[§514B-84]  Developer's public report;
special types of condominiums.  (a)  In addition to the information
required by section 514B‑83, the developer's public report for a project
containing any existing structures being converted to condominium status shall
contain:



(1)  Regarding units that may be occupied for
residential use and that have been in existence for five years or more:



(A)  A statement by the developer, based upon a
report prepared by a Hawaii-licensed architect or engineer, describing the present
condition of all structural components and mechanical and electrical
installations material to the use and enjoyment of the units;



(B)  A statement by the developer of the
expected useful life of each item reported on in subparagraph (A) or a statement
that no representations are made in that regard; and



(C)  A list of any outstanding notices of
uncured violations of building code or other county regulations, together with
the estimated cost of curing these violations;



(2)  Regarding all projects containing converted
structures, a verified statement signed by an appropriate county official that:



(A)  The structures are in compliance with all
zoning and building ordinances and codes applicable to the project at the time
it was built, and specifying, if applicable:



(i)  Any variances or other permits that have
been granted to achieve compliance;



(ii)  Whether the project contains any legal
nonconforming uses or structures as a result of the adoption or amendment of
any ordinances or codes; and



(iii)  Any violations of current zoning or
building ordinances or codes and the conditions required to bring the structure
into compliance; or



(B)  Based on the available information, the
county official cannot make a determination with respect to the matters
described in subparagraph (A); and



(3)  Other disclosures and information that the
commission may require.



(b)  In addition to the information required by
section 514B‑83, the developer's public report for a project in the
agricultural district pursuant to chapter 205 shall disclose:



(1)  Whether the structures and uses anticipated by
the developer's promotional plan for the project are in compliance with all
applicable state and county land use laws;



(2)  Whether the structures and uses anticipated by
the developer's promotional plan for the project are in compliance with all
applicable county real property tax laws, and the penalties for noncompliance;
and



(3)  Other disclosures and information that the
commission may require.



(c)  In addition to the information required by
section 514B‑83, the developer's public report for a project containing
any assisted living facility units regulated or to be regulated pursuant to
rules adopted under section 321‑11(10) shall disclose:



(1)  Any licensing requirements and the impact of the
requirements on the costs, operations, management, and governance of the
project;



(2)  The nature and scope of services to be provided;



(3)  Additional costs, directly attributable to the
services, to be included in the association's common expenses;



(4)  The duration of the provision of the services;



(5)  Any other information the developer deems
appropriate to describe the possible impacts on the project resulting from the
provision of the services; and



(6)  Other disclosures and information that the
commission may require. [L 2005, c 93, pt of §4]