Hawaii Revised Statutes
514E. Time Sharing Plans
514E-27 Alternative arrangements for purchaser protection.

§514E-27 Alternative arrangements for purchaser protection. (a) In recognition of the impossibility or impracticability of a proposed time share plan satisfying some of the requirements of section 514E-19 because of factors over which the developer has little or no control, the director may accept arrangements, other than those prescribed by section 514E-19, which in the judgment of the director will give rights and remedies affording equivalent benefits and protections to time share owners which are at least comparable in scope though not necessarily in nature to those designed to be afforded by the section.
(b) Whenever the director is asked to accept alternative arrangements pursuant to this section, the director may contract with an attorney or attorneys and may contract with any other private consultants which the director or the attorney deems necessary or advisable, in connection with the review of the proposed arrangements for protecting purchasers; provided that the cost of retaining such attorneys and other consultants shall be borne by the developer. The attorney shall be asked to thoroughly review the time share plan for the purpose of examining the purchaser protections, including the documentation used in connection therewith and the disclosure thereof in the developer's disclosure statement. Upon completing the review, the attorney shall provide a written analysis of the proposal and an opinion as to the nature and extent of the protections which the proposal affords purchasers against blanket liens. The review of alternative arrangements pursuant to this section shall be in addition to the consultant review required under section 514E-10.5 for all filings which are submitted by time share developers. [L 1982, c 186, §15; am L 1984, c 41, §2]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 28. Property

514E. Time Sharing Plans

514E-1 Definitions.

514E-1.5 Time share administrator; duties.

514E-2 Status of property.

514E-2.5 Licensing of sales agents and acquisition agents.

514E-2.6 REPEALED. L 2001, c 71, §1.

514E-3 Taxation.

514E-4 County authority.

514E-5 Geographic limitations.

514E-5.5 Foreign time share plans; exemption.

514E-6 Time sharing in projects.

514E-6.5 Voting rights for time share units.

514E-7 Maintenance charges.

514E-8 Mutual right to cancel.

514E-8.5 Classes of time share interests. (a) A time share plan may establish classes of time share interests defined by characteristics as the developer shall determine, including but not limited to season, unit size, location, view, or otherwise. (...

514E-8.6 One-to-one use-right to use-night requirement.

514E-9 Disclosure statement.

514E-9.1 Disclosure statement; prospective purchasers.

514E-9.5 Exchange program; general provisions.

514E-9.8 Time share interest owner referrals. (a) An owner of an interest in a time share plan duly registered under this chapter who is not licensed under chapter 467 and provides the name and address of a prospective purchaser or otherwise refers a...

514E-10 Registration required; developer, acquisition agent, plan manager, and exchange agent; registration renewal.

514E-10.2 Limited permit.

514E-10.3 Time share owners association; budgets and reserves. (a) For each fiscal year, the plan manager, or the board of the association if there is no plan manager, shall adopt an operating budget and distribute copies to all members of the associ...

514E-10.5 Consultant review of developer filing.

514E-11 Prohibited practices.

514E-11.1 Deceptive trade practices.

514E-11.2 Power to enjoin.

514E-11.3 Remedies; sales voidable; when and by whom.

514E-11.4 Defense to action.

514E-12 Civil penalty; suspension or revocation of registrations.

514E-12.5 Statutory or common-law remedies.

514E-13 Authority of director.

514E-14 Preexisting time share units and plans.

514E-15 Severability.

514E-16 Deposit of purchaser's funds, notes, and contracts into escrow.

514E-17 Release of purchaser's funds, notes, and contracts from escrow without a closing.

514E-18 Release of purchaser's funds, notes, and contracts from escrow upon closing.

514E-19 Protection of purchasers from blanket liens.

514E-20 Effect of recording a nondisturbance agreement.

514E-21 Effect of recording a notice of time share plan.

514E-22 General requirements for trusts.

514E-23 Requirements for trustees.

514E-24 Additional requirements for lien payment trusts.

514E-25 Lien payment deposit.

514E-26 Termination of a trust.

514E-27 Alternative arrangements for purchaser protection.

514E-28 Requirements for surety bonds and letters of credit.

514E-29 Association; lien for delinquent assessments.

514E-30 Scope of chapter.

514E-31 Private right of action.