Hawaii Condominium Law (CPR) Pt-3

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| By Dpilgrim01

Dpilgrim01

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Completion of construction means the earliest of:• The issuance of a ________________ for the unit;• The date of completion for the project, or the phase of the project that includes the unit;• The recordation of the "as built" amendment to the declaration that includes the unit;• The issuance of the architect's certificate of substantial completion for the project, or the phase of the project that includes the unit; or• The date the unit is completed so as to permit normal occupancy.
- Certificate of occupancy
- Certificate of completion
- Current updated bank appraisal
- FHA or VA approval for financing

About This Quiz

This quiz, titled 'Hawaii Condominium Law (CPR) Pt-3', assesses knowledge on the criteria for construction completion in condominium projects. It focuses on legal definitions crucial for compliance and understanding in the real estate sector, enhancing the learner's ability to navigate condominium law effectively.

Hawaii Condominium Law (CPR) Pt-3 - Quiz

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2.

Completion of construction means the earliest of:• The issuance of a certificate of occupancy for the unit;• The date of completion for the project, or the phase of the project that includes the unit;• The _________________ amendment to the declaration that includes the unit;• The issuance of the architect's certificate of substantial completion for the project, or the phase of the project that includes the unit; or• The date the unit is completed so as to permit normal occupancy.
- Recordation of the "as built"
- Recordation of the certificate of occupancy
- Recordation of the "inspection approval"
- Recordation of the "FHA/VA" disclosure
Correct Answer

A. Recordation of the "as built"

Explanation

recordation of the "as built"

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3.

Condominium map means a map or plan of the condominium property regime with all required information;
- True
- False
Correct Answer

A. True

Explanation

Condominium map means a map or plan of the condominium property regime with all required information;

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4.

Converted or conversion means the submission of a structure to a condominium property regime more than twelve months after the completion of construction;
- True
- False
Correct Answer

A. True

Explanation

The statement is true because the term "converted" or "conversion" refers to the process of submitting a structure to a condominium property regime after at least twelve months have passed since its construction was completed. This suggests that the conversion process takes place some time after the initial construction, indicating that the statement is accurate.

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5.

Development rights means any right or combination of rights reserved by a developer in the declaration to:• Add ____________ to a condominium;• Create units, common elements, or limited common elements within a condominium;• Subdivide units, combine units, or convert units into common elements;• Withdraw real estate from a condominium;• Merge projects or increments of a project; or• Otherwise alter the condominium.
- Real estate
- Features and amenities
- Features and modifications
- Deed restrictions
Correct Answer

A. Real estate

Explanation

Development rights means any right or combination of rights reserved by a developer in the declaration to:
• Add real estate to a condominium;
• Create units, common elements, or limited common elements within a condominium;
• Subdivide units, combine units, or convert units into common elements;
• Withdraw real estate from a condominium;
• Merge projects or increments of a project; or
• Otherwise alter the condominium.

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6.

Development rights means any right or combination of rights reserved by a developer in the declaration to:• Add real estate to a condominium;• Create units, common elements, or ________________ within a condominium;• Subdivide units, combine units, or convert units into common elements;• Withdraw real estate from a condominium;• Merge projects or increments of a project; or• Otherwise alter the condominium.
- Limited common elements
- Unlimited common elements
- Additional common elements
- Equally divided common elements
Correct Answer

A. Limited common elements

Explanation

Development rights means any right or combination of rights reserved by a developer in the declaration to:
• Add real estate to a condominium;
• Create units, common elements, or limited common elements within a condominium;
• Subdivide units, combine units, or convert units into common elements;
• Withdraw real estate from a condominium;
• Merge projects or increments of a project; or
• Otherwise alter the condominium.

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7.

Managing agent means any person retained, as an independent contractor, for the purpose of managing the operation of the property.
- True
- False
Correct Answer

A. True

Explanation

A managing agent is a person who is hired as an independent contractor to oversee and handle the day-to-day operations of a property. They are responsible for tasks such as maintenance, tenant relations, rent collection, and ensuring the property is in compliance with regulations. This definition accurately describes the role and responsibilities of a managing agent, making the answer "True" correct.

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8.

Material change means any change that directly, substantially, and adversely affects the use or value of a purchaser's unit or appurtenant limited common elements, or those amenities of the project available for the purchaser's use.
- True
- False
Correct Answer

A. True

Explanation

The statement is true because a material change refers to any change that has a direct, significant, and negative impact on the use or value of a purchaser's unit or appurtenant limited common elements, as well as the amenities of the project that are accessible to the purchaser.

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9.

Operation of the property means the administration, fiscal management, and physical operation of the property, and includes the maintenance, repair, and replacement of, and the making of any additions and improvements to, the common elements.
- True
- False
Correct Answer

A. True

Explanation

Operation of the property means the administration, fiscal management, and physical operation of the property, and includes the maintenance, repair, and replacement of, and the making of any additions and improvements to, the common elements.

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10.

The provisions of the recodified CPR law HRS 514B apply to all condominiums created in Hawaii on or after July 1, 2006.
- True
- False
Correct Answer

A. True

Explanation

The explanation for the correct answer is that according to the recodified CPR law HRS 514B, the provisions apply to all condominiums created in Hawaii on or after July 1, 2006. This means that any condominium created after this date must adhere to the regulations and rules outlined in the law. Therefore, the statement is true.

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11.

A declaration is the most important document in the creation of a condominium.
- True
- False
Correct Answer

A. True

Explanation

The given statement is true because a declaration is a legal document that establishes the existence of a condominium. It contains important information such as the boundaries of each unit, the common areas, the rights and responsibilities of the unit owners, and the rules and regulations that govern the condominium. The declaration is filed with the appropriate government agency and serves as the foundation for the condominium's governance and management. Without a declaration, a condominium cannot be legally established. Therefore, the statement is true.

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12.

A ____________ is the most important document in the creation of a condominium.
- Declaration
- Project report
- Public report
- Feasibility report
Correct Answer

A. Declaration

Explanation

A declaration is the most important document in the creation of a condominium.

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13.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the land on which the condominium is to be (or has been) built;
- True
- False
Correct Answer

A. True

Explanation

The explanation for the given correct answer is that a declaration is indeed the most important document in the creation of a condominium. It provides detailed information about the land on which the condominium is being built or has already been built. This document outlines the rights, responsibilities, and restrictions of the condominium owners, as well as the common areas and amenities available to them. Therefore, it plays a crucial role in establishing and governing the condominium community.

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14.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the permitted and prohibited uses of each building;
- True
- False
Correct Answer

A. True

Explanation

The given answer is true because a declaration is indeed the most important document in the creation of a condominium. It provides detailed information about the permitted and prohibited uses of each building within the condominium. This document is crucial for establishing the rules and regulations that govern the property and ensure that all residents adhere to them. Without a declaration, there would be no clear guidelines on how the condominium should be used, leading to potential conflicts and disputes among residents.

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15.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the common elements;
- True
- False
Correct Answer

A. True

Explanation

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:
• the common elements;

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16.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• a declaration that the condominium is in compliance with all zoning and building ordinances and codes and all other permitting requirements of the county;
- True
- False
Correct Answer

A. True

Explanation

The explanation for the correct answer is that a declaration is indeed the most important document in the creation of a condominium. It provides detailed information about the condominium, including its compliance with zoning and building ordinances, codes, and permitting requirements of the county. This document is crucial for establishing the legal framework and regulations that govern the condominium. Therefore, the statement "True" is the correct answer.

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17.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• exemptions that have been granted or legal nonconforming conditions, uses or structures.
- True
- False
Correct Answer

A. False

Explanation

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:
• variances that have been granted or legal nonconforming conditions, uses or structures.

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18.

A condominium map shall be recorded with the declaration and contain:• the layout,_________________ , unit numbers and dimensions of the units;
- Location boundaries
- Setback requirements
- Setback measurements
- List of deed restrictions
Correct Answer

A. Location boundaries

Explanation

location boundaries

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19.

The common interest shall not be separated from the unit to which it appertains, and shall be deemed to be permanently assigned with the unit.
- True
- False
Correct Answer

A. False

Explanation

The
common interest shall not be separated from the unit to which it appertains, and shall be deemed to be conveyed or encumbered with the unit.

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20.

Each unit owner may use the common elements in accordance with the purposes permitted under the declaration, subject to the same rights of other unit owners.
- True
- False
Correct Answer

A. True

Explanation

The statement is true because according to the given information, each unit owner has the right to use the common elements as long as it aligns with the permitted purposes stated in the declaration. Additionally, this right is subject to the same rights of other unit owners, which means that all unit owners have equal access and usage rights to the common elements.

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21.

Generally, approval of at least 67% of the owners of the common interest is required to make changes to the common elements.
- True
- False
Correct Answer

A. True

Explanation

The statement is true because it states that a minimum of 67% of the owners of the common interest is required for making changes to the common elements. This means that a significant majority of the owners must agree to the changes before they can be implemented.

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22.

No amendment to the declaration affecting any of the limited common elements shall be effective without the consent of the owner(s) of such unit(s).
- True
- False
Correct Answer

A. True

Explanation

This statement is true because according to the given information, any amendment to the declaration that affects the limited common elements requires the consent of the owner(s) of the unit(s) associated with those elements. This means that the owners have the power to approve or reject any changes that may impact the limited common elements, ensuring that their rights and interests are protected.

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23.

Except as provided in the declaration, any unit owner may transfer or exchange a limited common element that is assigned to that owner’s unit to another unit.
- True
- False
Correct Answer

A. True

Explanation

According to the given statement, any unit owner has the right to transfer or exchange a limited common element assigned to their unit to another unit, except as stated in the declaration. This means that unit owners have the ability to move or exchange specific elements within their unit to a different unit if they choose to do so. Therefore, the correct answer is true.

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24.

Any transfer or exchange by any unit owner shall be executed and recorded as an amendment to the declaration; however, consent of mortgagees or lessor may be required.
- True
- False
Correct Answer

A. True

Explanation

The given statement is true. According to the statement, any transfer or exchange made by a unit owner must be executed and recorded as an amendment to the declaration. This means that any change in ownership or exchange of a unit must be officially documented and recorded. However, it is mentioned that the consent of mortgagees or lessor may be required, indicating that there may be additional requirements or conditions imposed by the mortgagees or lessor for such transfers or exchanges.

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25.

The board may determine that certain limited common element expenses will instead be paid by all unit owners in accordance with the undivided common interest appurtenant to each unit if the board reasonably determines that the extra cost to separately account and bill for the limited common expenses is not justified.
- True
- False
Correct Answer

A. True

Explanation

The board of a condominium association has the authority to decide that certain limited common element expenses will be paid by all unit owners instead of being billed separately to each unit owner. This decision can be made if the board reasonably determines that the extra cost and effort of individually accounting and billing for these limited common expenses is not justified. Therefore, the statement is true.

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26.

Completion of construction means the earliest of:• The issuance of a certificate of occupancy for the unit;• The date of completion for the project, or the phase of the project that includes the unit;• The recordation of the "as built" amendment to the declaration that includes the unit;• The issuance of the architect's certificate of substantial completion for the project, or the phase of the project that includes the unit; or• The date the unit is completed so as to __________________.
- Allow for the safe connection of power and utilities.
- Allow bank/lender approval of financing.
- permit normal occupancy.
- Clear all outstanding liens if any.
Correct Answer

A. permit normal occupancy.

Explanation

permit normal occupancy.

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27.

Completion of construction means the earliest of:• The issuance of a certificate of occupancy for the unit;• The ______________________, or the phase of the project that includes the unit;• The recordation of the "as built" amendment to the declaration that includes the unit;• The issuance of the architect's certificate of substantial completion for the project, or the phase of the project that includes the unit; or• The date the unit is completed so as to permit normal occupancy.
- Date of completion of all inspections
- Date of contingent approval for financing
- Date of completion for the project
- Effective date of phase completion
Correct Answer

A. Date of completion for the project

Explanation

date of completion for the project

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28.

Completion of construction means the earliest of:• The issuance of a certificate of occupancy for the unit;• The date of completion for the project, or the phase of the project that includes the unit;• The recordation of the "as built" amendment to the declaration that includes the unit;• The issuance of the _____________________ for the project, or the phase of the project that includes the unit; or• The date the unit is completed so as to permit normal occupancy.
- Architect's certificate of plan approval
- Architect's certificate of substantial phase completion
- Architect's certificate of completion
- Architect's certificate of substantial completion
Correct Answer

A. Architect's certificate of substantial completion

Explanation

architect's certificate of substantial completion

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29.

Condominium map means a map or plan of the ______________________ with all required information;
- Architect's drawings and blueprints
- Condominium property regime
- Developer's blueprints
- Developer's proposal
Correct Answer

A. Condominium property regime

Explanation

Condominium map means a map or plan of the condominium property regime with all required information;

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30.

Converted or conversion means the submission of a structure to a condominium property regime more than __________________ after the completion of construction;
- Six months
- Twelve months
- Nine months
- Eighteen months
Correct Answer

A. Twelve months

Explanation

Converted or conversion means the submission of a structure to a condominium property regime more than twelve months after the completion of construction; provided that structures used as sales offices or models for a project and later submitted to a condominium property regime shall not be considered to be converted structures.

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31.

Converted or conversion means the submission of a structure to a condominium property regime more than twelve months after the completion of construction; provided that structures used as sales offices or models for a project and later submitted to a condominium property regime shall not be ______________________.
- Subject to another bank appraisal.
- Subject to any additional modifications.
- Considered to be converted structures.
- Subject to lender required repairs upon conversion.
Correct Answer

A. Considered to be converted structures.

Explanation

Converted or conversion means the submission of a structure to a condominium property regime more than twelve months after the completion of construction; provided that structures used as sales offices or models for a project and later submitted to a condominium property regime shall not be considered to be converted structures.

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32.

Converted or conversion means the submission of an application for reclassification to apartment status to a condominium property regime more than twelve months after the completion of construction; provided that structures used as sales offices or models for a project and later submitted to a condominium property regime shall not be considered to be converted structures.
- True
- False
Correct Answer

A. False

Explanation

Converted or conversion means the submission of a structure to a condominium property regime more than twelve months after the completion of construction; provided that structures used as sales offices or models for a project and later submitted to a condominium property regime shall not be considered to be converted structures.

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33.

Declaration means any instrument, however denominated, that creates an owner's association, including any amendments to the said declaration.
- True
- False
Correct Answer

A. False

Explanation

Declaration means any instrument, however denominated, that creates a condominium, including any amendments to the instrument.

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34.

Declaration means any legal instrument, however derived, that creates a condominium, including any amendments to the instrument.
- True
- False
Correct Answer

A. False

Explanation

Declaration means any instrument, however denominated, that creates a condominium, including any amendments to the instrument.

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35.

Development rights means any right or combination of rights reserved by a developer in the declaration to:• Add real estate to a condominium;• Create units, common elements, or limited common elements within a condominium;• Subdivide units, _______________, or convert units into common elements;• Withdraw real estate from a condominium;• Merge projects or increments of a project; or• Otherwise alter the condominium.
- Expand units
- Modify units
- Combine units
- Reserve units
Correct Answer

A. Combine units

Explanation

Development rights means any right or combination of rights reserved by a developer in the declaration to:
• Add real estate to a condominium;
• Create units, common elements, or limited common elements within a condominium;
• Subdivide units, combine units, or convert units into common elements;
• Withdraw real estate from a condominium;
• Merge projects or increments of a project; or
• Otherwise alter the condominium.

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36.

Managing agent means any person retained, as a real estate professional, for the purpose of managing the sales and operation of the property.
- True
- False
Correct Answer

A. False

Explanation

Managing agent means any person retained, as an independent contractor, for the purpose of managing the operation of the property.

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37.

Master deed or master lease means any legal instrument or certificate showing the extent of the interest of the person submitting the property to the condominium property regime.
- True
- False
Correct Answer

A. False

Explanation

Master deed or master lease means any deed or lease showing the extent of the interest of the person submitting the property to the condominium property regime.

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38.

Pertinent change means, as determined by the commission, a change not previously disclosed in the most recent _______________ that renders the information contained in the public report or in any disclosure statement inaccurate, including, but not limited to:• The size, construction materials, location, or permitted use of a unit or its appurtenant limitedcommon element;• The size, use, location, or construction materials of the common elements of the project; or• The common interest appurtenant to the unit.
- Construction phase inspection
- Project evaluation and report
- Updated project report
- Public report
Correct Answer

A. Public report

Explanation

Pertinent change means, as determined by the commission, a change not previously disclosed in the most recent public report that renders the information contained in the public report or in any disclosure statement inaccurate, including, but not limited to:
• The size, construction materials, location, or permitted use of a unit or its appurtenant limited
common element;
• The size, use, location, or construction materials of the common elements of the project; or
• The common interest appurtenant to the unit.

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39.

A pertinent change constitutes a material change.
- True
- False
Correct Answer

A. False

Explanation

A pertinent change does not necessarily constitute a material change.

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40.

A pertinent change does not necessarily constitute a physical change.
- True
- False
Correct Answer

A. False

Explanation

A pertinent change does not necessarily constitute a material change.

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41.

A pertinent change does not necessarily constitute a __________________.
- Physical change
- Measurable change
- Material change
- None of the above
Correct Answer

A. Material change

Explanation

A pertinent change does not necessarily constitute a material change.

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42.

The provisions of the recodified CPR law HRS 514B apply to all condominiums created in Hawaii on or after _______________.
- June 1, 2006
- July 1, 2006
- July 6, 2006
- July 1, 2005
Correct Answer

A. July 1, 2006

Explanation

The provisions of the recodified CPR law HRS 514B apply to all condominiums created in Hawaii on or after July 1, 2006.

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43.

To create a condominium, a developer shall execute and record an acquisition of undeveloped land, together with a master deed or lease of the property, bylaws and a condominium property map.
- True
- False
Correct Answer

A. False

Explanation

To create a condominium, a developer shall execute and record a declaration, together with a master
deed or lease of the property, bylaws and a condominium property map.

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44.

To create a condominium, a developer shall execute and record a declaration, together with a master deed or lease of the property, bylaws and a __________________.
- Tax property map
- Feasibility study
- Declaration
- Condominium property map
Correct Answer

A. Condominium property map

Explanation

To create a condominium, a developer shall execute and record a declaration, together with a master deed or lease of the property, bylaws and a condominium property map.

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45.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the land on which the condominium is to be (or has been) built;• the number of the county assessor's tax map filed concurrently with the declaration;
- True
- False
Correct Answer

A. False

Explanation

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:
• the land on which the condominium is to be (or has been) built;
• the number of the condominium map filed concurrently with the declaration;

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46.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the land on which the condominium is to be (or has been) built;• the number of the condominium map filed concurrently with the declaration;• the number of bedrooms in each condominium;
- True
- False
Correct Answer

A. False

Explanation

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:
• the land on which the condominium is to be (or has been) built;
• the number of the condominium map filed concurrently with the declaration;
• the number of units in the condominium;

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47.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the land on which the condominium is to be (or has been) built;• the number of the condominium map filed concurrently with the declaration;• the number of units in the condominium;• the number of buildings and projects in the condominium, and the number of stories and units in each project;
- True
- False
Correct Answer

A. False

Explanation

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:
• the land on which the condominium is to be (or has been) built;
• the number of the condominium map filed concurrently with the declaration;
• the number of units in the condominium;
• the number of buildings and projects in the condominium, and the number of stories and units in each building;

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48.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• to the extent not shown on the tax map, a description of the location and dimensions of the horizontal and vertical boundaries of any unit;
- True
- False
Correct Answer

A. False

Explanation

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:
• to the extent not shown on the tax map, a description of the location and dimensions of the horizontal and vertical boundaries of any unit;

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49.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the limited common elements, if any, and the units to which each is assigned;
- True
- False
Correct Answer

A. False

Explanation

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:
• the limited common elements, if any, and the units to which each is appurtenant;

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Hawaii Condominium Law (CPR) Pt-3

Quiz Preview

Condominium map means a map or plan of the condominium property regime with all required information;

Converted or conversion means the submission of a structure to a condominium property regime more than twelve months after the completion of construction;

Managing agent means any person retained, as an independent contractor, for the purpose of managing the operation of the property.

Material change means any change that directly, substantially, and adversely affects the use or value of a purchaser's unit or appurtenant limited common elements, or those amenities of the project available for the purchaser's use.

Operation of the property means the administration, fiscal management, and physical operation of the property, and includes the maintenance, repair, and replacement of, and the making of any additions and improvements to, the common elements.

The provisions of the recodified CPR law HRS 514B apply to all condominiums created in Hawaii on or after July 1, 2006.

A declaration is the most important document in the creation of a condominium.

A ____________ is the most important document in the creation of a condominium.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the land on which the condominium is to be (or has been) built;

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the permitted and prohibited uses of each building;

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the common elements;

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• a declaration that the condominium is in compliance with all zoning and building ordinances and codes and all other permitting requirements of the county;

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• exemptions that have been granted or legal nonconforming conditions, uses or structures.

A condominium map shall be recorded with the declaration and contain:• the layout,_________________ , unit numbers and dimensions of the units;

The common interest shall not be separated from the unit to which it appertains, and shall be deemed to be permanently assigned with the unit.

Each unit owner may use the common elements in accordance with the purposes permitted under the declaration, subject to the same rights of other unit owners.

Generally, approval of at least 67% of the owners of the common interest is required to make changes to the common elements.

No amendment to the declaration affecting any of the limited common elements shall be effective without the consent of the owner(s) of such unit(s).

Except as provided in the declaration, any unit owner may transfer or exchange a limited common element that is assigned to that owner’s unit to another unit.

Any transfer or exchange by any unit owner shall be executed and recorded as an amendment to the declaration; however, consent of mortgagees or lessor may be required.

Condominium map means a map or plan of the ______________________ with all required information;

Converted or conversion means the submission of a structure to a condominium property regime more than __________________ after the completion of construction;

Declaration means any instrument, however denominated, that creates an owner's association, including any amendments to the said declaration.

Declaration means any legal instrument, however derived, that creates a condominium, including any amendments to the instrument.

Managing agent means any person retained, as a real estate professional, for the purpose of managing the sales and operation of the property.

Master deed or master lease means any legal instrument or certificate showing the extent of the interest of the person submitting the property to the condominium property regime.

A pertinent change constitutes a material change.

A pertinent change does not necessarily constitute a physical change.

A pertinent change does not necessarily constitute a __________________.

The provisions of the recodified CPR law HRS 514B apply to all condominiums created in Hawaii on or after _______________.

To create a condominium, a developer shall execute and record an acquisition of undeveloped land, together with a master deed or lease of the property, bylaws and a condominium property map.

To create a condominium, a developer shall execute and record a declaration, together with a master deed or lease of the property, bylaws and a __________________.

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the land on which the condominium is to be (or has been) built;• the number of the county assessor's tax map filed concurrently with the declaration;

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• to the extent not shown on the tax map, a description of the location and dimensions of the horizontal and vertical boundaries of any unit;

A declaration is the most important document in the creation of a condominium and describes in detail or includes the following:• the limited common elements, if any, and the units to which each is assigned;