§514A-102 Announcement, publication. (a) At least once in each of the two successive weeks following the issuance of an effective date of the first public report for the condominium project, the developer shall cause to be published in the classified section of at least one newspaper published daily in the State with a general circulation in the county in which the project is to be located, and, if the project is located other than on the island of Oahu, in at least one newspaper which is published at least twice weekly in the county in which the project is to be located, an announcement containing a summary of at least the following information:

(1) The location of the project;

(2) A statement of:

(A) The total number of apartments to be included in the project;

(B) The number of apartments designated as residential units;

(D) The approximate size of the units; and

(E) A designation whether the units are fee simple or leasehold;

(3) A statement of the intended use, such as, but not limited to, commercial, time sharing, or vacation rental, of any apartment in the project other than a residential unit designated for use by an owner-occupant;

(4) A statement of the residential units by apartment numbers that have been designated by the developer pursuant to section 514A-103, and that such apartments shall initially be offered for a thirty-day period after the first publication of the announcement to only prospective owner-occupants who will use the residential units as their principal residences for a period of not less than three hundred sixty-five consecutive days;

(5) A statement of the availability and number of residential units in the project that are "accessible" and "adaptable," as those terms are defined and interpreted in 24 Code of Federal Regulations §100 et seq., for persons with disabilities;

(6) A statement that the residential units that have been designated by the developer pursuant to section 514A-103 shall be offered to prospective purchasers:

(A) Chronologically in the order in which the purchasers submit to the developer a completed owner-occupant affidavit, an executed sales contract, and an earnest money deposit in a reasonable amount designated by the developer; or

(B) In an order determined by a public lottery, to be held at a date, time, and place specified in the announcement; provided that any person interested in participating in the lottery shall submit a completed owner-occupant affidavit to the developer or designated real estate broker by a date designated by the developer; and

(7) The name, telephone number, and address of the developer or the real estate broker, who shall be designated by the developer, whom any interested individual may contact to secure an owner-occupant affidavit, public report, and to obtain further information on the project.

(b) Within thirty days of the issuance of an effective date of the first public report for the condominium project, the developer shall file with the commission proof of publication of the announcement required under subsection (a).

(c) The developer or the developer's broker shall also provide a copy of the announcement and the first public report for the condominium project to each prospective purchaser and by certified mail, delivered to the addressee only, return receipt requested, to any individual occupying such unit immediately prior to any conversion. [L 1980, c 189, pt of §2; am L 1982, c 79, §1; am L 1985, c 164, §§1, 5; am L 1986, c 295, §8; am L 1990, c 283, §3; am L 1992, c 50, pt of §2; am L 1997, c 135, §13]