§514B-46 Merger of projects or increments. (a) Two or more projects, or increments of a project, whether or not adjacent to one another, but that are part of the same incremental plan of development and in the same vicinity, may be merged together so as to permit the joint use of the common elements of the projects by all the owners of the units in the merged projects. A merger may be implemented with the vote or consent that the declaration requires for a merger, pursuant to any reserved rights set forth in the declaration, or upon vote of sixty-seven per cent of the common interest.
(b) A merger becomes effective at the earlier of:
(1) A date certain set forth in the certificate of merger; or
(2) The date that the certificate of merger is recorded.
The certificate of merger may provide for a single association and board for the merged projects and for a sharing of the common expenses of the projects among all the owners of the units in the merged projects. The certificate of merger may also provide for a merger of the common elements of the projects so that each unit owner in the merged projects has an undivided ownership interest in the common elements of the merged projects. In the event of a merger of common elements, the common interests of each unit in the merged projects shall be adjusted in accordance with the merger provisions in the projects' declarations so that the total common interests of all units in the resulting merged project totals one hundred per cent. If the certificate of merger does not provide for a merger of the common elements, the common elements and common interests of the merged projects shall remain separate, but shall be subject to the provisions set forth in the respective declarations with respect to merger.
(c) Upon the recording of a certificate of merger that indicates that the fee simple title to the lands of the merged projects are merged, the registrar shall cancel all existing certificates of title for the units in the projects being merged and shall issue new certificates of title for the units in the merged project, covering all of the land of the merged projects. The new certificates of title for the units in the merged project shall describe, among other things, each unit's new common interest. The certificate of merger shall at least set forth all of the units of the merged projects, their new common interests, and to the extent practicable, their current certificate of title numbers in the common elements of the merged projects.
(d) In the event of a conflict between declarations and bylaws upon the merger of projects or increments, unless otherwise provided in the certificate of merger, the provisions of the first declaration and bylaws recorded shall control. [L 2005, c 93, pt of §2]
Structure Hawaii Revised Statutes
514B-4 Separate titles and taxation.
514B-5 Conformance with county land use laws.
514B-6 Supplemental county rules governing a condominium property regime.
514B-7 Construction against implicit repeal.
514B-9 Obligation of good faith.
514B-10 Remedies to be liberally administered.
514B-23 Amendments to governing instruments.
514B-32 Contents of declaration.
514B-34 Condominium map; certification of architect, engineer, or surveyor.
514B-39 Limited common elements.
514B-40 Transfer of limited common elements.
514B-41 Common profits and expenses.
514B-42 Metering of utilities.
514B-44 Contents of deeds or leases of units.
514B-46 Merger of projects or increments.
514B-47 Removal from provisions of this chapter.
514B-51 Registration required; exceptions.
514B-52 Application for registration.
514B-53 Inspection by commission.
514B-54 Developer's public report; requirements for issuance of effective date.
514B-55 Developer's public report; request for hearing by developer.
514B-56 Developer's public report; amendments.
514B-57 Commission oversight of developer's public report.
514B-59 Expiration of developer's public reports.
514B-60 No false or misleading information.
514B-61 General powers and duties of commission.
514B-63 Condominium specialists; appointment; duties.
514B-66 Cease and desist orders.
514B-67 Termination of registration.
514B-70 Limitation of actions.
514B-71 Condominium education trust fund.
514B-72 Condominium education trust fund; payments by associations and developers.
514B-73 Condominium education trust fund; management.
514B-81 Applicability; exceptions.
514B-83 Developer's public report.
514B-84 Developer's public report; special types of condominiums.
514B-85 Preregistration solicitation.
514B-86 Requirements for binding sales contracts; purchaser's right to cancel.
514B-87 Rescission after sales contract becomes binding.
514B-89 Sales contracts before completion of construction.
514B-90 Refunds upon cancellation or termination.
514B-92 Use of purchaser deposits to pay project costs.
514B-93 Early conveyance to pay project costs.
514B-94 Misleading statements and omissions; remedies.
514B-95.5 Announcement or advertisement; publication.
514B-96 Designation of residential units.
514B-96.5 Unit selection; requirements.
514B-98 Sale of residential units; developer requirements.
514B-99.5 Inapplicability of laws.
514B-101 Applicability; exceptions.
514B-102 Association; organization and membership.
514B-103 Association; registration.
514B-105 Association; limitations on powers.
514B-106 Board; powers and duties.
514B-106.5 Service of process.
514B-109 Restatement of declaration and bylaws.
514B-110 Bylaws amendment permitted; mixed use property; representation on board.
514B-111 Judicial power to excuse compliance with requirements of declaration or bylaws.
514B-112 Condominium community mutual obligations.
514B-113 Medical cannabis; discrimination.
514B-121 Association meetings.
514B-122 Association meetings; minutes.
514B-123 Association meetings; voting; proxies.
514B-124 Association meetings; purchaser's right to vote.
514B-124.5 Voting for elections; cumulative voting.
514B-126 Board meetings; minutes.
514B-131 Operation of the property.
514B-133 Association employees; background check; prohibition.
514B-134 Management and contracts; developer, managing agent, and association.
514B-135 Termination of contracts and leases of developer.
514B-136 Transfer of developer rights.
514B-137 Upkeep of condominium.
514B-138 Upkeep of condominium; high-risk components.
514B-139 Upkeep of condominium; disposition of unclaimed possessions.
514B-140 Additions to and alterations of condominium.
514B-141 Tort and contract liability; tolling of limitation period.
514B-142 Aging in place or disabled; limitation on liability.
514B-144 Association fiscal matters; assessments for common expenses.
514B-145 Association fiscal matters; collection of unpaid assessments from tenants or rental agents.
514B-146 Association fiscal matters; lien for assessments.
514B-147 Association fiscal matters; other liens affecting the condominium.
514B-148 Association fiscal matters; budgets and reserves.
514B-149 Association fiscal matters; handling and disbursement of funds.
514B-150 Association fiscal matters; audits, audited financial statement.
514B-151 Association fiscal matters; lease rent renegotiation.
514B-152 Association records; generally.
514B-153 Association records; records to be maintained.
514B-154 Association records; availability; disposal; prohibitions.
514B-155 Association as trustee.
514B-157 Attorneys' fees, delinquent assessments, and expenses of enforcement.
514B-162.5 Voluntary binding arbitration.