(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.
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Terms Used In Hawaii Revised Statutes 514E-6

  • Project: means :

    (1) An individual condominium project;

    (2) Two or more contiguous condominium projects that have been merged and for administrative purposes operate as a single condominium project;

    (3) An individual cooperative housing project;

    (4) An individual subdivision of single-family homes subject to one or more project instruments; or

    (5) An individual subdivision of townhomes subject to one or more project instruments. See Hawaii Revised Statutes 514E-1

  • Time share plan: means any plan or program in which the use, occupancy, or possession of one or more time share units circulates among various persons for less than a sixty-day period in any year, for any occupant. See Hawaii Revised Statutes 514E-1
  • Time share unit: means the actual and promised accommodations, and related facilities, which are the subject of a time share plan. See Hawaii Revised Statutes 514E-1
  • Transient vacation rentals: means rentals in a multi-unit building to visitors over the course of one or more years, with the duration of occupancy less than thirty days for the transient occupant. See Hawaii Revised Statutes 514E-1
(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.

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