to the condominium property regime, all the fee owners or lessors shall sign the project registration application, including the questionnaire, the developer's public report, any amendments to the developer's public report, and other documents as required by chapter 514B, HRS, and the commission. Fee owners or lessors may execute a power of attorney permitting one or more co-owners or co-lessors to sign on their behalf. (b) A person with any other right, title, or interest in the land electing to subordinate that person's interest to the condominium property regime, other than a lender, shall also sign the developer's public report, any amendments to the developer's public report, and other documents as required by chapter 514B, HRS, and the commission indicating that 119.3-6 3 62 6 §16-119.3-13 person's subordination and consent to the creation of the condominium property regime and registration of the condominium project. Any recorded document joining in or subordinating a person's ~nterest to the declaration shall also be submitted to the commission as part of the project registration application. (c) Where the developer is a person or entity other than the fee owner or lessor, the person or entity shall submit evidence indicating the fee owner's or lessor's consent and agreement to the creation of the condominium property regime and the project registration and sale. Evidence includes an executed declaration, power of attorney, or agreement between the developer and fee owner or lessor authorizing the developer to create and register the project with the commission and the sale of units in the condominium property regime or project. (d) The developer's name and signature on the developer's public report shall be the same name as the signatory to the executed declaration or in the name as otherwise specifically allowed by a duly executed notarized power of attorney, entity resolution, or other document. (e) The required signatures may be obtained on separate additional signature pages of the developer's public report provided that each signatory makes the same required declarations as reg~ired by the commission approved form. [Eff MAR 2 6 2026 ] (Auth: HRS §514B-61) (Imp: HRS §§514B-31, 514B-52, 514B-54) §16-119.3-13 Amendments to the developer's public report. (a) Within thirty days of any changes, material or pertinent or both, to the information and documents included in or omitted from the developer's public report, the developer shall submit to the commission an amendment to the developer's public report or an amended developer's public report clearly reflecting and disclosing the changes contained in or omitted from the developer's 119.3-7 §16-119.3-13 public report together with such supporting information as may be required by the commission. (b) Unless the commission determines otherwise, a developer shall: (1) Include in an amendment no more than two material changes or no more than five pertinent changes to a developer's public report. If there are more than two material changes or five pertinent changes, a full amended developer's public report is required; (2) Submit a full amended developer's public report following the submittal of two consecutive amendments unless the amendment or amendments pertain solely to updating the name and address of the project or the address, electronic mail, and telephone number of the developer's agent if that agent relocates or changes its name where the agent remains the same legal entity or both. A full amended developer's public report is a restated developer's public report including all amendments. A developer may elect to submit a full amended developer's public report in lieu of an amendment; and (3) Submit with any amendment a title report dated not more than forty-five days prior to the date of filing of any proposed amendment with the commission. A developer may request that an administrative review be conducted by commission staff to determine that a proposed amendment does not warrant the submission of a current updated title report. Examples warranting the non- submission of a current updated title report include but are not limited to the correction of typographical errors, non- substantive errors, or both. (c) If the current updated title report reflects no further encumbrances against title, the developer shall include language in the amendment or amended 119.3-8 2 §16-119.3-13 developer's public report that there are no further encumbrances against title. (d) In determining whether a prospective purchaser or purchaser cannot easily ascertain, determine, or understand the changes included or added by any proposed amendment or included in any amended developer's public report, the commission may consider the totality of the factors as set forth in this subsection. (e) Amendments made to a developer's public report for a project containing any existing structures being converted to condominium status which may be occupied for residential use and that have been in existence for five years or more shall include at minimum the following disclosures: (1) Any outstanding notices of uncured violations of any building, plumbing, and electrical codes and of any other federal, state, and county regulations received or known to the developer within the last six months prior to the submission of the amendment. The update shall include but not be limited to information discovered by a developer's review of relevant federal, state, and county records; and (2) The estimated cost of curing any building, plumbing, and electrical codes and other federal, state, and county regulations or violations. (f) Any amendment shall be read together with a previous developer's public report or read by itself as an amended developer's public report. The developer shall provide notice to the prospective purchaser or purchaser and the principal broker of any amendments made to the developer's public report. [Eff MAR 26 2026 ] (Auth: HRS §514B-61) (Imp: HRS §§514B-52, 514B-54, 514B-56, 514B-57, 514B-61, 514B-83) 119.3-9 3 6 2 6