§514A-14.5 - Ownership of parking stalls.

§514A-14.5 Ownership of
parking stalls. (a) Owners of apartments intended for use for dwelling
purposes shall have the right to own or have designated parking stalls to be
appurtenant to their respective apartments. Where a developer or association
of apartment owners owns parking stalls and rents parking stalls to the owners
of the apartments, a majority of these apartment owners may request the
appointment of an appraiser to establish a price for each parking stall which
may then be negotiated for purchase by the respective owners.

(b) The sales contract for any apartment,
intended for use for dwelling purposes and newly constructed after April 29,
1986, shall include ownership of a parking stall or designate a stall to be
appurtenant to the apartment as a limited common element.

(1) To apartments developed under chapter 201H or
356D;

(2) To apartments in a mixed-use project developed
under chapter 206E that has a shared parking program approved by the Hawaii community
development authority; provided that such a program shall require the
availability of the use of not less than one parking space per apartment; and

(3) To apartments designated in the declaration of
condominium property regime for hotel, time share, transient vacation rental,
or commercial use. [L 1986, c 111, §1; am L 1987, c 269, §1; am L 1988, c 134,
§1 and c 153, §4; am L 1997, c 350, §15; am L 1998, c 11, §24 and c 212, §46;
am L 2002, c 204, §1; am L 2007, c 249, §24]