2009 Hawaii Code
Volume 13
§672E-1 - Definitions.

     §672E-1  Definitions.  The following terms, whenever used in this chapter, shall have the following meanings, unless a different meaning clearly appears in context:

     "Action" means any civil proceeding, including but not limited to arbitration, in which damages or other relief may be awarded or enforced with respect to an alleged construction defect.

     "Association" means a nonprofit, incorporated, or unincorporated organization upon which responsibilities are imposed and authority is granted in the organization's declaration or bylaws.

     "Claim" means any notice of claim by a claimant to a contractor of a construction defect.

     "Claimant" means any person, entity, partnership, corporation, or association asserting a claim concerning an alleged construction defect.

     "Common area" means real property within a planned community that is owned or leased by the association or is otherwise available for the use of its members or designated as common area in or pursuant to the association's declaration or bylaws.

     "Construction defect" means a deficiency in, or arising out of, the design, specifications, surveying, planning, construction, supervision, or observation of construction of a dwelling or premises.

     "Contractor" means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, manufacturing, supplying products, developing, or constructing a dwelling.

     "Dwelling" means a single-family house, duplex, or multi-family unit designed for residential use, including common areas and improvements that are owned or maintained by an individual, association, or other entity.

     "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

     "Planned community" means a common interest community, including condominiums and cooperative housing corporations, and excluding time share plans.

     "Premises" means a dwelling, including common areas and improvements that are owned or maintained by any person, firm, partnership, corporation, association, or other organization.  "Premises" includes the systems, other component improvements, other structures, or recreational facilities appurtenant to, but not necessarily a part of, the dwelling or facility.

     "Service" means personal service or delivery by certified mail, return receipt requested, to the last known address of the addressee. [L 2004, c 119, pt of §2; am L 2007, c 22, §2]


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