| 47 | | - | SECTION 1. Section 514B-31, Hawaii Revised Statutes, is amended to read as follows: "[[]§514B-31[]] Creation. (a) To create a condominium property regime, all of the owners of the fee simple interest in land shall execute and record a declaration submitting the land to the condominium property regime. Upon recordation of the master deed together with a declaration, the condominium property regime shall be deemed created. (b) The condominium property regime shall be subject to any right, title, or interest existing when the declaration is recorded if the person who owns the right, title, or interest does not execute or join in the declaration or otherwise subordinate the right, title, or interest. A person with any other right, title, or interest in the land may subordinate that person's interest to the condominium property regime by executing the declaration, or by executing and recording a document joining in or subordinating to the declaration. (c) Notwithstanding any law to the contrary, for projects in the agricultural district classified pursuant to chapter 205 that are greater than ten acres, a county may require that county approval be given prior to the creation of the condominium property regime pursuant to standards adopted by the county. Proof of this approval shall be attached to the declaration." SECTION 2. Section 514B-33, Hawaii Revised Statutes, is amended to read as follows: "§514B-33 Condominium map. (a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following: (1) A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property regime, and depicting access for the units to a public road or to a common element leading to a public road; (2) Elevations and floor plans of all buildings in the condominium property regime; (3) The layout, location, boundaries, unit numbers, and dimensions of the units; (4) To the extent that there is parking in the condominium property regime, a parking plan for the regime, showing the location, layout, and stall numbers of all parking stalls included in the condominium property regime; (5) Unless specifically described in the declaration, the layout, location, and numbers or other identifying information of the limited common elements, if any; and (6) A description in sufficient detail, as may be determined by the commission, to identify any land area that constitutes a limited common element. (b) If land submitted to the condominium property regime is located within an agricultural district in a county, the condominium map shall be accompanied by a letter signed by a county official or agency of that county certifying that the condominium property regime will conform to that county's zoning laws pursuant to section 514B-5. [(b)] (c) The condominium map may contain any additional information that is not inconsistent with this chapter." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on June 30, 3000. |
|---|
| 47 | + | SECTION 1. Section 514B-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following: (1) A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property regime, and depicting access for the units to a public road or to a common element leading to a public road; (2) Elevations and floor plans of all buildings in the condominium property regime; (3) The layout, location, boundaries, unit numbers, and dimensions of the units; (4) To the extent that there is parking in the condominium property regime, a parking plan for the regime, showing the location, layout, and stall numbers of all parking stalls included in the condominium property regime; (5) Unless specifically described in the declaration, the layout, location, and numbers or other identifying information of the limited common elements, if any; [and] (6) A description in sufficient detail, as may be determined by the commission, to identify any land area that constitutes a limited common element[.]; and (7) A condominium map for lands within an agricultural district situated in any county shall be accompanied by a letter signed by an appropriate county official or agency certifying that the condominium property regime will conform to county zoning laws pursuant to section 514B-5." SECTION 2. Section 514B-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) An application for registration of a project in the agricultural district classified pursuant to chapter 205 shall include a verified statement, signed by an appropriate county official, that the project as described and set forth in the project's declaration, condominium map, bylaws, and house rules does not include any restrictions limiting or prohibiting agricultural uses or activities, in compliance with section 205‑4.6. For projects containing greater than five units, the statement shall also include the applicant's assessment and county comments regarding the availability of supportive infrastructure, any potential impact on governmental plans and resources, sensitive environmental resources, and any other requirements pursuant to county ordinances and rules. The developer's public report shall include the verified statement in addition to the information required by section 514B-83. The commission shall not accept the registration of a project where a county official has not signed a verified statement. For projects greater than ten acres, a county may require its approval of the subdivision of land prior to the effective date of the condominium property regime." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2050. |
|---|