Terms Used In Hawaii Revised Statutes > Chapter 342I > Part II - Used Motor Vehicle Tire Recovery

• Acquisition agent: means any person, other than a developer or sales agent, who, for compensation, solicits or encourages others to attend a time share sales presentation or to contact a time share sales agent or developer; provided that this term shall not include individuals who perform the stated activities and are employed by or in contract with:

  (1) A real estate broker who is licensed under chapter 467; or

  (2) An acquisition agent registered pursuant to section 514E-10. See Hawaii Revised Statutes 514E-1

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Association: means the time share owners association. See Hawaii Revised Statutes 514E-1
• Authorized tire collection facility: means any facility permitted by the department under chapter 342H as a tire collection facility which may collect and temporarily hold tires before transporting them to an authorized tire recycler. See Hawaii Revised Statutes 342I-21
• Authorized tire recycler: means any processor, shredder, or manufacturer permitted by the department under chapter 342H as a tire recycling facility. See Hawaii Revised Statutes 342I-21
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• County: means any county of the State. See Hawaii Revised Statutes 342I-21
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Developer: means any person that creates a time sharing plan or is in the business of selling time share units. See Hawaii Revised Statutes 514E-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 514E-1
• Exchange agent: means a person who operates an exchange program. See Hawaii Revised Statutes 514E-1
• Exchange program: means a plan or program in which the owners or holders of time share interests in a time share plan may exchange occupancy rights among themselves or with the owners or holders of time share interests in other time share plans or with the owner or holders of units in other projects. See Hawaii Revised Statutes 514E-1
• Facility: means all contiguous land, including buffer zones and structures or other appurtenances and improvements on the land, used for the handling of used tires. See Hawaii Revised Statutes 342I-21
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Importer: means any person or entity who imports tires, including the tires on motor vehicles imported into the State. See Hawaii Revised Statutes 342I-21
• Lien: A claim against real or personal property in satisfaction of a debt.
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Motor vehicle tire: means any tire that is used or designed for use on a motorized vehicle including but not limited to an automobile, bus, motorcycle, truck or heavy equipment. See Hawaii Revised Statutes 342I-21
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• One-to-one use-right to use-night requirement: means that the sum of the nights which owners are entitled to use in a given year shall not exceed the number of nights available for use by those owners during that year. See Hawaii Revised Statutes 514E-1
• Owner: means any person who owns a time share interest; provided, however, that to the extent and for such purposes as are provided in any agreement of sale, the vendee under such agreement of sale shall be considered the owner of the time share interest. See Hawaii Revised Statutes 514E-1
• Person: includes an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons or legal entities, or any combination thereof. See Hawaii Revised Statutes 514E-1
• Plan manager: means a person who undertakes the duties, responsibilities, and obligations of managing a time share plan. See Hawaii Revised Statutes 514E-1
• 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

• Purchaser: means any person who has contracted to acquire a time share interest. See Hawaii Revised Statutes 514E-1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• Sales agent: means a person who sells or offers to sell for compensation a time share interest in a time share plan, except a person who acquired a time share interest for the person's own occupancy and later offers it for resale. See Hawaii Revised Statutes 514E-1
• Time share interest: means any interest in a time share unit or plan which entitles the owner or holder thereof to the use, occupancy or possession of a time share unit on a periodically recurring basis. See Hawaii Revised Statutes 514E-1
• Time share ownership plan: means any arrangement whether by tenancy in common, sale, deed or by other means, whereby the purchaser receives an ownership interest and the right to use the property for a specific or discernible period by temporal division. 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
• Time share use plan: means any arrangement, excluding normal hotel operations, whether by membership agreement, lease, rental agreement, license, use agreement, security or other means, whereby the purchaser receives a right to use accommodations or facilities, or both, in a time share unit for a specific or discernible period by temporal division, but does not receive an ownership interest. See Hawaii Revised Statutes 514E-1
• Tire retailer: means any person who sells or offers to sell tires to the public. See Hawaii Revised Statutes 342I-21
• Tire wholesaler: means any person who sells or offers to sell tires to tire retailers or other volume buyers of tires. See Hawaii Revised Statutes 342I-21
• 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
• Trustee: A person or institution holding and administering property in trust.