§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.



  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.