§514E-5 Geographic limitations. (a) Except as provided in this section, time share units, time share plans, and transient vacation rentals are prohibited.
(b) Existing time share units, time share plans, and transient vacation rentals are not impaired by the provisions of this section.
(c) Time share units, time share plans, and transient vacation rentals are allowed:
(1) In areas designated for hotel use, resort use, or transient vacation rentals, pursuant to county authority under section 46-4, or where the county, by its legislative process, designates hotel, transient vacation rental, or resort use;
(2) In a hotel where the county explicitly approves such use, in advance, as a nonconforming use; or
(3) In a county with a population in excess of five hundred thousand, in an existing hotel that is a valid nonconforming use under county ordinance. [L 1980, c 186, pt of §1; am L 1982, c 191, §1; am L 2002, c 204, §7; am L 2009, c 12, §1; am L 2019, c 111, §35]
Attorney General Opinions
Declaration calling for future "annexation" of units within a project or building is not sufficient to establish those units as "pre-existing". Att. Gen. Op. 81-14.
Geographic limitations of section apply to certain registration filings made prior to effective date of limitations. Att. Gen. Op. 83-1.
Structure Hawaii Revised Statutes
514E-1.5 Time share administrator; duties.
514E-2.5 Licensing of sales agents and acquisition agents.
514E-2.6 REPEALED. L 2001, c 71, §1.
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-8 Mutual right to cancel.
514E-8.6 One-to-one use-right to use-night requirement.
514E-9.1 Disclosure statement; prospective purchasers.
514E-9.5 Exchange program; general provisions.
514E-10.5 Consultant review of developer filing.
514E-11.1 Deceptive trade practices.
514E-11.3 Remedies; sales voidable; when and by whom.
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-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-26 Termination of a trust.
514E-27 Alternative arrangements for purchaser protection.
514E-28 Requirements for surety bonds and letters of credit.