HRS §514E-6
Rules for Creating Time Shares in Existing Projects
This section explains when time share units or plans can be created in a project. If the project already has time shares, the project's rules apply. If not, time shares are only allowed if the project's rules clearly allow them or all owners agree to change the rules. Condominiums with many vacation rentals may be treated as hotels.
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The statute, as written — 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.
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