514E-6 Time sharing in projects. (a) If the project in which the time share unit or time share plan is to be created contains an existing time share unit or time share plan, then time share units and plans [shall] be regulated according to the terms of the project instruments.

(b) If the project in which the time share unit or time share plan is to be created is not a hotel and does not contain time share units or a time share plan, then such use may be created only if such use is explicitly and prominently authorized by the project instruments, or the project instruments are amended by unanimous vote of the unit owners to explicitly and prominently authorize time sharing.

(c) Any condominium project in an area not designated for hotel use, resort use, or transient vacation rentals that:

(1) Contains one or more transient vacation rental units may be classified as a hotel use; or

(2) Contains more than ninety-five per cent transient vacation rental units shall be classified as a hotel.

The foregoing shall not limit the individual counties in zoning for or defining hotels. [L 1980, c 186, pt of 1; am L 1987, c 276, 2]

 

Attorney General Opinions

 

Time share units or plans may be created in project or building which has existing time sharing, and where project instrument does not prohibit time sharing. Att. Gen. Op. 81-14.

 

Case Notes

 

Use of term "temporary residence" in project's instruments does not authorize time sharing. 70 H. 93, 762 P.2d 169 (1988).

As this section, relating to time sharing, applies to a project that is not a hotel and the Maui county code section pertained to time sharing in a hotel district, the code section did not cover the same subject matter or conflict with this section; thus, the code section was not preempted by this section. 103 H. 468, 83 P.3d 731 (2004).

 

 

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