SB381 SD2

SECTION 1. Section 514B-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§514B-6[]] Supplemental county ordinances and rules governing a condominium property regime. [~~Whenever any county deems it proper, the county may~~] Each county shall adopt supplemental ordinances and rules governing condominium property regimes, including agricultural lands that are held in condominium property regimes, established under this chapter [~~in order to implement this program;~~] that the county determines are necessary to ensure conformance of the use and development of land held in a condominium property regime with the underlying county zoning and state land use district and the applicable development permit approvals required for the proposed use of the land; provided that any of the supplemental ordinances and rules adopted shall not conflict with this chapter or with any of the rules adopted by the commission to implement this chapter."

SECTION 2. Section 514B-32, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A declaration shall describe or include the following:

(1) The land submitted to the condominium property regime;

(2) The number of the condominium map filed concurrently with the declaration;

(3) The number of units in the condominium property regime;

(4) The unit number of each unit and common interest appurtenant to each unit;

(5) The number of buildings and projects in the condominium property regime, and the number of stories and units in each building;

(6) The permitted and prohibited uses of each unit;

(7) To the extent not shown on the condominium map, a description of the location and dimensions of the horizontal and vertical boundaries of any unit. Unit boundaries may be defined by physical structures or, if a unit boundary is not defined by a physical structure, by spatial coordinates;

(8) The condominium property regime's common elements;

(9) The condominium property regime's limited common elements, if any, and the unit or units to which each limited common element is appurtenant;

(10) The total percentage of the common interest that is required to approve rebuilding, repairing, or restoring the condominium property regime if it is damaged or destroyed;

(11) The total percentage of the common interest, and any other approvals or consents, that are required to amend the declaration. Except as otherwise specifically provided in this chapter, and except for any amendments made pursuant to reservations set forth in paragraph (12), the approval of the owners of at least sixty-seven per cent of the common interest shall be required for all amendments to the declaration;

(12) Any rights that the developer or others reserve regarding the condominium property regime, including, without limitation, any development rights, and any reservations to modify the declaration or condominium map. An amendment to the declaration made pursuant to the exercise of those reserved rights shall require only the consent or approval, if any, specified in the reservation; and

(13) A declaration, subject to the penalties set forth in section 514B‑69(b), that the condominium property regime is in compliance with all zoning and building ordinances and codes, and all other permitting requirements pursuant to section 514B‑5 and chapter 205, including section 205-4.6 where applicable[~~. In~~]; provided that:

(A) In the case of a project in the agricultural district classified pursuant to chapter 205, the declaration, subject to the penalties set forth in section 514B-69(b), shall include [an] two additional [~~statement~~] statements that [~~there~~]:

(i) There are no private restrictions limiting or prohibiting agricultural uses or activities in compliance with section 205-4.6[.]; and

(ii) The condominium property regime complies with applicable county subdivision ordinances and rules; and

(B) In the case of a property that includes one or more existing structures being converted to condominium property regime status, the declaration required by this section shall specify:

[~~(A)~~] (i) Any variances that have been granted to achieve the compliance; and

[~~(B)~~](ii) Whether, as the result of the adoption or amendment of any ordinances or codes, the project presently contains any legal nonconforming conditions, uses, or structures.

A property that is registered pursuant to section 514B‑51 shall instead provide the required declaration pursuant to section 514B‑54. If a developer is converting a structure to condominium property regime status and the structure is not in compliance with all zoning and building ordinances and codes, and all other permitting requirements pursuant to section 514B‑5, and the developer intends to use purchaser's funds pursuant to the requirements of section 514B‑92 or 514B‑93 to cure the violation or violations, then the declaration required by this paragraph may be qualified to identify with specificity each violation and the requirement to cure the violation by a date certain."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

Report Title:

Condominium Property Regimes; Agricultural Land; County Supplemental Ordinances and Rules; Condominium Property Regimes Declaration

Description:

Requires the counties to adopt supplemental ordinances and rules on condominium property regimes, including agricultural lands held in condominium property regimes. Requires the declaration that must be executed and recorded when creating a condominium property regime in the agricultural district to include an additional statement declaring that the condominium property regime complies with applicable county subdivision ordinances and rules. (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

THE SENATE	S.B. NO.	381
THIRTIETH LEGISLATURE, 2019		S.D. 2
STATE OF HAWAII