§514A-108  Inapplicability of part or
sections.  (a)  This part shall not apply to a project developed pursuant
to section 46-15 or 46-15.1, or chapter 53, 201H, 206, or 356D; provided that
the developer of the project may elect to be subject to this part through a
written notification to the commission.



(b)  This part shall not apply to condominium
projects where the developer intends to convey, and does in fact convey, all of
the residential apartment units in the project to a spouse or family members related
by blood, descent or adoption.



(c)  This part shall not apply to condominium
projects consisting of two or fewer apartments.



(d)  A developer of a project specified in
subsection (a) electing to be subject to this part or a project developed pursuant
to an affordable housing condition or provision by a state or county
governmental agency may elect to waive specific provisions of this part that
conflict with the eligibility or preference requirements imposed by the
governmental agency.  The developer of a project specified in subsection (a)
who exercises the election shall provide detailed written notification to the
commission of the specific provisions that will be waived, an explanation for
each waived provision, and a statement from the affected government agency that
the project is either an inapplicable project pursuant to subsection (a) or a
project whereby a governmental agency has imposed eligibility or preference
requirements.  A copy of this notification shall be filed with the affected governmental
agency.



(e)  Such filing to meet the notification
requirements of subsection (a) or (d) shall not be construed to be an approval
or disapproval of the project by the commission. [L 1980, c 189, pt of §2; am L
1985, c 164, §§4, 5; am L 1988, c 333, §1; am L 1992, c 50, pt of §2; am L
1997, c 135, §17 and c 350, §§15, 16; am L 1998, c 212, §46; am L 2000, c 210,
§11; am L 2007, c 249, §25]