HAR §16-119.8-1
HAR §16-119.8-1. Registration of an association
Cite as Haw. Code R. § 16-119.8-1
(a)
Notwithstanding that an associati6n has minimal or no
expenses for maintenance of the common elements, and
except as provided in subsection (c), each project or
association having more than five units shall register
with the commission and obtain a fidelity bond as
required by section 514B-103, HRS, and chapters
16-119.1 through 16-119.8.
(b)
An association shall register with the
commission in the name as it appears on the recorded
declaration of the condominium property regime.
Any
name change shall be evidenced by an amendment to the
119.8-1
3 6 2 6
§16-119.8-1
declaration made pursuant to section 514B-32(a) (11),
HRS, and where the association has incorporated, a
document evidencing that the entity is properly
registered with the business registration division of
the department.
(c)
If so provided in a project's declaration
and bylaws, this section shall not apply to:
(1)
Condominiums in which all units are
restricted to nonresidential uses; or
(2)
Condominiums that contain no more than five
units and are not subject to any continuing
development right.
(d)
The board, developer or developer's
affiliate, or managing agent on behalf of the
association shall be responsible for registering and
reregistering the association pursuant to section
514B-103, HRS, including maintaining the required
fidelity bond, provided that the board or developer or
developer's affiliate may delegate in writing the
completion of the registration and reregistration to a
managing agent.
[Eff MAR 2 6 2026
]
(Auth:
HRS
§§514B-61, 514B-101)
(Imp:
HRS §§514B-103, 514B-143)
§16-119.8-2
Fai1ure to provide evidence of
fide1ity bond.
Failure to provide evidence to the
commission of continuous fidelity bond coverage
throughout an entire biennial registration period
prior to the expiration of the fidelity bond shall
result in the automatic termination of the association
registration.
[Eff
MAR 2 6 2026
(Auth:
HRS
§514B-61)
(Imp:
HRS §§514B-103, 514B-143)