§514A-61 Disclosure requirements. (a) Each developer of a project subject to this chapter shall prepare and provide to each prospective initial purchaser an abstract which shall contain the following:
(1) The name and address of the project, and the name, address, and telephone number of the developer or the developer's agent and of the project manager or the project manager's agent;
(2) A breakdown of the annual maintenance fees and the monthly estimated cost for each apartment, revised and updated at least every twelve months and certified to have been based on generally accepted accounting principles;
(3) A description of all warranties for the individual apartments and the common elements, including the date of initiation and expiration of any such warranties; and if no warranties exist, the developer shall state that no warranties exist;
(4) A statement of the proposed number of apartments to be used for residential or hotel use in a mixed-use project containing apartments for both residential and hotel use;
(5) A statement of the extent of commercial or other nonresidential development in the project.
(b) In the case of a project which includes one or more existing structures being converted to condominium status:
(1) A statement by the declarant, based upon a report prepared by an independent Hawaii registered architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the condominium;
(2) A statement by the declarant of the expected useful life of each item reported on in paragraph (1) or a statement that no representations are made in that regard;
(3) A list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the cost of curing these violations;
(4) A statement whether the project is on a lot, or has structures or uses, which do not conform to present zoning requirements;
provided that paragraphs (1), (2), and (3) apply only to apartments that may be occupied for residential use, and only to apartments that have been in existence for five years.
(c) This section shall be administered by the commission. The commission may waive the requirements of subsections (a) and (b) if the information required to be contained in the disclosure abstract is included in the commission's public report on the project.
(d) Notwithstanding any other provision to the contrary, this section shall not apply to a time share project duly registered under chapter 514E if, with regard to that time share project:
(1) A copy of the disclosure statement required by chapter 514E is required to be delivered to the purchaser or prospective purchaser; or
(2) Pursuant to section 514E-30, a copy of the disclosure statement required by chapter 514E is not required to be delivered to the purchaser or prospective purchaser because the offer and sale of the time share interest is made outside of Hawaii. [L 1977, c 98, pt of §2; am L 1978, c 176, §2; am L 1979, c 93, §3; gen ch 1985; am L 1986, c 295, §§4, 5; am L 1989, c 168, §2; am L 1990, c 277, pt of §1; am L 1991, c 44, §§20, 21 and c 276, §2; am L 2001, c 237, pt of §3; am L 2002, c 204, §4]
Case Notes
Trial court erred in granting summary judgment in favor of developer on association's implied warranty of habitability claim where developer failed to follow the dictates of this section to disclaim warranties; it did not appear that an abstract containing the requisite information on warranties was prepared by developer, and it reasonably followed that "each prospective initial purchaser" was not provided with such an abstract, as required by subsection (a). 115 H. 232, 167 P.3d 225 (2007).
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