(a) The public sale may be either postponed or canceled by the association. Notice of the postponement or the cancellation of the public sale shall be:

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Terms Used In Hawaii Revised Statutes 667-97

  • Mailed: means to be sent by first class mail, postage prepaid, unless otherwise expressly directed in this chapter. See Hawaii Revised Statutes 667-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) Announced by the association at the date, time, and place of the last scheduled public sale; and
(2) Provided to any other person who is entitled to receive the notice of default under section 667-92.
(b) If there is a postponement of the public sale of the unit, a new public notice of the public sale shall be published once in the format described in section 667-96. The new public notice shall state that it is a notice of a postponed sale. The public sale shall take place no sooner than fourteen days after the date of the publication of the new public notice. Not less than fourteen days before the date of the public sale, a copy of the new public notice shall be posted on the unit or on another real property of which the unit is a part, and it shall be mailed or delivered to the unit owner and to any other person entitled to receive notice under section 667-92(e).
(c) Upon the fourth postponement of every series of four consecutive postponements, the association shall follow all of the public notice of public sale requirements of section 667-96, including the requirements of mailing and posting under section 667-96(c) and of publication under section 667-96(d).
(d) The default under the association documents may be cured no later than three business days before the date of the public sale of the unit by paying the entire amount that would be owed to the association if the payments under the association documents had not been accelerated, plus the association’s attorney’s fees and costs, and all other fees and costs incurred by the association related to the default, unless otherwise agreed to between the association and the unit owner. There is no right to cure the default or any right of redemption after that time. If the default is so cured, the public sale shall be canceled.

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