Hawaii Revised Statutes
514E. Time Sharing Plans
514E-8.6 One-to-one use-right to use-night requirement.

§514E-8.6 One-to-one use-right to use-night requirement. (a) A developer shall not offer or dispose of a time share unit or a time share interest unless the one-to-one use-right to use-night requirement is currently satisfied and will continue to be satisfied for the duration of the time share plan.
(b) The time share instruments shall contain provisions assuring satisfaction of the one-to-one use-right to use-night requirement for the duration of the time share plan except during temporary periods of noncompliance due to casualty or condemnation.
(c) The following criteria shall be considered in determining whether the one-to-one use-right to use-night requirement is satisfied:
(1) If the time share plan has more than one class of time share interest, then the requirement must be satisfied within each class;
(2) Only use nights available and protected from blanket liens for the duration of the time share plan shall be counted; provided that if time share interests are classified by duration, then as to each class, only use nights available and protected from blanket liens for the entire duration of that class shall be counted;
(3) A use night counted to satisfy the requirement for one class may not also be counted to satisfy the requirement for a competing class;
(4) No individual time share unit may be counted as providing more than three hundred sixty-five use nights per calendar year (or more than three hundred sixty-six use nights per leap year);
(5) The use rights of each owner shall be counted without regard to whether the owner's use rights have been suspended for failure to pay assessments or otherwise. Use rights attributable to unsold time share interests shall be counted;
(6) Use rights of nonowners shall be counted. Use rights of the developer and its affiliates in excess of those attributable to unsold time share interests shall be counted;
(7) Use nights reserved by the association or plan manager for the purpose of performing maintenance and repairs to a time share unit shall not be considered;
(8) Use rights borrowed from a subsequent year or carried over from a prior year shall not be considered; provided that such practice is not established for the purpose of evading the requirements of this section; and provided further that any such acceleration or deferral of use rights is appropriately balanced and restricted; and
(9) The director may adopt rules identifying additional criteria to be used to calculate whether the one-to-one use-right to use-night requirement is satisfied.
(d) This section shall not be deemed to prohibit the time share instruments from including provisions permitting rental by the association or the developer, or reservation and use by owners, of use nights which remain unreserved as of sixty or fewer days in advance of the use night. Any such use rights shall not be considered in determining whether the one-to-one use-right to use-night requirement is satisfied. [L 1997, c 372, pt of §1]
Case Notes
Plaintiffs, timeshare owners, alleged that their use rights were not ideal; however, they did not allege any instance when they were unable to reserve any room of the type they purchased during any week of their designated period. Court found that this was not enough to allege a plausible basis for their claim that defendants, timeshare resort operators, were violating the one-to-one rule. 165 F. Supp. 3d 955 (2016).

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.