§514B-99.5  Inapplicability of laws.  (a) 
This subpart shall not apply to:



(1)  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 subpart through a
written notification to the commission;



(2)  Condominium projects where the developer conveys
all of the residential units in the project to a spouse, or family members
related by blood, descent or adoption; and



(3)  Condominium projects consisting of two or fewer
units.



(b)  A developer of a project specified in
subsection (a)(1) who elects to be subject to this subpart, or of a project
developed pursuant to an affordable housing requirement established by a state
or county governmental agency, may elect to waive specific provisions of this
subpart that conflict with the eligibility or preference requirements imposed
by the governmental agency.  The developer of a project specified in subsection
(a)(1) 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)(1) or a project for which a governmental agency has imposed
eligibility or preference requirements.  A copy of this notification shall be
filed with the affected governmental agency.



(c)  A filing to meet the notification
requirements of subsection (a)(1) or (b) shall not be construed to be an
approval or disapproval of the project by the commission. [L 2005, c 93, pt of
§4; am L 2007, c 249, §26]