Section 15-307-143 - Notice of existence of substantial construction defect(a) Prior to commencing any legal proceeding against the corporation for claims arising out of a substantial construction defect in a dwelling unit to which this subchapter applies, the owner shall deliver to the corporation by mail, postage prepaid, or in person a notice of substantial construction defect.(b) Upon receipt of the notice, the corporation may, but shall not be obligated to, take one of the following actions: (1) Execute a repurchase agreement with the owner;(2) Execute a repair and rental agreement with the owner; or(3) Execute a statement of intent to enforce its repurchase right, and deliver the statement to the owner.(c) If within ninety days from receipt of the notice of construction or soil defect, the corporation fails to take any action authorized under subsection (b), then the owner after the expiration of the ninety day period shall have the right to start legal proceedings arising out of the construction or soil defect against the corporation.(d) If the corporation takes an action described under subsection (b) within ninety days after the receipt of the notice of construction or soil defect, then the owner shall be precluded from starting any legal proceedings arising out of the construction or soil defect against the corporation.(e) Observance of the requirements of this section does not toll any period of limitations imposed under chapter 657, HRS. Haw. Code R. § 15-307-143
[Eff DEC 04 2010] (Auth: HRS §§ 201H-4, 201H-51) (Imp: HRS § 201H-51)