§514A-11 Recordation and contents of declaration. The bureau of conveyances and the land court shall immediately set up the mechanics and method by which recordation of a master deed or lease and the declaration may be made. Provisions shall be made for the recordation of instruments affecting the individual apartments on subsequent resales, mortgages, and other encumbrances, as is done with all other real estate recordations; provided that land court certificates of title shall not be issued for apartments. The declaration to which section 514A-20 refers shall express the following particulars:
(1) Description of the land, whether leased or in fee simple, on which the building or buildings and improvements are or are to be located;
(2) Description of the building or buildings, stating the number of stories and basements, the number of apartments, and the principal materials of which it or they is or are constructed or to be constructed;
(3) The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, immediate common element to which it has access, designated parking stall if considered a limited common element, and any other data necessary for its proper identification;
(4) Description of the common elements;
(5) Description of the limited common elements, if any, stating to which apartments their use is reserved;
(6) The percentage of undivided interest in the common elements appertaining to each apartment and its owner for all purposes, including voting;
(7) Statement of the purposes for which the building or buildings and each of the apartments are intended and restricted as to use;
(8) The name of a person to receive service of process in the cases hereinafter provided, together with the residence or place of business of the person which shall be within the county in which the property is located;
(9) Provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, or restore the property in the event of damage or destruction of all or part of the property;
(10) Any further details in connection with the property that the person executing the declaration may deem desirable to set forth consistent with this chapter;
(11) The method by which the declaration may be amended, consistent with this chapter; provided that an amendment to the declarations of all condominium projects existing as of May 22, 1991, and all condominium projects created thereafter shall require a vote or written consent of seventy-five per cent of all apartment owners, except as otherwise provided in this chapter; provided further that the declarations of condominium projects having five or fewer apartments may provide for the amendment thereof by a vote or written consent of more than seventy-five per cent of all apartment owners;
(12) Description as to any additions, deletions, modifications, and reservations as to the property, including without limitation provisions concerning the merger or addition of later phases of the project. To the extent provided in the declaration, an amendment to the declaration that is made to implement those additions, deletions, modifications, reservations, or merger provisions shall require the vote or written consent of only the declarant or such percentage of apartment owners as is provided in the declaration; and
(13) A declaration subject to the penalties set forth in section 514A-49(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 514A-1.6, and specifying in the case of a property which includes one or more existing structures being converted to condominium status:
(A) Any variances which have been granted to achieve such compliance; and
(B) Whether, as the result of the adoption or amendment of any ordinances or codes, the project presently contains any legal non-conforming uses or structures;
except that a property that is registered pursuant to section 514A-31 shall instead provide this declaration pursuant to [section] 514A-40. [L 1977, c 98, pt of §2 and c 176, §2; am L 1979, c 93, §1; am L 1982, c 160, §1; am L 1984, c 109, §1; am L 1991, c 44, §1 and c 124, §1; am L 2000, c 251, §3]
Note
Section 514A-1.6 referred to in paragraph (13) is repealed.
Revision Note
"May 22, 1991" substituted for "the effective date of this Act".
Attorney General Opinions
Agreement between condominium owners and the developer involving the management and rental of the apartments to the public is subject to Securities Act. Att. Gen. Op. 66-12.
Law Journals and Reviews
Condominiums and The Sale of Securities Act. 4 HBJ, Feb 1967, at 4.
Honolulu's Ohana Zoning Law: To Ohana or Not to Ohana. 13 UH L. Rev. 505.
Case Notes
Regime; when created. 50 H. 540, 445 P.2d 109.
Amendment of declaration. 62 H. 188, 613 P.2d 1315.
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