Condominium Law Generally and History of the Project Sample Clauses

Condominium Law Generally and History of the Project. The starting point of determining whether part of a condominium is a common element or limited common element begins with a condominium’s declaration. Generally, the declaration and bylaws of a condominium serve as a contract between the condominium owners and the association, establishing the rules governing the condominium. See Association of Apartment Owners of Maalaea Kai, Inc. x. Xxxxxxxx, 000 Xxxxxʻx 2, 9, 116 P.3d 644, 651 (2005) (citing Bradford Square Condo. Ass’n x. Xxxxxx, 258 Xx.Xxx. 240, 245, 573 S.E.2d 405, 409 (2002) (“The condominium instruments, including the bylaws and the sales agreement, are a contract that governs the legal rights between the [a]ssociation and unit owners.”)). The Casa Declaration was first established under the provisions of the “Horizontal Property Act,” 1961 Haw. Sess. Laws Act 180, which was codified as HRS Chapter 514. The legislature then repealed Chapter 514 and passed Chapter 514A, governing Condominium Property Regimes, as Act 98 of 1977. 1977 Haw. Sess. Laws Act 98, § 3 at 181. In 2004, the legislature sought to “update, clarify, organize, deregulate, and provide for consistency and ease of use of the condominium property regimes law,” as directed by Act 213, Session Laws of Hawaiʻi 2000. 2004 Haw. Sess. Laws Act 164, § 1 at 756. The legislature recognized that Hawaii’s “condominium property regimes law is unorganized, inconsistent, and obsolete in some areas, and micro-manages condominium associations. The law is also overly regulatory, hinders development, and ignores technological changes and the present day development process.” 2000 Haw. Sess. Laws Act 213 § 1 at 521. As a result, the legislature recodified Hawaii’s condominium property regimes law, amending the HRS by adding HRS Chapter 514B. 2004 Haw.
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Related to Condominium Law Generally and History of the Project

  • General All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • NOW, THEREFORE the parties hereto agree as follows:

  • Definitions For purposes of this Agreement:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

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