Haw. Rev. Stat. § 514E-1 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Acquisition agent" means any person, other than a developer or sales agent, who, for compensation, solicits or encourages others to attend a time share sales presentation or to contact a time share sales agent or developer; provided that this term shall not include individuals who perform the stated activities and are employed by or in contract with:

(1) A real estate broker who is licensed under chapter 467; or

(2) An acquisition agent registered pursuant to section 514E-10.

"Association" means the time share owners association.

"Blanket lien" means any mortgage, deed of trust, option to purchase, master lease, vendor's lien or interest under a contract or agreement of sale, or any other lien or encumbrance that (i) affects more than one time share interest either directly or by reason of affecting an entire time share unit or the property upon which the time share unit to be used by the purchasers is located, and (ii) secures or evidences the obligation to pay money or to sell or convey the property and that authorizes, permits, or requires the foreclosure and sale or other defeasance of the property affected; provided that for the purpose of this chapter, the following shall not be considered blanket liens:

(1) The lien of current real property taxes;

(2) Taxes and assessments levied by public authority and that are not yet due and payable;

(3) A lien for common expenses under chapter 514B or a lien on an individual time share unit for similar expenses in favor of a homeowners or community association;

(4) An apartment lease or condominium conveyance document conveying or demising a single condominium unit or a lease of a single cooperative apartment; and

(5) Any lien for costs or trustee's fees charged by a trustee holding title to time share units pursuant to a trust created under section 514E-19; provided that the costs or trustee's fees are not yet due and payable.

"Commission" means the real estate commission established under section 467-3.

"Developer" means any person that creates a time sharing plan or is in the business of selling time share units. "Developer" does not include:

(1) A person who has acquired one or more time share interests for the person's own use and occupancy and later offers the time share interest for resale; provided that a rebuttable presumption shall exist that an owner who has acquired more than twelve time share interests did not acquire them for the owner's own use and occupancy;

(2) An association not otherwise a developer, that offers for sale, through its plan manager or a third party, time share interests transferred to the association through foreclosure, conveyance in lieu of foreclosure, cancellation for non-payment of assessments, or gratuitous transfer; and

(3) A licensed real estate broker who owns time share interests in a time share plan and who offers one or more of the time share interests for resale if:

(A) The time share interests are in a registered or previously registered time share plan and were not acquired from a developer who, during the six month period prior to conveying the time share interests to the real estate broker, was actively engaged in offering or selling the time share interests through advertising, promotional, or marketing efforts, whether within or outside the time share project itself, excluding public auctions pursuant to a foreclosure sale;

(B) The licensed real estate broker complies with all laws and rules applicable to resale time share interests and resale agents, excluding any registration provision requiring confirmation that the time share interests were purchased for the person's own occupancy;

(C) The licensed real estate broker has not used, offered, submitted, or incorporated the time share interests as part of another time share plan that would otherwise be subject to chapter 514E; and

(D) The licensed real estate broker owns at any one time not more than twelve time share interests in the particular time share plan.

"Director" means the director of commerce and consumer affairs.

"Exchange agent" means a person who operates an exchange program.

"Exchange program" means a plan or program in which the owners or holders of time share interests in a time share plan may exchange occupancy rights among themselves or with the owners or holders of time share interests in other time share plans or with the owner or holders of units in other projects.

"Master development" means a real estate development that consists of more than one project, including but not limited to a planned community association subject to chapter 421J with one or more sub-associations.

"Negotiable instrument" means any check, draft, bill of exchange, certificate of deposit, note, and any other document which is an "instrument" within the meaning of article 3 of chapter 490, including instruments subject to said article pursuant to section 490:3-805.

"Nondisturbance agreement" means an instrument by which the holder of a blanket lien agrees that its rights in the property shall be subordinate to the rights of owners. Every nondisturbance agreement shall contain a covenant by the lienholder that the lienholder, its successors, and anyone who acquires the property through the blanket lien shall not use, or cause or permit the property to be used in a manner which prevents the owners from using the time share units in the manner contemplated by the time share plan. The lienholder's agreement not to disturb an owner may require as a continuing condition that the owner perform all obligations and make all payments due under any purchase money contract and, if the time share interest or unit is held as a leasehold, under the lease.

"Notice of time share plan" means an instrument executed by the holder of the legal and equitable title to the fee or long-term leasehold interest in a time share unit, and which provides notice of the existence of the time share plan and of rights of owners. The notice of time share plan must identify the use period for each time share interest and the name of the initial purchaser thereof. If the time share unit is located outside the State, the notice shall be contained in a declaration of covenants, conditions, and restrictions which provide that the notice shall, as a matter of covenant, have the effects described in section 514E-21. The declaration of covenants, conditions, and restrictions must be prepared so as to (i) constitute a covenant running with and an equitable servitude upon the time share units for the duration of the time share plan, and (ii) have the effects described in section 514E-21.

"One-to-one use-right to use-night requirement" means that the sum of the nights which owners are entitled to use in a given year shall not exceed the number of nights available for use by those owners during that year.

"Owner" means any person who owns a time share interest; provided, however, that to the extent and for such purposes as are provided in any agreement of sale, the vendee under such agreement of sale shall be considered the owner of the time share interest.

"Person" includes an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons or legal entities, or any combination thereof.

"Plan manager" means a person who undertakes the duties, responsibilities, and obligations of managing a time share plan.

"Project" means:

(1) An individual condominium project;

(2) Two or more contiguous condominium projects that have been merged and for administrative purposes operate as a single condominium project;

(3) An individual cooperative housing project;

(4) An individual subdivision of single-family homes subject to one or more project instruments; or

(5) An individual subdivision of townhomes subject to one or more project instruments.

"Project" does not include a master development.

"Project instrument" means one or more documents, including any amendments to the documents, by whatever name denominated, containing restrictions or covenants regulating the use or occupancy of a project.

"Purchase money contract" means any note, negotiable instrument, agreement of sale, installment sales contract, or other contract which evidences or embodies a debt arising from a purchase money loan made to a purchaser by the developer or a creditor (i) who is affiliated with the developer by common control, contract, or business arrangement, or (ii) to whom the developer referred the purchaser.

"Purchaser" means any person who has contracted to acquire a time share interest.

"Purchaser money lien" means a lien on a time share interest that is:

(1) Taken or retained by the developer to secure payment by the purchaser of a time share interest of all or part of its price; or

(2) Given by a purchaser to a person who provides financing to the purchaser to enable the purchaser to buy the time share interest.

The rights of a seller of a time share interest under an agreement of sale shall be considered a purchase money lien for the purpose of this section.

"Record, recorded, etc." means to record in accordance with chapter 502, or to register in accordance with chapter 501.

"Sales agent" means a person who sells or offers to sell for compensation a time share interest in a time share plan, except a person who acquired a time share interest for the person's own occupancy and later offers it for resale.

"Time share instrument" means one or more documents, by whatever name denominated, creating or regulating any time share plan.

"Time share interest" means any interest in a time share unit or plan which entitles the owner or holder thereof to the use, occupancy or possession of a time share unit on a periodically recurring basis.

"Time share plan" means any plan or program in which the use, occupancy, or possession of one or more time share units circulates among various persons for less than a sixty-day period in any year, for any occupant. The term time share plan shall include both time share ownership plans and time share use plans, as follows:

(1) "Time share ownership plan" means any arrangement whether by tenancy in common, sale, deed or by other means, whereby the purchaser receives an ownership interest and the right to use the property for a specific or discernible period by temporal division.

(2) "Time share use plan" means any arrangement, excluding normal hotel operations, whether by membership agreement, lease, rental agreement, license, use agreement, security or other means, whereby the purchaser receives a right to use accommodations or facilities, or both, in a time share unit for a specific or discernible period by temporal division, but does not receive an ownership interest.

"Time share unit" means the actual and promised accommodations, and related facilities, which are the subject of a time share plan.

"Transient vacation rentals" means rentals in a multi-unit building to visitors over the course of one or more years, with the duration of occupancy less than thirty days for the transient occupant.

"Unit owner" means the holder of the fee of a unit not used as a time share unit; except that if the fee is encumbered by a lease of at least five years duration, then the person entitled to possession shall be deemed to be the unit owner. [L 1980, c 186, pt of §1; am L 1981, c 81, §§2, 3; am L 1982, c 186, §6 and c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1992, c 202, §177; am L 1997, c 372, §2; am L 2001, c 17, §1; am L 2004, c 164, §21; am L 2005, c 83, §2; ree L 2006, c 38, §26; am L 2008, c 28, §15; am L 2017, c 181, §33]
Haw. Rev. Stat. § 501-263 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-263
Effect of deregistration in specific cases.
Status: in_force

Notwithstanding section 501-262(a)(3), the following documents, instruments, and papers need not be registered pursuant to this chapter to be effective and shall be recorded in the bureau of conveyances pursuant to chapter 502:

(1) Any document, instrument, or paper assigning, extending, continuing, dissolving, discharging, releasing in whole or in part, reducing, canceling, extinguishing, or otherwise modifying or amending any of the following documents, instruments, or papers that have been registered pursuant to this chapter and that pertain to deregistered land:

(A) A mortgage;

(B) An agreement of sale for the sale of a fee time share interest or interest in other deregistered land. After the date and time of deregistration of a fee time share interest or interest in other deregistered land, the interest in any deregistered land covered by the agreement of sale shall be subject to section 502-85 and shall not be subject to section 501-101.5;

(C) A correction deed, correction mortgage, or other document, instrument, or paper correcting a document, instrument, or paper registered pursuant to this chapter;

(D) A lien or claim of lien on a fee time share interest held or claimed by a time share owners association, an association of apartment owners, or other homeowners' association or a lien or claim on an interest in other deregistered land held by a lienor or person claiming a lien;

(E) A lease that demises a fee time share interest or interest in other deregistered land;

(F) An order of court, attachment, writ, or other process against a fee time share interest or interest in other deregistered land;

(G) A mechanic's or materialman's lien or other lien upon a fee time share interest or interest in other deregistered land;

(H) A lis pendens or notice of pendency of action, notice, affidavit, demand, certificate, execution, copy of execution, officer's return, or other instrument relating to a fee time share interest or interest in other deregistered land and otherwise required or permitted to be recorded or registered in connection with the enforcement or foreclosure of any lien, whether by way of power of sale pursuant to chapter 667 or otherwise; or

(I) A power of attorney given by the owner of a fee time share interest or interest in other deregistered land or the vendor or vendee under an agreement of sale for the sale of a fee time share interest or interest in other deregistered land, a mortgagee or other lienor having a mortgage or lien upon a fee time share interest or interest in other deregistered land, or another party holding a claim or encumbrance against or an interest in a fee time share interest or interest in other deregistered land;

(2) A lis pendens or notice of pendency of action, notice, affidavit, demand, certificate, execution, copy of execution, officer's return, or other instrument relating to a fee time share interest or interest in other deregistered land and otherwise required or permitted to be recorded or registered in connection with the enforcement or foreclosure of any lien, whether by way of power of sale pursuant to chapter 667 or otherwise; and

(3) Any declaration annexing property to, any declaration deannexing property from, any amendment or supplement to, correction of, or release or termination of, any of the following documents, instruments, or papers that have been registered pursuant to this chapter and that pertain to deregistered land:

(A) A declaration of covenants, conditions, restrictions, or similar instrument, by whatever name denominated, establishing or governing a time share plan, or the bylaws of a time share owners association, notice of time share plan, or other time share instrument;

(B) A declaration of condominium property regime or similar declaration by whatever name denominated, the bylaws of the association of apartment owners, the condominium map, any declaration of merger and any instrument effecting a merger; provided that if only some of the condominium apartments are included in the time share plan, then it shall be necessary to register, and to note on the certificate of title for any apartment not included in the time share plan:

(i) Any declaration annexing property to the condominium property regime;

(ii) Any declaration deannexing property from the condominium property regime;

(iii) Any instrument effecting a merger of two or more condominium projects or two or more phases of a condominium project; and

(iv) Any document, instrument, or paper amending, supplementing, correcting, releasing, or terminating any of the documents listed in clauses (i) to (iii), the declaration of condominium property regime, the bylaws of the association of apartment owners, the condominium map, or any declaration of merger; and

(C) A declaration of covenants, conditions, restrictions, or similar instrument, by whatever name denominated, the bylaws of any homeowners association, any declaration of annexation or deannexation, any amendments and supplements thereto, and any cancellation or extinguishment thereof, any declaration of merger and any instrument effecting a merger; provided that if only some of the parcels of land covered by the declaration constitutes deregistered land, and if one or more of the remaining parcels constitute registered land, then it shall be necessary to register, and to note on the certificate of title for any registered land:

(i) Any declaration annexing property to the declaration;

(ii) Any declaration deannexing property from the operation of the declaration; and

(iii) Any document, instrument, or paper amending, supplementing, correcting, releasing, or terminating any of the documents listed in clause (i) or (ii), the declaration of covenants, conditions, restrictions, or the bylaws of the homeowners association. [L 2009, c 120, pt of §2, §21; am L 2012, c 182, §8; am L 2013, c 119, §11; am L 2016, c 215, §5]
Haw. Rev. Stat. § 501-42 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-42
Service; return day; further notice.
Status: in_force

The return day of the notice shall be not less than twenty, nor more than sixty days from the date of issue. The court shall also, within seven days after publication of the notice in a newspaper, cause a copy of the notice to be mailed by the registrar to every person named therein whose address is known. The court shall also cause a duly attested copy of the notice to be posted in a conspicuous place on each parcel of land included in the application, by a sheriff or other police officer, fourteen days at least before the return day thereof, and the sheriff's or police officer's return shall be conclusive proof of the service.

If the applicant requests to have the line of a public way determined, the court shall order notice to be given by the registrar by mailing a registered letter to the attorney general, and to the mayor of the county where the land lies; and also to the corporation counsel or county attorney of the county. If the land borders on a river, or shore, or on an arm of the sea where a river or harbor line has been established, or on a great pond, or if it otherwise appears from the application or the proceedings that the State may have a claim adverse to that of the applicant, notice shall be given in the same manner to the attorney general.

The court may also cause other or further notice of the application to be given in such manner and to such persons as it may deem proper. The court shall, so far as it deems it possible, require proof of actual notice to all adjoining owners and to all persons who appear to have any interest in or claim to the land included in the application. Notice to such persons by mail shall be by registered letter. The certificate of the registrar that the registrar has served the notice as directed by the court, by publishing or mailing, shall be filed in the case before the return day, and shall be conclusive proof of such service.

Every copy of the notice required to be mailed, posted, or given in any manner other than by publication shall include a description of the land by metes and bounds. [L 1903, c 56, §32; RL 1925, §3221; am L 1933, c 22, §2; RL 1935, §5025; RL 1945, §12625; RL 1955, §342-26; HRS §501-42; am L 1972, c 91, §1(h); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Haw. Rev. Stat. § 508C-10 — HI Code / Division 3 / Title 28 / Chapter 508C / Section 508C-10
Amendment or termination by consent.
Status: in_force

(a) An environmental covenant may be amended or terminated by consent; provided that the amendment or termination is signed by:

(1) The agency;

(2) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;

(3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or [an] environmental court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and

(4) Except as otherwise provided in subsection (d)(2), the holder.

(b) If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.

(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be considered an amendment.

(d) Except as otherwise provided in an environmental covenant:

(1) A holder may not assign the holder's interest without consent of the other parties specified in subsection (a); and

(2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a).

(e) [An] environmental court of competent jurisdiction may fill a vacancy in the position of a holder. [L 2006, c 279, pt of §2; am L 2014, c 218, §8]
Haw. Rev. Stat. § 501-104 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-104
Reference of doubtful questions.
Status: in_force

Where the assistant registrar is in doubt upon any question, or where any party in interest does not agree as to the proper memorandum to be made in pursuance of any deed, mortgage, or other voluntary instrument presented for registration, the question shall be referred to the court for decision, either on the certificate of the assistant registrar, stating the question upon which the assistant registrar is in doubt, or upon the suggestion in writing of any party in interest; and the court, after notice to all parties and a hearing, shall enter an order prescribing the form of memorandum to the assistant registrar, who shall make registration in accordance therewith.
Haw. Rev. Stat. § 516D-12 — HI Code / Division 3 / Title 28 / Chapter 516D / Section 516D-12
Mandatory arbitration of rent renegotiation.
Status: in_force

(a) Every residential lease shall contain a provision for the mandatory arbitration of any rent renegotiation reopening.

(b) In the event that a residential lease does not contain a mandatory arbitration provision, the following arbitration procedure shall apply:

(1) Rent shall be determined by three impartial arbitrators, who shall be recognized real estate appraisers;

(2) Each party shall select an arbitrator, both of whom shall select the third arbitrator;

(3) The three arbitrators shall determine the rent renegotiation which shall be final, conclusive, and binding on both parties; and

(4) Lessor and lessee shall each pay one-half of all proper costs and expenses other than attorneys' fees. [L 1989, c 168, pt of §4; ree L 1990, c 277, pt of §1]
Haw. Rev. Stat. § 526-13 — HI Code / Division 3 / Title 28 / Chapter 526 / Section 526-13
When disclaimer barred or limited.
Status: in_force

(a) A disclaimer is barred by a written waiver of the right to disclaim.

(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

(1) The disclaimant accepts the interest sought to be disclaimed;

(2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

(3) A judicial sale of the interest sought to be disclaimed occurs.

(c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

(e) A disclaimer is barred or limited if so provided by law other than this chapter.

(f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred. [L 2000, c 43, pt of §1]
Haw. Rev. Stat. § 516-95 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-95
Rules; eligible loans.
Status: in_force

(a) The corporation shall establish requirements for property financed by an eligible loan, and may consider, but not be limited to the location, age, condition, and other characteristics of the property.

(b) The corporation shall establish restrictions on the terms, maturities, interest rates, collateral, and other requirements for eligible loans.

(c) All eligible loans made shall comply with applicable state and federal laws. [L 1983, c 270, pt of §1; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Haw. Rev. Stat. § 501-242 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-242
Status of leasehold time share interest as real property.
Status: in_force

Nothing in this part shall affect the status of a leasehold time share interest as real property.
Haw. Rev. Stat. § 514B-42 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-42
Metering of utilities.
Status: in_force

(a) Units in a project that includes units designated for both residential and nonresidential use shall have separate meters, or calculations shall be made, or both, as may be practicable, to determine the use by the nonresidential units of utilities, including electricity, water, gas, fuel, oil, sewerage, air conditioning, chiller water, and drainage, and the cost of the utilities shall be paid by the owners of the nonresidential units; provided that the apportionment of the charges among owners of nonresidential units shall be done in a fair and equitable manner as set forth in the declaration or bylaws.

Notwithstanding any provision to the contrary in this chapter or in a project's declaration or bylaws the board may authorize the installation of separate meters to determine the use by each of the residential and commercial units of utilities, including electricity, water, gas, fuel, oil, sewerage, and drainage; provided that the cost of installing the meters shall be paid by the association.

(b) Notwithstanding any approval requirements and spending limits contained in a project's declaration or bylaws, the board of any association may authorize the installation of meters to determine the use by each individual unit of utilities, including electricity, water, gas, fuel, oil, sewerage, air conditioning, chiller water, and drainage; provided that the cost of installing the meters shall be paid by the association. The cost of metered utilities shall be paid by the owners of each unit based on actual consumption and, to the extent not billed directly to the unit owner by the utility provider, may be collected in the same manner as common expense assessments. Owners' maintenance fees shall be adjusted as necessary to avoid any duplication of charges to owners for the cost of metered utilities. [L 2005, c 93, pt of §2; am L 2012, c 18, §3]
Haw. Rev. Stat. § 506-1 — HI Code / Division 3 / Title 28 / Chapter 506 / Section 506-1
Lien of mortgages of real property or fixtures; debts secured; priority.
Status: in_force

(a) Every transfer of an interest in real property or fixtures made as security for the performance of another act or subject to defeasance upon the payment of an obligation, whether the transfer is made in trust or otherwise, is to be deemed a mortgage and shall create a lien only as security for the obligation and shall not be deemed to pass title.

(b) A mortgage may secure the repayment of past debt, a debt incurred at the time the mortgage is executed, or a debt incurred for advances which may be made by the mortgagee subsequent to the execution of the mortgage even though the mortgagee is under no contractual duty to make these advances. Except as otherwise provided in sections 490:9-334 and 490:9-604 of the Uniform Commercial Code with respect to security interests in fixtures, a mortgage which secures future advances, up to but not exceeding the maximum amount of future advances stated in the mortgage, shall be superior to any subsequently recorded mortgage, lien, or other encumbrances or conveyance, other than liens for real property taxes and assessments for public improvements, even though the subsequently recorded mortgage, lien, or other encumbrance or conveyance is recorded prior to the date upon which any advance or advances have been made. [L 1939, c 255, pt of §1; RL 1945, §8871; am L 1951, c 202, §1; RL 1955, §196-1; am L 1966, c 18, §5(b); HRS §506-1; am L 1986, c 28, §1; am L 1987, c 275, §1; am L 2000, c 241, §5]
Haw. Rev. Stat. § 514B-143 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-143
Insurance.
Status: in_force

(a) Unless otherwise provided in the declaration or bylaws, the association shall purchase and at all times maintain the following:

(1) Property insurance:

(A) On the common elements;

(B) Providing coverage for special form causes of loss; and

(C) In a total amount of not less than the full insurable replacement cost of the insured property, less deductibles, but including coverage for the increased costs of construction due to building code requirements, at the time the insurance is purchased and at each renewal date;

(2) Commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the property in a minimum amount of $1,000,000, or a greater amount deemed sufficient in the judgment of the board;

(3) A fidelity bond, as follows:

(A) An association with more than five dwelling units shall obtain and maintain a fidelity bond covering persons, including the managing agent and its employees who control or disburse funds of the association, in an amount equal to $500 multiplied by the number of units; provided that the amount of the fidelity bond required by this paragraph shall not be less than $20,000 nor greater than $200,000; and

(B) All management companies that are responsible for the funds held or administered by the association shall be covered by a fidelity bond as provided in section 514B‑132(a)(3). The association shall have standing to make a loss claim against the bond of the managing agent as a party covered under the bond; and

(4) The board shall obtain directors and officers liability coverage at a level deemed reasonable by the board, if not otherwise limited by the declaration or bylaws.

(b) If a building contains attached units, the insurance maintained under subsection (a)(1), to the extent reasonably available, shall include the units, the limited common elements, except as otherwise determined by the board, and the common elements. The insurance need not cover improvements and betterments to the units installed by unit owners, but if improvements and betterments are covered, any increased cost may be assessed by the association against the units affected.

For the purposes of this section, "improvements and betterments" means all decorating, fixtures, and furnishings installed or added to and located within the boundaries of the unit, including electrical fixtures, appliances, air conditioning and heating equipment, water heaters, or built-in cabinets installed by unit owners.

(c) If a project contains detached units, then notwithstanding the requirement in this section that the association obtain the requisite coverage, if the board determines that it is in the best interest of the association to do so, the insurance to be maintained under subsection (a)(1) may be obtained separately for each unit by the unit owners; provided that the requirements of subsection (a)(1) shall be met; and provided further that evidence of such insurance coverage shall be delivered annually to the association. In such event, the association shall be named as an additional insured.

(d) The board, in the case of a claim for damage to a unit or the common elements, may:

(1) Pay the deductible amount as a common expense;

(2) After notice and an opportunity for a hearing, assess the deductible amount against the owners who caused the damage or from whose units the damage or cause of loss originated; or

(3) Require the unit owners of the units affected to pay the deductible amount.

(e) The declaration, bylaws, or the board may require the association to carry any other insurance, including workers' compensation, employment practices, environmental hazards, and equipment breakdown, that the board considers appropriate to protect the association, the unit owners, or officers, directors, or agents of the association. Flood insurance shall also be maintained if the property is located in a special flood hazard area as delineated on flood maps issued by the Federal Emergency Management Agency. The flood insurance policy shall comply with the requirements of the National Flood Insurance Program and the Federal Insurance and Mitigation Administration.

(f) Any loss covered by the property policy under subsection (a)(1) shall be adjusted by and with the association. The insurance proceeds for that loss shall be payable to the association, or to an insurance trustee designated by the association for that purpose. The insurance trustee or the association shall hold any insurance proceeds in trust for unit owners and secured parties as their interests may appear.

(g) The board, with the vote or written consent of a majority of the unit owners, may require unit owners to obtain reasonable types and levels of insurance. The liability of a unit owner shall include but not be limited to the deductible of the owner whose unit was damaged, any damage not covered by insurance required by this subsection, as well as the decorating, painting, wall and floor coverings, trim, appliances, equipment, and other furnishings.

If the unit owner does not purchase or produce evidence of insurance requested by the board, the directors may, in good faith, purchase the insurance coverage and charge the reasonable premium cost back to the unit owner. In no event is the association or board liable to any person either with regard to the failure of a unit owner to purchase insurance or a decision by the board not to purchase the insurance for the owner, or with regard to the timing of its purchase of the insurance or the amounts or types of coverages obtained.

(h) The provisions of this section may be varied or waived in the case of a project in which all units are restricted to nonresidential use. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §25; am L 2014, c 189, §6; am L 2019, c 111, §34]
Haw. Rev. Stat. § 520A-5 — HI Code / Division 3 / Title 28 / Chapter 520A / Section 520A-5
Exceptions to limitations.
Status: in_force

Nothing in this chapter limits in any way any liability which otherwise exists:

(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates; or

(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the control or eradication of invasive species, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section. [L 2003, c 86, pt of §1]
Haw. Rev. Stat. § 514E-1.5 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-1.5
Time share administrator; duties.
Status: in_force

The director shall appoint a time share administrator, who shall not be subject to chapter 76, to administer this chapter. The administrator shall be responsible for the performance of the duties conferred upon the director by this chapter.
Haw. Rev. Stat. § 514B-111 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-111
] Judicial power to excuse compliance with requirements of declaration or bylaws.
Status: in_force

(a) The circuit court of the judicial circuit in which a condominium is located may excuse compliance with any of the following provisions in a declaration or bylaws if it finds that the provision unreasonably interferes with the association's ability to manage the common property, administer the condominium property regime, or carry out any other function set forth in the declaration or bylaws, and that compliance is not necessary to protect the legitimate interests of the members or lenders holding security interests:

(1) A provision limiting the amount of any assessment that can be levied against individually owned property;

(2) A provision requiring that an amendment to the declaration or bylaws be approved by lenders;

(3) A provision requiring approval of at least sixty-seven per cent of the common interest to adopt an amendment pursuant to section 514B‑32(a)(11) or section 514B‑108(e); provided that the amendment does not:

(A) Prohibit or materially restrict the use or occupancy of, or behavior within, individually owned units;

(B) Change the basis for allocating voting rights or assessments among unit owners; or

(C) Apply to less than all of the unit owners;

(4) A requirement that an amendment to the declaration be signed by unit owners; or

(5) A quorum requirement for meetings of unit owners.

(b) The board, on behalf of the association, shall by certified mail provide all unit owners with notice of the date, time, and place of any court hearing to be held pursuant to this section. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
Haw. Rev. Stat. § 502-92 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-92
Copies of old records.
Status: in_force

The registrar shall prepare photographic, electronic, or electrostatic copies of the records and record books in the bureau of conveyances which by reason of age, usage, or otherwise are in such condition that they can no longer be conveniently used or consulted without danger of destruction thereof, and certify to the correctness of such copies. The certified copies, and prints made from them and similarly certified, may be read in evidence with the same force and effect as the original instrument. The correctness of such copies is not conclusive but may be rebutted. All such records and record books from which the copies are made shall be deposited with the department of accounting and general services in its public archives. The registrar may convert into electronic form information or documents recorded before the registrar was given the authority to record electronic documents.
Haw. Rev. Stat. § 502-21 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-21
Recording of plans unlawful.
Status: in_force

It shall not be lawful for the registrar to accept for record any plan of land, whether attached to, made a part of, or independent of, any deed, certified copy of judgment of condemnation, or other instrument; to the end and purpose that there shall be no plans recorded in the record books, but in substitution therefor there shall be a single method of filing plans in the archives of the bureau of conveyances; provided that where sketches, blueprints, or plans of land of a size not larger than 8 1/2 inches by 14 inches which legibly reproduces under photographic, electronic, or electrostatic methods are attached to instruments and made a part thereof by reference to the same in the instrument, the registrar may record the same in the record books by means of the photographic recorder, on payment of the fee as provided in section 502-25.
Haw. Rev. Stat. § 516-29 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-29
Notice of disposition.
Status: in_force

Except in case of a sale of the leased fee interest to the lessee of a residential lot under lease, no sale or lease of any residential lots shall be made by the Hawaii housing finance and development corporation unless it has given public notice on at least two different days in the county of its intent to sell or lease. The notice shall state, in general terms, the size, location, and prices or lease rentals of the lots to be sold or leased, the terms of the sale or lease, and the last date on which applications will be received by the corporation, which date shall not be less than thirty days after the first notice. The notice shall also state the times and places at which more detailed information with respect to the sale or lease may be secured by interested persons.
Haw. Rev. Stat. § 514B-10 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-10
Remedies to be liberally administered.
Status: in_force

(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Punitive damages may not be awarded, however, except as specifically provided in this chapter or by other rule of law.

(b) Any deed, declaration, bylaw, or condominium map shall be liberally construed to facilitate the operation of the condominium property regime.

(c) Any right or obligation declared by this chapter is enforceable by judicial proceeding. [L 2004, c 164, pt of §2 ; am L 2005, c 93, § 7 ; am L 2006, c 273, §4]
Haw. Rev. Stat. § 510-10 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-10
Death of husband or wife.
Status: in_force

(a) Upon the death of the husband or wife one-half of the community property shall continue to belong to the survivor, subject to the payment of claims for which the community property is liable and subject to administration expenses, and the other half shall pass in accordance with testamentary disposition by the decedent or in the absence of testamentary disposition then to the heirs of the decedent, subject to the payment of claims for which the community property is liable and subject to administration expenses. The survivor and the successor or successors of the decedent shall hold their interests as tenants in common, except as may otherwise be provided in the will of the decedent with respect to the interests of the beneficiaries thereof as among themselves.

(b) Upon the death of the husband or wife, the personal representative of the decedent, shall administer upon the whole of the community property, including the interests therein of the survivor and of the decedent, as well as upon the separate property of the decedent. The personal representative shall have the same rights and powers and duties with respect to the administration and disposition of community property, real and personal, as the personal representative has with respect to the separate property of the decedent. Chapter 560, with respect to the administration and disposition of property, real and personal, included in estates is applicable with respect to community property as well as with respect to the separate property of the decedent. The court having jurisdiction of the estate shall determine whether and to what extent property constitutes community property or separate property of the decedent or separate property of the survivor and shall also determine whether and to what extent claims are payable out of community property or out of the separate property of the decedent. Claims and administration expenses paid out of community property shall be charged equally against the half of the community property which belongs to the survivor and the half of the community property which passes in accordance with the testamentary disposition of the decedent or to the heirs of the decedent; provided that no estate, inheritance, succession, or similar taxes payable by reason of the transfer upon the death of the decedent of the decedent's interest in the community property shall be charged against the half of the community property which belongs to the survivor.

(c) The whole of the community property which at the time of the death of the husband or the wife is held by or is standing in the name of the survivor, and all substitutions therefor, shall continue to be subject to the same powers of the survivor to receive, manage, control, dispose of, and otherwise deal with the same as such powers subsisted immediately prior to such death, so long as the same continues to be held by or stand in the name of the survivor, and no person shall be held liable or accountable with respect to any conveyance, transfer, or other disposition thereof who would not have been so liable or accountable had the deceased husband or wife continued to survive. The survivor shall hold such property until it has been reduced to possession and control by the personal representative of the decedent as provided in this section, and shall act in respect thereto in a fiduciary capacity for the estate of the decedent and the successor or successors of the decedent. The personal representative shall not be held liable or accountable for any loss or damage to such property while the same is held by the survivor. [L 1945, c 273, pt of §1; am L 1949, c 242, §3(d); RL 1955, §326-10; HRS §510-10; am L 1972, c 107, §1(c); am L 1976, c 200, pt of §1; am L 1979, c 105, §48; gen ch 1985]
Haw. Rev. Stat. § 501-102 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-102
Filing liens, etc.
Status: in_force

§501-102 Filing liens, etc., notice. (a) Every conveyance, lien, attachment, order, decree, instrument, or entry affecting registered land, which would under existing laws, if recorded, filed, or entered in the bureau of conveyances, affect the real estate to which it relates, shall, if registered, filed, or recorded, or entered in the office of the assistant registrar in the bureau of conveyances, be notice to all persons from the time of such registering, filing, recording, or entering and shall contain a reference to the number of the certificate of title and an indorsement of the current certificate of title, if applicable, of the land to be affected.

(b) This section shall not be construed to relate to state or federal tax liens or child support liens that are created pursuant to order or judgment filed through judicial or administrative proceeding in this State or in any other state, the recording of which shall be as provided by chapters 231, 505, and 576D, respectively, or to liens arising from money judgments, orders, or decrees recorded pursuant to section 636-3. The recordation of the child support order or judgment in the bureau of conveyances shall be deemed, at such time, for all purposes and without any further action, to place a lien on land registered in the land court under this chapter. [L 1903, c 56, §51; RL 1925, §3240; RL 1935, §5050; RL 1945, §12650; RL 1955, §342-51; HRS §501-102; am L 1973, c 128, §4; am L 1986, c 246, §4; am L 1989, c 20, §3; am L 1997, c 293, §21; am L 2000, c 178, §3; am L 2014, c 19, §3]
Haw. Rev. Stat. § 502-43 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-43
Form when person unknown.
Status: in_force

When the person offering the acknowledgment is unknown to the officer taking the acknowledgment, the certificate may be substantially in the following form, to-wit:

State of Hawaii ) ss.

County of .........................)

On ............(insert date), personally appeared before me A.B., satisfactorily proved to me to be the person described in and who executed the within instrument, by the oath of C.D., a credible witness for that purpose, to me known and by me duly sworn, and the person, A.B., acknowledged that the person executed the same freely and voluntarily for the uses and purposes therein set forth. [L 1872, c 28, §4; RL 1925, §3149; RL 1935, §5135; RL 1945, §12735; RL 1955, §343-27; HRS §502-43; am L 1972, c 125, §1(c); am L 1992, c 197, §11; am L 2006, c 38, §19]
Haw. Rev. Stat. § 516-34 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-34
Mortgages, agreements of sale, other instruments.
Status: in_force

(a) If an applicant who wishes to purchase the leased fee interest in the applicant's residential leasehold lot is unable to obtain sufficient funds at reasonable rates from private lenders, the Hawaii housing finance and development corporation may, by way of mortgage, agreement of sale or other instruments to secure the indebtedness, loan to the purchaser up to ninety per cent of the purchase price; provided that such agreement of sale shall be for a term not to exceed three years; provided further that the corporation, upon its discretion, may extend such agreement of sale for not more than two years if the lessee requests such extension. In case of any dispute of the extension of the agreement of sale, the lessee shall bear the burden of proof to show good cause for such extension.

(b) The purchaser of the leased fee interest shall pay not less than ten per cent of the price and execute with the corporation an agreement of sale, or mortgage, or other instrument to secure the indebtedness under the terms of which the unpaid balance and the interest thereon, at a reasonable rate determined by the corporation, shall be paid in monthly installments over such periods as the corporation may determine. Every mortgage, agreement of sale, other instruments to secure the indebtedness, or instrument of indebtedness shall be freely assignable by the corporation and may contain such other provisions as are usually found in such instruments and shall provide that the purchaser may prepay the whole or any part of the unpaid balance of the purchase price plus accrued interest at any time without prepayment penalty.

(c) If the purchaser defaults on the payment of any loan, the corporation shall take all necessary action to collect the delinquent principal and interest on the loan and may take all actions allowed to holders of obligations, including the power to repossess, purchase, lease, rent, repair, renovate, modernize, and sell the property foreclosed. [L 1967, c 307, §23; HRS §516-34; am L 1968, c 46, §2g; am L 1975, c 184, §2(14); gen ch 1985; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Haw. Rev. Stat. § 507-68 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-68
Payment before sale.
Status: in_force

Any person claiming a right to the goods must pay the amount necessary to satisfy the lien and the reasonable expenses incurred for particular actions taken pursuant to this part. In that event, the goods shall not be sold, but shall be retained by the owner subject to the terms of this part pending a court order directing disposition of the property.
Haw. Rev. Stat. § 502-122 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-122
Electronic document and electronic signature; validity.
Status: in_force

(a) The registrar may accept an electronic document for recording. The electronic document shall be exempt from any requirement under this chapter that a document or instrument be:

(1) The original document or instrument;

(2) On paper, cloth, or other tangible medium; or

(3) In writing.

(b) When a law requires as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

(c) Any requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath shall be satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. It shall not be necessary to accompany an electronic signature with a physical or electronic image or a stamp, impression, or seal.

(d) In a proceeding, evidence of a document or signature shall not be excluded solely because it is in electronic form. [L 2009, c 102, pt of §2(1)]
Haw. Rev. Stat. § 516-35 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-35
Restrictions on sale and use of residential lots.
Status: in_force

(a) If state moneys are used for the purchase of the owner's basis, then for a period of ten years after the purchase from the corporation of the leased fee interest in a residential lot, the purchaser shall not transfer any interest in the property unless the purchaser has first notified the corporation in writing of the purchaser's intention to do so.

The notice shall specify the purchaser's address and upon receipt of the notice, the corporation shall have the first option to purchase the land at the original purchase price of the leased fee from the corporation plus ten per cent a year from the date of said original purchase up to the time of repurchase or the fair market value at the time of repurchase, whichever is lower, plus the fair market value of the improvements; provided that title to a dwelling unit and the property or lease may pass to a family member by devise or through the laws of descent, notwithstanding any qualifications set forth in section 516-33 or the rules and regulations established by the corporation.

At the time of the repurchase, the fair market value of the land and the improvements shall be determined by a qualified appraiser, selected by the purchaser from a list of three appraisers provided by the corporation, whose services shall be paid for by the corporation; provided that the appraisal is subject to review by the corporation prior to acceptance. If the purchaser disagrees with the value, the purchaser may appoint the purchaser's own appraiser at the purchaser's own cost and any further disagreement on the value may be resolved by negotiation or otherwise.

(b) Within sixty days after the receipt of the notice the corporation shall in writing notify the purchaser at the address so specified whether it elects to exercise its option. The date of election to purchase shall constitute the date of valuation for repurchase. Nonpayment of the purchase price by the corporation within ninety days from the date of election shall constitute a default and shall void the election and terminate the right to exercise the option by the corporation. If the corporation refuses, or fails within the sixty-day period to reply to the offer, the purchaser may sell the fee simple interest in the property, or lease the property for a period not to exceed one year, to any person, free from any price restrictions; provided that if the purchaser leases the property, the purchaser shall, upon expiration of the term of the lease, again comply with the requirements of subsection (a) whenever the expiration date of the term of the lease is within the ten-year period stated in subsection (a); further provided that if the purchaser notifies the corporation of the purchaser's intention to sell the property, but does not sell or lease the property within two years after the date the notice was received by the corporation, the purchaser must again comply with the requirements of subsection (a) if the ten-year period stated in subsection (a) has not expired.

(c) The corporation may lease, rent, or resell, any lot and improvements purchased by it under this part.

(d) Any original lease, deed, agreement of sale, mortgage, and other instruments of conveyance issued by the corporation under this part shall expressly contain the restriction on sale and use of the residential lot as prescribed by this section. [L 1967, c 307, §24; HRS §516-35; am L 1975, c 184, §2(15); am L 1976, c 242, §3; gen ch 1985; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Haw. Rev. Stat. § 523A-21 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-21
Retention of records.
Status: in_force

(a) Except as otherwise provided in subsection (b), a holder required to file a report under section 523A-8 shall maintain the records containing the information required to be included in the report for ten years after the holder files the report, unless a shorter period is provided by rule of the administrator.

(b) A business association or financial organization that sells, issues, or provides to others for sale or issue in this State, traveler's checks, money orders, or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the state and date of issue, for three years after the holder files the report. [L 2008, c 55, pt of §1]
Haw. Rev. Stat. § 508D-4.5 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-4.5
Release or waiver of construction defect.
Status: in_force

Any release from or waiver of liability, or release from a warranty by a seller to any government agency, contractor as defined in section 444-1, or engineer, architect, land surveyor, or landscape architect licensed to practice that profession under chapter 464, for any defect, mistake, or omission in the design or construction of any residential real property that measurably affects the value of the residential real property is a material fact that shall be contained in a disclosure statement.
Haw. Rev. Stat. § 501-110 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-110
Statement of encumbrances.
Status: in_force

If at the time of any transfer there appears upon the registration book encumbrances or claims adverse to the title of the registered owner, they shall be stated in the new certificate or certificates, except as far as they may be simultaneously released or discharged and except as provided in sections 501-241 to 501-248.

Revision Note

"Sections 501-241 to 501-248" substituted for "chapter 501, part ".
Haw. Rev. Stat. § 502-125 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-125
Relation to federal Electronic Signatures in Global and National Commerce Act.
Status: in_force

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, or authorize electronic delivery of any of the notices described in section 103(b) of that Act.
Haw. Rev. Stat. § 517E-6 — HI Code / Division 3 / Title 28 / Chapter 517E / Section 517E-6
Release or modification of restrictions on management, investment, or purpose.
Status: in_force

(a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction on the management, investment, or purpose of an institutional fund contained in a gift instrument. A release or modification shall not allow a fund to be used for a purpose other than a charitable purpose of the institution.

(b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor's probable intention.

(c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard.

(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, without application to the court, but with the consent of the attorney general, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument if the fund subject to the restriction has a total value of less than $250,000.

(e) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, sixty days after notification to the attorney general, may release or modify the restriction, in whole or part, if:

(1) The institutional fund subject to the restriction has a total value of less than $50,000;

(2) More than twenty years have elapsed since the fund was established; and

(3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument. [L 2009, c 135, pt of §1]
Haw. Rev. Stat. § 514E-28 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-28
Requirements for surety bonds and letters of credit.
Status: in_force

Any surety bond or irrevocable letter of credit furnished to the director pursuant to section 514E-19 must be in an amount which is not less than one hundred ten per cent of the remaining principal balance of every indebtedness secured by a blanket lien related to the time share unit. Any such bond must be issued by a surety authorized to do business in the State and having sufficient net worth to be acceptable to the director. Any such letter of credit must be irrevocable and must be drawn upon a bank, savings and loan association, or other financial institution authorized to do business in the State and having a sufficient net worth to be acceptable to the director. The bond or irrevocable letter of credit shall provide for payment (up to the limit of such bond or letter of credit) of all amounts secured by the blanket lien, including costs, expenses, and legal fees of the lienholder, if for any reason the blanket lien is enforced. The beneficiary of any such letter of credit and the obligee of any such bond shall be the director on behalf of the owners. The bond or irrevocable letter of credit may be reduced periodically in proportion to the reduction of the remaining principal balance of the indebtedness secured by the blanket liens. Upon being furnished with a surety bond or irrevocable letter of credit satisfying the foregoing requirements, the developer shall prepare and the director shall execute and acknowledge a document in recordable form accepting such surety bond or irrevocable letter of credit and identifying the time share units to which it applies.
Haw. Rev. Stat. § 523A-52 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-52
Definitions.
Status: in_force

For purposes of this part, the following words shall have the following meanings:

"Unclaimed property" means any tangible personal property or intangible personal property, including money, deposits, choses in action in amounts certain, and all debts owed on entrusted funds or other property (except bonuses and gratuities) held by any federal agency or any officer or employee thereof, whether occasioned by contract or operation of law or otherwise, and all interest, income, or increment derived therefrom, less any lawful charges, which has remained unclaimed by the owner for:

(1) One year from the date of maturity or call for payment, if arising from transactions under the public debt; or

(2) One year after the property first became payable, demandable or returnable, if arising from any other transaction. [L 1988, c 93, pt of §2]
Haw. Rev. Stat. § 510-3 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-3
Control of husband's separate property.
Status: in_force

The husband has the same right to manage, control, dispose of, and otherwise deal with his separate property as would be applicable with respect to his property generally were it not for the enactment of this chapter.
Haw. Rev. Stat. § 509-3 — HI Code / Division 3 / Title 28 / Chapter 509 / Section 509-3
[ §509-3] Tenancy by the entirety when owners change relationship status.
Status: in_force

[ §509-3] Tenancy by the entirety when owners change relationship status. (a) When two individuals who hold property as tenants by the entirety enter into a different legal relationship with each other that also allows them to hold property as tenants by the entirety, their ownership as tenants by the entirety shall be continuous:

(1) If the new legal relationship is entered into simultaneously with the termination of the earlier legal relationship; or

(2) If the new legal relationship is entered into within ninety days after the termination of the earlier legal relationship; provided that no liens were perfected and attached on the property in the interim.

(b) The continuity of a tenancy by the entirety under this section shall apply to couples married under chapter 572, civil union partners under chapter 572B, and reciprocal beneficiaries under chapter 572C.

(c) Nothing in this section precludes any individuals from opting to hold their property in another manner as permitted under this chapter.

(d) Nothing in this section shall impact liens perfected and attached on the property after the earlier legal relationship was terminated and before January 1, 2012. [L 2012, c 267, §2]

Revision Note

In subsection (d), "January 1, 2012" substituted for "the date this Act became law upon its approval". The approval date for Act 267 was July 6, 2012.
Haw. Rev. Stat. § 521-81 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-81
Change of locks; victims of domestic violence.
Status: in_force

(a) Subject to subsections (b) and (c), if a tenant of a dwelling unit or an immediate family member of the tenant has been the victim of domestic violence and the tenant does not elect to be released from the rental agreement pursuant to section 521-80, the tenant may require the landlord to change the locks to the dwelling unit by submitting a request to the landlord to do so.

(b) Within three days of the receipt of the request in subsection (a), the landlord shall change the locks at the tenant's expense. If the landlord fails to act within the three-day period, the tenant may change the locks without the landlord's permission and shall give the landlord a key to the new locks.

(c) If the person who committed domestic violence against the tenant or immediate family member of the tenant is also a party to the rental agreement, the locks shall not be changed unless there is a court order requiring the person to vacate the dwelling unit and a copy of the order has been furnished to the landlord.

(d) The tenant shall not be required to pay any additional rent, fees, or security deposit because of the exclusion of the person who committed domestic violence from the dwelling unit.

(e) The person who committed domestic violence against the tenant or immediate family member of the tenant shall not be entitled to any damages or other relief against the landlord or the tenant who in good faith complies with this section. [L 2015, c 220, pt of §1]
Haw. Rev. Stat. § 504-1 — HI Code / Division 3 / Title 28 / Chapter 504 / Section 504-1
Registration of federal judgments.
Status: in_force

Judgments of United States courts may be registered, recorded, docketed, and indexed in the bureau of conveyances or with the assistant registrar of the land court in the same manner as judgments of the courts of the State. Except as otherwise provided, every judgment shall contain or have endorsed on it the State of Hawaii general excise taxpayer identification number, the federal employer identification number, or the last four digits only of the social security number for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number, or if that information is not in the possession of the party seeking the registration, recordation, docketing, or indexing of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration, recordation, docketing, or indexing of the judgment. Failure to disclose or disclosure of an incorrect social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon the registration, recordation, docketing, or indexing of the judgment.
Haw. Rev. Stat. § 514B-151 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-151
Association fiscal matters; lease rent renegotiation.
Status: in_force

(a) Notwithstanding any provision in the declaration or bylaws, any lease or sublease of the real estate or of a unit, or of an undivided interest in the real estate to a unit owner, whenever any lease or sublease of the real estate, a unit, or an undivided interest in the real estate to a unit owner provides for the periodic renegotiation of lease rent thereunder, the association shall represent the unit owners in all negotiations and proceedings, including but not limited to appraisal or arbitration, for the determination of lease rent; provided that the association's representation in the renegotiation of lease rent shall be on behalf of at least two lessees. All costs and expenses incurred in such representation shall be a common expense of the association.

(b) Notwithstanding subsection (a), if some, but not all of the unit owners have already purchased the leased fee interest appurtenant to their units as of the earlier of any date specified in the lease or sublease for the commencement of lease rent renegotiation or nine months prior to the commencement of the term for which lease rent is to be renegotiated, all costs and expenses of the renegotiation shall be assessed to the remaining lessees whose lease rent is to be renegotiated in the same proportion that the common interest appurtenant to each lessee's unit bears to the common interest appurtenant to all remaining lessees' units whose lease rent is to be renegotiated. The unpaid amount of this assessment shall constitute a lien upon the lessee's unit, which may be collected in accordance with section 514B‑146 in the same manner as an unpaid common expense.

(c) In any project where the association is a lessor or sublessor, the association shall fulfill its obligations under this section by appointing independent counsel to represent the lessees in the negotiations and proceedings related to the rent renegotiation. The lessees' counsel shall act on behalf of the lessees in accordance with the vote or written consent of a majority of the lessees casting ballots or submitting written consents as determined by the ratio that the common interest appurtenant to each lessee's unit bears to the total common interest appurtenant to the units of participating lessees. Nothing in this subsection shall be interpreted to preclude the lessees from making a decision (by the vote or written consent of a majority of the lessees as described above) to retain other counsel or additional professional advisors as may be reasonably necessary or appropriate to complete the negotiations and proceedings. In the event of a deadlock among the lessees or other inability to proceed with the rent renegotiation on behalf of the lessees, the lessees' counsel may apply to the circuit court of the judicial circuit in which the condominium is located for instructions. The association shall not instruct or direct the lessees' counsel or other professional advisors. All costs and expenses incurred under this subsection shall be assessed by the association to the lessees as provided in subsection (a) or (b), as may be applicable.

(d) As used in this section, "lessees" or "remaining lessees" means all unit owners who have not purchased the leased fee interest appurtenant to their units as of the earlier of any date specified in the lease or sublease for the commencement of lease rent negotiation or nine months prior to the commencement of the term for which lease rent is to be renegotiated. The board's allocation of expenses under this section shall be final and binding in the absence of a determination that the board abused its discretion. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §28]
Haw. Rev. Stat. § 521-11 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-11
Time; reasonable time.
Status: in_force

(a) Whenever this chapter requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.

(b) What is a reasonable time for taking any action depends on the nature, purpose, and circumstances of the action. [L 1972, c 132, pt of §1]
Haw. Rev. Stat. § 516-103 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-103
Revenue bonds; interest rate, price, and sale.
Status: in_force

(a) The revenue bonds shall bear interest at a rate or rates payable monthly, quarterly, or semiannually.

(b) The corporation shall include the costs of undertaking and maintaining the acquisition loan programs for which the revenue bonds are issued in determining the principal amount of revenue bonds to be issued. In determining the cost of undertaking and maintaining the acquisition loan programs, the corporation may include the cost of purchasing or funding loans or other agreements entered into for the acquisition loan programs; the costs of studies and surveys; insurance premiums; underwriting fees; financial consultant, legal, accounting, and marketing services incurred; reserve account, trustee, custodian, and rating agency fees; and interest on the bonds for a period not to exceed one year from the date of issuance.

(c) The revenue bonds may be sold at public or private sale, and for a price as may be determined by the corporation to be in the best interest of the State.

(d) Section 39-65 shall not apply to revenue bonds issued for the purpose of undertaking and maintaining any of the acquisition loan programs as permitted by this part. The legislature consents to the taxation by the United States of America of interest on revenue bonds issued for the purpose of undertaking and maintaining any of the acquisition loan programs as permitted by this part. [L 1983, c 270, pt of §1; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16]

Revision Note

Section "39-65" substituted for "39-61".
Haw. Rev. Stat. § 502-15 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-15
Annual indexes.
Status: in_force

The registrar shall within the first six months of each year, or within such further time during the year as the registrar may think proper, cause to be made by competent persons, copies of the indexes to the instruments recorded in the bureau of conveyances during the preceding year, in which copies the grantors and grantees shall be classified by their respective surnames in alphabetical order, and arranged under such surnames in the order in which the deeds and other conveyances to which they refer were left for record. The registrar may also cause the Christian or given names of grantors and grantees, as well as their surnames to be arranged in alphabetical order in such lists.

The registrar shall cause to be made a reclassification and consolidation of the yearly indexes as the convenience of the registrar may permit. The registrar may also cause copies of the indexes or new indexes to the records existing in the registrar's office to be made by some competent person as conditions may require. [L 1905, c 4, §6; RL 1925, §3132; RL 1935, §5118; RL 1945, §12718; am L 1955, c 135, §1; RL 1955, §343-9; am imp L 1967, c 6, §1; HRS §502-15; gen ch 1985]
Haw. Rev. Stat. § 508C-3 — HI Code / Division 3 / Title 28 / Chapter 508C / Section 508C-3
Nature of rights; subordination of interests.
Status: in_force

(a) Any person, the agency, or a county may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property.

(b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be an interest in real property.

(c) An agency shall be bound by any obligation the agency assumes in an environmental covenant; provided that an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant; provided that signing the covenant shall not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.

(d) The following rules apply to interests in real property in existence at the time an environmental covenant covering that real property is created or amended:

(1) An interest that has priority under other law shall not be affected by an environmental covenant, unless the person that owns the interest subordinates that interest to the covenant;

(2) A person that owns a prior interest shall not be required to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;

(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly-owned property in a common interest community, the record may be signed by any person authorized by the governing board of the common interest community; and

(4) An agreement by a person to subordinate a prior interest to an environmental covenant shall affect the priority of that person's interest; provided that it shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant. [L 2006, c 279, pt of §2]
Haw. Rev. Stat. § 507-23 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-23
Sale of personal property by lien holder.
Status: in_force

Notwithstanding sections 507-18 to 507-22, in the event the reasonable charges for the work done and materials furnished do not exceed $150, the holder of any lien provided for in section 507-18 may, in lieu of obtaining judgment and execution upon the property so held by the holder, sell the article of personal property upon which the alterations or repairs have been made in the manner hereinafter set forth and apply the proceeds of the sale in satisfaction of the reasonable charges for the work done and materials furnished; provided that the article has been unclaimed for at least three months. The holder of the lien shall give public notice by publication in a newspaper of general circulation in the State, the publication to be not less than ten days prior to the date of sale, and shall notify the owner of the sale by sending a letter by registered mail to the last known address of the owner at least thirty days prior to the sale. The notice shall particularly describe the article to be sold, the name of the owner, the date and place of the sale, and the amount of the reasonable charges. At the time and place so published, the article may be sold and the purchaser shall succeed to the title of the owner. Out of the proceeds of the sale the holder of the lien may retain the amount of the reasonable charges, the cost of publication and other expenses incident to the sale. Any balance remaining unclaimed by the owner of the article within thirty days from the date of the sale shall be deposited with the director of finance and shall be payable to the owner of the article if claimed within one year from the date of the sale. If no claim is made for the balance within that period, the moneys so deposited shall become a government realization.
Haw. Rev. Stat. § 514B-98 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-98
Sale of residential units; developer requirements.
Status: in_force

(a) The developer may go to sale using either a chronological system or a lottery system at any time after issuance of an effective date for a developer's public report.

(b) For a thirty-day period following the initial date of sale of units in a condominium project, at least fifty per cent of the units being sold shall be offered for sale only to prospective owner-occupants; provided that notwithstanding this subpart, in the case of a project that includes one or more existing structures being converted to condominium status, each residential unit contained in the project first shall be offered for sale to any individual occupying the unit immediately prior to the conversion and who submits an owner-occupant affidavit and an earnest money deposit in a reasonable amount designated by the developer.

(c) Each contract for the purchase of a residential unit by an owner-occupant may be conditioned upon the purchaser obtaining adequate financing, or a commitment for adequate financing. If the sales contract is canceled, the developer shall re-offer the residential unit first to prospective owner-occupants on the back-up reservation list described in section 514B‑96.5, in the order in which the names appear on the reservation list; provided that the prospective owner-occupant shall not have already executed a sales contract or reservation for a residential unit in the project.

(d) At any time, any prospective owner-occupant on the back-up reservation list may be offered any residential unit in the project that has not been sold or set aside for sale to prospective owner-occupants. [L 2005, c 93, pt of §4; am L 2006, c 273, §13]
Haw. Rev. Stat. § 507-45 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-45
Discharge of lien.
Status: in_force

Any mechanics' and materialmen's lien may be discharged at any time by the owner, lessee, principal contractor or intermediate subcontractor filing with the clerk of the circuit court of the county in which the property is located or with the assistant registrar of the land court (if registered land is affected except when the lien attaches solely to the interest of the lessees in one or more leasehold time share interests as described in section 501-20), cash or a bond for twice the amount of the sum for which the claim for the lien is filed, conditioned for the payment of any sum for which the claimant may obtain judgment upon the claimant's claim.
Haw. Rev. Stat. § 508D-15 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-15
Notification required; ambiguity.
Status: in_force

(a) When residential real property lies within:

(1) The boundaries of a special flood hazard area as officially designated on flood maps promulgated by the National Flood Insurance Program of the Federal Emergency Management Agency for the purposes of determining eligibility for emergency flood insurance programs;

(2) The boundaries of the noise exposure area shown on maps prepared by the department of transportation in accordance with Federal Aviation Regulation part 150, Airport Noise Compatibility Planning (14 C.F.R. part 150), for any public airport;

(3) The boundaries of the Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities;

(4) The anticipated inundation areas designated on the department of defense's emergency management tsunami inundation maps; or

(5) The sea level rise exposure area as designated by the Hawaii climate change mitigation and adaptation commission or its successor,

subject to the availability of maps that designate the five areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the five designated areas specified in this subsection. The maps shall identify the properties situated within the five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee.

(b) When residential real property lies adjacent to the shoreline, the seller shall disclose all permitted and unpermitted erosion control structures on the parcel, expiration dates of any permitted structures, any notices of alleged violation associated with the parcel, and any fines for expired permits or unpermitted structures associated with the parcel.

(c) When it is questionable whether residential real property lies within any of the designated areas referred to in subsection (a) due to the inherent ambiguity of boundary lines drawn on maps of large scale, the ambiguity shall be construed in favor of the seller; provided that a good faith effort has been made to determine the applicability of subsection (a) to the subject real property.

(d) Except as required under subsections (a), (b), and (c) and section 508D-3.5, the seller shall have no duty to examine any public record when preparing a disclosure statement. [L 1994, c 214, pt of §2; am L 1996, c 161, §15; am L 2001, c 224, pt of §7; am L 2008, c 191, §3; am L 2013, c 186, §5; am L 2014, c 111, §28; am L 2018, c 18, §32; am L 2021, c 179, §2; am L 2023, c 231, §2]
Haw. Rev. Stat. § 521-82 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-82
Court order to vacate; domestic violence.
Status: in_force

(a) If a court of competent jurisdiction, in an action relating to domestic violence, has ordered the person who committed domestic violence against the tenant or immediate family member of the tenant to vacate the dwelling unit, upon issuance of the order, neither the landlord nor the tenant shall have any duty to:

(1) Allow the person access to the dwelling unit, unless the person is accompanied by a law enforcement officer; or

(2) Provide the person with keys to the dwelling unit.

(b) If the person is a party to the rental agreement, then upon issuance of the court order requiring the person to vacate the dwelling unit, the person's interest in the tenancy shall terminate, and the landlord and tenant shall be entitled to any actual damages resulting from that termination.

(c) Pursuant to section 521-80, the landlord shall return security deposits recoverable under section 521-44 and recoverable prepaid rent following the termination of the rental agreement and the surrender of the dwelling unit to the landlord.

(d) The tenant shall not be required to pay any additional rent, fees, or security deposit because of the termination of the person's interest as a tenant of the dwelling unit. [L 2015, c 220, pt of §1]
Haw. Rev. Stat. § 523A-23 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-23
Interstate agreements and cooperation; joint and reciprocal actions with other states.
Status: in_force

(a) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in section 523A-20. The administrator by rule may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form.

(b) The administrator may join with another state to seek enforcement of this part against any person who is or may be holding property reportable under this part.

(c) At the request of another state, the attorney general of this State may maintain an action on behalf of the other state to enforce, in this State, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the attorney general in maintaining the action.

(d) The administrator may request that the attorney general of another state or another attorney commence an action in the other state on behalf of the administrator. With the approval of the attorney general of this State, the administrator may retain any other attorney to commence an action in this State on behalf of the administrator. This State shall pay all expenses, including attorney's fees, in maintaining an action under this subsection. With the administrator's approval, the expenses and attorney's fees may be paid from money received under this part. The administrator may agree to pay expenses and attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses or attorney's fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this part. [L 2008, c 55, pt of §1]
Haw. Rev. Stat. § 514B-57 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-57
Commission oversight of developer's public report.
Status: in_force

(a) The commission at any time may require a developer to amend or supplement the form or substance of a developer's public report to assure adequate and accurate disclosure to prospective purchasers.

(b) The developer's public report shall not be used for any promotional purpose before registration, and may be used after registration only if it is used in its entirety. No person shall advertise or represent that the commission has approved or recommended the condominium project, the developer's public report, or any of the documents contained in the application for registration. [L 2005, c 93, pt of §3]
Haw. Rev. Stat. § 516-41 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-41
Exemption from taxation and assessments.
Status: in_force

The Hawaii housing finance and development corporation and the property acquired by it under this part, if not leased or sold, are exempt from any and all taxes and assessments. Bonds, notes, debentures, and other evidences of indebtedness issued by the corporation are declared to be issued for a public purpose and to be public instrumentalities and, together with interest thereon, shall be exempt from taxes.
Haw. Rev. Stat. § 514B-132 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-132
Managing agents.
Status: in_force

(a) Every managing agent shall:

(1) Be a:

(A) Licensed real estate broker in compliance with chapter 467 and the rules of the commission. With respect to any requirement for a corporate managing agent in any declaration or bylaws recorded before July 1, 2006, any managing agent organized as a limited liability company shall be deemed to be organized as a corporation for the purposes of this paragraph, unless the declaration or bylaws are expressly amended after July 1, 2006 to require that the managing agent be organized as a corporation and not as a limited liability company; or

(B) Corporation authorized to do business under article 8 of chapter 412;

( 2) Register with the commission prior to conducting managing agent activity through approval of a completed registration application, payment of fees, and submission of any other additional information set forth by the commission. The registration shall be for a biennial period with termination on December31 of an even-numbered year. The commission shall prescribe a deadline date prior to the termination date for the submission of a completed reregistration application, payment of fees, and any other additional information set forth by the commission. Any managing agent who has not met the submission requirements by the deadline date shall be considered a new applicant for registration and subject to initial registration requirements. The information required to be submitted with any application shall include the name, business address, phone number, and names of associations managed;

( 3) Obtain and keep current a fidelity bond in an amount equal to $500 multiplied by the aggregate number of units of the association managed by the managing agent; provided that the amount of the fidelity bond shall not be less than $20,000 nor greater than $500,000. Upon request by the commission, the managing agent shall provide evidence of a current fidelity bond or a certification statement from an insurance company authorized by the insurance division of the department of commerce and consumer affairs certifying that the fidelity bond is in effect and meets the requirements of this section and the rules adopted by the commission. The managing agent shall permit only employees covered by the fidelity bond to handle or have custody or control of any association funds, except any principals of the managing agent that cannot be covered by the fidelity bond. The fidelity bond shall protect the managing agent against the loss of any association's moneys, securities, or other properties caused by the fraudulent or dishonest acts of employees of the managing agent. Failure to obtain or maintain a fidelity bond in compliance with this chapter and the rules adopted pursuant thereto, including failure to provide evidence of the fidelity bond coverage in a timely manner to the commission, shall result in nonregistration or the automatic termination of the registration, unless an approved exemption or a bond alternative is presently maintained. A managing agent who is unable to obtain a fidelity bond may seek an exemption from the fidelity bond requirement from the commission;

( 4) Act promptly and diligently to recover from the fidelity bond, if the fraud or dishonesty of the managing agent's employees causes a loss to an association, and apply the fidelity bond proceeds, if any, to reduce the association's loss. If more than one association suffers a loss, the managing agent shall divide the proceeds among the associations in proportion to each association's loss. An association may request a court order requiring the managing agent to act promptly and diligently to recover from the fidelity bond. If an association cannot recover its loss from the fidelity bond proceeds of the managing agent, the association may recover by court order from the real estate recovery fund established under section 467-16, provided that:

(A) The loss is caused by the fraud, misrepresentation, or deceit of the managing agent or its employees;

(B) The managing agent is a licensed real estate broker; and

(C) The association fulfills the requirements of sections 467-16 and 467-18 and any applicable rules of the commission;

(5) Pay a nonrefundable application fee and, upon approval, an initial registration fee, and subsequently pay a reregistration fee, as prescribed by rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. A compliance resolution fee shall also be paid pursuant to section 26‑9(o) and the rules adopted pursuant thereto; and

( 6) Report immediately in writing to the commission any changes to the information contained on the registration application or any other documents provided for registration. Failure to do so may result in termination of registration and subject the managing agent to initial registration requirements.

(b) The commission may deny any registration or reregistration application or terminate a registration without hearing if the fidelity bond and supporting documents fail to meet the requirements of this chapter and the rules adopted pursuant thereto.

(c) Every managing agent shall be considered a fiduciary with respect to any property managed by that managing agent.

(d) The registration requirements of this section shall not apply to active real estate brokers in compliance with and licensed under chapter 467.

(e) If a managing agent receives a request from the commission to distribute any commission-generated information, printed material, or documents to the association, its board, or unit owners, the managing agent shall make the distribution at the cost of the association within a reasonable period of time after receiving the request. The requirements of this subsection apply to all managing agents, including unregistered managing agents. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §21]

Revision Note

"July 1, 2006" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 514B-72 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-72
Condominium education trust fund; payments by associations and developers.
Status: in_force

(a) [Repeal and reenactment on June 30, 2023, by L 2018, c 196, §9, as shown in the main volume, deleted by L 2020, c 57, §2.] Each project or association with more than five units shall pay to the department of commerce and consumer affairs:

(1) A condominium education trust fund fee within one year after the recordation of the purchase of the first unit or within thirty days of the association's first meeting, and thereafter, on or before June 30 of every odd-numbered year, as prescribed by rules adopted pursuant to chapter 91; and

(2) Beginning with the July 1, 2015, biennium registration, an additional annual condominium education trust fund fee in an amount equal to the product of $1.50 times the number of condominium units included in the registered project or association to be dedicated to supporting mediation or voluntary binding arbitration of condominium related disputes. The additional condominium education trust fund fee shall total $3 per unit until the commission adopts rules pursuant to chapter 91. On June 30 of every odd-numbered year, any unexpended additional amounts paid into the condominium education trust fund and initially dedicated to supporting mediation or voluntary binding arbitration of condominium related disputes, as required by this paragraph, shall be used for educational purposes as provided in section 514B-71(a)(1), (2), and (3).

(b) Each developer shall pay to the department of commerce and consumer affairs the condominium education trust fund fee for each unit in the project, as prescribed by rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. The project shall not be registered and no effective date for a developer's public report shall be issued until the payment has been made.

(c) Payments of any fees required under this section shall be due on or before the registration due date and shall be nonrefundable. Failure to pay the required fee by the due date shall result in a penalty assessment of ten per cent of the amount due and the association shall not have standing to bring any action to collect or to foreclose any lien for common expenses or other assessments in any court of this State until the amount due, including any penalty, is paid. Failure of an association to pay a fee required under this section shall not impair the validity of any claim of the association for common expenses or other assessments, or prevent the association from defending any action in any court of this State.

(d) The department of commerce and consumer affairs shall allocate the fees collected under this section to the condominium education trust fund established pursuant to section 514B-71. The fees collected pursuant to this section shall be administratively and fiscally managed together as one condominium education trust fund established by section 514B-71. [L 2005, c 93, pt of §3; am L 2009, c 129, §10; am L 2013, c 187, §3; am L 2017, c 181, §28; am L 2018, c 196, §§4, 9; am L 2019, c 29, §§12, 18(2); am L 2020, c 12, §§7, 8 and c 57, §2]
Haw. Rev. Stat. § 514B-40 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-40
Transfer of limited common elements.
Status: in_force

Except as provided in the declaration, any unit owner may transfer or exchange a limited common element that is assigned to the owner's unit to another unit. Any transfer shall be executed and recorded as an amendment to the declaration. The amendment need only be executed by the owner of the unit whose limited common element is being transferred and the owner of the unit receiving the limited common element; provided that unit mortgages and leases may also require the consent of mortgagees or lessors, respectively, of the units involved. A copy of the amendment shall be promptly delivered to the association.
Haw. Rev. Stat. § 521-8 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-8
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Action" with reference to a judicial proceeding includes recoupment, counterclaim, setoff, and any other proceedings in which rights are determined, including an action for possession.

"Apartment building" means a structure containing one or more dwelling units, except:

(1) A single-family residence, or

(2) A structure in which all tenants are roomers or boarders.

"Dwelling unit" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.

"Landlord" means the owner, lessor, sublessor, assigns or successors in interest of the dwelling unit or the building of which it is a part and in addition means any agent of the landlord.

"Normal wear and tear" means deterioration or depreciation in value by ordinary and reasonable use but does not include items that are missing from the dwelling unit.

"Owner" means one or more persons, jointly or severally, in whom is vested:

(1) All or any part of the legal title to property; or

(2) All or any part of the beneficial ownership and a right to present use and enjoyment of the property; and

includes a mortgagee in possession.

"Person" includes an individual, corporation, government or governmental agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.

"Premises" means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility whose use is promised to the tenant.

"Rental agreement" means all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit and premises.

"Roomer" or "boarder" means a tenant occupying a dwelling unit:

(1) [That] lacks at least one major bathroom or kitchen facility, such as a toilet, refrigerator, or stove[;]

(2) In a building where one or more such major facilities are supplied to be used in common by the occupants of the tenant's dwelling unit and by the occupants of one or more other dwelling units[;] and

(3) In a building in which the landlord resides.

"Single family residence" means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single family residence if it has direct access to a street or thoroughfare and does not share hot water equipment or any other essential facility or service with any other dwelling unit.

"Tenant" means any person who occupies a dwelling unit for dwelling purposes under a rental agreement.

"Utility service" means service for electricity, water, sewer, and natural gas. [L 1972, c 132, pt of §1; am L 1975, c 10, §1; am L 1988, c 307, §2; am L 1991, c 212, §9; am L 2015, c 29, §2]
Haw. Rev. Stat. § 523A-28 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-28
Transitional provisions.
Status: in_force

(a) An initial report filed under this part for property that was not required to be reported before July 1, 2009 but which is subject to this part shall include all items of property that would have been presumed abandoned during the ten-year period next preceding July 1, 2009 as if this part had been in effect during that period.

(b) This part does not relieve a holder of a duty that arose before July 1, 2009 to report, pay, or deliver property. Except as otherwise provided in section 523A-19(b), a holder who did not comply with the law in effect before July 1, 2009 shall be subject to the applicable provisions for enforcement and penalties which then existed, which are continued in effect for the purpose of this section. [L 2008, c 55, pt of §1]

Revision Note

"July 1, 2009" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 508C-9 — HI Code / Division 3 / Title 28 / Chapter 508C / Section 508C-9
Duration; amendment by court action.
Status: in_force

(a) An environmental covenant shall be considered perpetual unless it is:

(1) By its terms limited to a specific duration or terminated by the occurrence of a specific event;

(2) Terminated by consent pursuant to section 508C‑10;

(3) Terminated pursuant to subsection (b);

(4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or

(5) Terminated or modified in an eminent domain proceeding; provided that:

(A) The agency that signed the covenant is a party to the proceeding;

(B) All persons identified in section 508C‑10(a) and (b) are given notice of the pendency of the proceeding; and

(C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.

(b) If the agency that signed an environmental covenant determines that the intended benefits of the covenant can no longer be realized, [an] environmental court, under the doctrine of changed circumstances, in an action in which all persons identified in section 508C‑10(a) and (b) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to chapter 91.

(c) Except as otherwise provided in subsections (a) and (b), an environmental covenant shall not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrines of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine. [L 2006, c 279, pt of §2; am L 2014, c 218, §8]
Haw. Rev. Stat. § 502-4 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-4
Rules.
Status: in_force

The department of land and natural resources may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.
Haw. Rev. Stat. § 516-2 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-2
Applicability.
Status: in_force

This chapter applies to all lands leased as residential lots which are owned or held privately or owned by the State or its political subdivisions, except Hawaiian home lands which are subject to Article XII of the Constitution of the State and lands owned or held by the federal government. This chapter is not meant to supersede or preclude any other remedy at law available to residential leasehold lessees or the State, including those available under chapter 480.
Haw. Rev. Stat. § 501-266 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-266
Dual recording involving deregistered land.
Status: in_force

Nothing in this part shall prevent or prohibit the registration of an instrument that conveys, assigns, or affects both registered land and deregistered land.
Haw. Rev. Stat. § 502-47 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-47
Acknowledgment without the United States; by members of the armed forces; recordation where no official authorized to take proof.
Status: in_force

(a) The proof or acknowledgment of any deed or other instrument required to be proved or acknowledged in order to entitle the same to be recorded or read in evidence, when made by any person without the United States may be made by:

(1) Any officer now authorized thereto by the laws of the State;

(2) Any officer of the United States diplomatic or consular service, resident in any foreign country or port, when certified by the officer under the officer's seal of office; and

(3) Any person authorized by the law of any foreign country to take such acknowledgment or proof, when such acknowledgment or proof is accompanied by a certificate to the effect that the person taking the same is duly authorized thereto and that such acknowledgment or proof is in the manner prescribed by the laws of the foreign country or by treaty or international agreement of the United States. The certificate may be made by a diplomatic or consular officer of the United States under the seal of the officer's office, or by a diplomatic or consular officer of the foreign country, resident in the State, under the seal of the officer's office with the signature or facsimile of the signature of the diplomatic or consular officer of the United States.

For the purposes of this section diplomatic or consular officer includes any minister, consul, vice-consul, charge d'affaires, consular, or commercial agent, or vice-consular or vice-commercial agent.

(b) Proof or acknowledgment may be made by any person in the armed forces of the United States, or by any person without the United States, before any officer of the armed forces authorized by Congress to exercise the powers of a notary public. The signature without seal of any officer acting as such notary public is prima facie evidence of the officer's authority.

(c) Where it is established to the satisfaction of any judge of a circuit court of the State that any instrument required to be acknowledged or proved has been executed by a person then permanently or temporarily resident at some place where acknowledgment or proof cannot be made as hereinabove provided, such instrument shall be declared acceptable for recordation by order of the judge issued upon such testimony and evidence as are sufficient in the judgment of the judge to establish the genuineness and authenticity thereof, and a certified copy of the order shall be recorded together with and attached to any instrument so ordered acceptable for recordation.

(d) Any instrument so proved, acknowledged, or ordered acceptable for recordation is entitled to be recorded in the State, and may be read in evidence in any court of the State in the same manner and with like effect as if therein duly recorded or acknowledged. [L 1909, c 69, §5; RL 1925, §3153; RL 1935, §5139; RL 1945, §12739; am L 1945, c 53, §1; am L 1947, c 86, §1; RL 1955, §343-31; HRS §502-47; gen ch 1993; am L 1995, c 22, §6]
Haw. Rev. Stat. § 521-84 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-84
[ §521-84] Pre-litigation mediation for tenancies subject to certain emergency proclamations.
Status: in_force

[ §521-84] Pre-litigation mediation for tenancies subject to certain emergency proclamations. [See Note below.] (a) This section shall apply to any tenancy subject to suspension of sections 521-68 and 521-71 and chapter 666, under emergency proclamations issued by the governor and relating to wildfires when it becomes legally permissible to terminate a residential tenancy for nonpayment of rent.

(b) A landlord or the landlord's agent, any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time period mentioned in the notice as provided in subsection (c), not less than fifteen calendar days after receipt thereof, the rental agreement shall be terminated. If the tenant cannot be served with notice as required, notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of posting. If the tenant remains in default, the landlord may thereafter bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession, subject to subsections (c) through (j). The notice required in this section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement.

(c) The fifteen-calendar-day notice shall provide, at a minimum, the following information:

(1) The name of the landlord or the landlord's agent and the landlord's or landlord's agent's contact information, including, if possible, phone number, electronic mail address, and mailing address;

(2) The address of the dwelling unit subject to the rental agreement;

(3) The name and contact information of each tenant, including, if possible, phone number, electronic mail address, and mailing address;

(4) The monthly rental rate of the dwelling unit;

(5) The current amount of the rent due as of the date of the notice, after applying all rent paid from all sources;

(6) Whether the landlord or landlord's agent has applied for rental assistance or been contacted on behalf of the tenant by any agency providing rental assistance;

(7) That any rental assistance received by the landlord or landlord's agent has been credited to the tenant's amount due;

(8) That a copy of the fifteen-calendar-day notice being provided to the tenant is also being provided to the mediation center to be identified by the landlord and, in accordance with subsection (d), in order for the mediation center to contact the landlord and tenant to attempt to schedule a mediation regarding the nonpayment of rent;

(9) That the mediation center will provide proof to the landlord that the notice was received and provide confirmation of the scheduled date and time of mediation;

(10) That the landlord or landlord's agent may file an action for summary possession if the rent due is not paid and if mediation is not scheduled within fifteen calendar days after the tenant's receipt of the fifteen-calendar-day notice, regardless of whether the scheduled mediation session occurs within the fifteen calendar days;

(11) A warning in bold typeface print that says: " If mediation is not scheduled within fifteen calendar days after receipt of the notice, regardless of whether the scheduled mediation session occurs within the fifteen-calendar-day period, then the landlord may file an action for summary possession after the expiration of the fifteen-calendar-day period. If mediation is scheduled before the expiration of the fifteen-calendar-day period, regardless of whether the scheduled mediation session occurs within the fifteen calendar days, then the landlord shall only file an action for summary possession after the expiration of thirty calendar days following the tenant's receipt of the fifteen-calendar-day notice. If the tenant cancels the scheduled mediation or does not appear at the scheduled mediation, the landlord may file the summary possession action immediately and shall not be required to wait for the expiration of the thirty calendar days. If the fifteen-calendar-day notice was mailed, receipt of notice shall be deemed to be two days after the date of the postmark. If the fifteen-calendar-day notice was posted on the premises, receipt of notice shall be deemed to be the date of posting. If an agreement is reached before the filing of an action for summary possession, whether through mediation or otherwise, then the landlord shall not bring an action for summary possession against the tenant, except as provided in any agreement that may be reached. The landlord shall be required to note the status of the mediation or settlement effort and proof of sending or posting the fifteen-calendar-day notice to the mediation center in the action for summary possession. ";

(12) Notice that the eviction may be subject to additional requirements and protections under state or federal law and that the tenant is encouraged to seek the tenant's own legal advice regarding their rights and responsibilities; and

(13) That the landlord or landlord's agent and tenant shall engage in mediation if mediation is scheduled.

(d) The landlord or the landlord's agent shall provide the fifteen-calendar-day notice to any mediation center funded by the State that offers free mediation for residential landlord-tenant matters. The mediation center shall contact the landlord or landlord's agent and the tenant to schedule the mediation within fifteen calendar days of receipt of the landlord's notice pursuant to subsection (c). The mediation center shall offer to facilitate the mediation using remote means, such as video conferencing, telephone, or other similar means, and shall not require in-person mediation. If a tenant schedules mediation within the fifteen-calendar-day period, regardless of whether the scheduled mediation session occurs within the fifteen-calendar-day period, the landlord shall only file a summary proceeding for possession after the expiration of thirty calendar days from the date of the tenant's receipt of the landlord's notice. If the tenant schedules mediation, the landlord and tenant shall participate. If the tenant schedules but then cancels a mediation, or if the tenant does not appear at the scheduled mediation, the landlord may file the action for summary possession immediately and shall not be required to wait for the expiration of the thirty calendar days.

(e) The summary possession complaint for nonpayment of rent shall include:

(1) A document or documents from the mediation center verifying that the landlord provided a copy of the required fifteen-calendar-day notice to the mediation center;

(2) A statement as to whether the landlord or landlord's agent and tenant have participated in, or will participate in, any scheduled mediation; and

(3) If mediation is pending, the date on which the mediation is scheduled.

(f) If the mediation has not occurred as of, or been scheduled for a future date after, the return hearing date on the summary possession complaint, the court, in its discretion and based on a finding of good cause, may order a separate mediation.

(g) If the mediation has occurred as of the return hearing date on the summary possession complaint, the court, in its discretion and based on a finding of good cause, may order a separate mediation.

(h) If there is any defect in the fifteen-calendar-day notice described in subsection (c) provided by the landlord, and the court determines that the defect was unintentional and immaterial, the court may allow the landlord to cure the defect without dismissing the action for summary possession.

(i) No landlord may bring an action for summary possession for a tenant's failure to pay rent except pursuant to this section and as follows:

(1) Beginning on the first day after the expiration date of the final eviction moratorium through the thirtieth day after the expiration date of the final eviction moratorium, the rent due shall be equal to or greater than four months of rent;

(2) Beginning on the thirty-first day after the expiration date of the final eviction moratorium through the ninety-first day after the expiration date of the final eviction moratorium, the rent due shall be equal to or greater than three months of rent;

(3) Beginning on the ninety-second day after the expiration date of the final eviction moratorium through the one hundred fifty-second day after the expiration date of the final eviction moratorium, the rent due shall be equal to or greater than two months of rent; and

(4) Beginning on the one hundred fifty-third day after the expiration date of the final eviction moratorium through the three hundred sixty-fifth day after the expiration date of the final eviction moratorium, the rent due shall be equal to or greater than one month rent.

For purposes of this subsection, "final eviction moratorium" means an emergency proclamation or supplementary proclamation, or any extension thereof, issued by the governor and relating to wildfires, that prohibits any eviction from a residential dwelling for a failure to pay rent, and either is not intended to be renewed by the governor or, if renewed or extended, is not intended to include any prohibition related to evictions from a residential dwelling unit for failure to pay rent; provided that nothing in this section shall prevent the governor from either renewing or issuing a new emergency proclamation that contains a prohibition against eviction from a residential dwelling for failure to pay rent if that intention should change.

(j) Each tenant and landlord shall be responsible for bearing the party's own costs, including attorney's fees, relating to the mediation.

(k) A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action. [L 2024, c 202, §2]
Haw. Rev. Stat. § 523A-53 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-53
Unclaimed property subject to delivery to State; presumptions.
Status: in_force

(a) All intangible unclaimed property is subject to delivery to this State if the last known address of the owner is in this State. If the last known address of an owner is in this State, any other owner's address which is unknown shall be presumed to be in this State. If the last known addresses of owners are in this State and in one or more other states, the addresses of other owners whose addresses are unknown shall be presumed to be within this State if the federal agency or instrumentality having custody of the unclaimed property initially acquired possession in this State or if the federal agency or instrumentality possessing, holding, controlling, or owning such property is a corporation domiciled in this State. If the records of any officer, department, or agency of the United States do not disclose the address of any owner of unclaimed property, such address shall be presumed to be within this State if the federal agency having custody of the unclaimed property initially acquired possession in this State or is a corporation domiciled in this State. All addresses presumed to be within this State are presumed to be within the city and county of Honolulu. For the purpose of this part, it shall be presumed that the situs of intangible unclaimed property is in this State if the last known or presumed address of the owner is in this State.

(b) All tangible unclaimed property is subject to delivery in this State if the federal agency having custody of the unclaimed property initially acquired possession in this State. [L 1988, c 93, pt of §2]
Haw. Rev. Stat. § 502-22 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-22
Copies of plans furnished by registrar.
Status: in_force

The registrar shall furnish, when so requested, copies of any map or plan filed in accordance with sections 502-17 to 502-21, duly certified by the registrar's seal of office, upon payment of the fee hereinafter mentioned. In addition, the registrar may authorize the department of accounting and general services to furnish, when so requested, copies of such maps or plans, subject to the payment of fees applicable to maps or plans furnished by the registrar. The copies of maps or plans may be furnished in photographic, electronic, or electrostatic form.
Haw. Rev. Stat. § 516-6 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-6
Administration of chapter.
Status: in_force

The Hawaii housing finance and development corporation shall administer this chapter.
Haw. Rev. Stat. § 514B-46 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-46
Merger of projects or increments.
Status: reserved

(a) Two or more projects, or increments of a project, whether or not adjacent to one another, but that are part of the same incremental plan of development and in the same vicinity, may be merged together so as to permit the joint use of the common elements of the projects by all the owners of the units in the merged projects. A merger may be implemented with the vote or consent that the declaration requires for a merger, pursuant to any reserved rights set forth in the declaration, or upon vote of sixty-seven per cent of the common interest.

(b) A merger becomes effective at the earlier of:

(1) A date certain set forth in the certificate of merger; or

(2) The date that the certificate of merger is recorded.

The certificate of merger may provide for a single association and board for the merged projects and for a sharing of the common expenses of the projects among all the owners of the units in the merged projects. The certificate of merger may also provide for a merger of the common elements of the projects so that each unit owner in the merged projects has an undivided ownership interest in the common elements of the merged projects. In the event of a merger of common elements, the common interests of each unit in the merged projects shall be adjusted in accordance with the merger provisions in the projects' declarations so that the total common interests of all units in the resulting merged project totals one hundred per cent. If the certificate of merger does not provide for a merger of the common elements, the common elements and common interests of the merged projects shall remain separate, but shall be subject to the provisions set forth in the respective declarations with respect to merger.

(c) Upon the recording of a certificate of merger that indicates that the fee simple title to the lands of the merged projects are merged, the registrar shall cancel all existing certificates of title for the units in the projects being merged and shall issue new certificates of title for the units in the merged project, covering all of the land of the merged projects. The new certificates of title for the units in the merged project shall describe, among other things, each unit's new common interest. The certificate of merger shall at least set forth all of the units of the merged projects, their new common interests, and to the extent practicable, their current certificate of title numbers in the common elements of the merged projects.

(d) In the event of a conflict between declarations and bylaws upon the merger of projects or increments, unless otherwise provided in the certificate of merger, the provisions of the first declaration and bylaws recorded shall control. [L 2005, c 93, pt of §2]
Haw. Rev. Stat. § 508D-3.5 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-3.5
Disclosure of documents; required documentation.
Status: in_force

(a) If the residential real property being offered for sale is subject to a recorded declaration, the seller shall provide the following documents and any amendments or supplements thereto, to the extent applicable:

(1) Articles of incorporation or other document, if any, creating the corporation or association whereby the corporation or association has the power to enforce the declaration;

(2) Bylaws of the corporation or association;

(3) Declaration or similar organizational documents, and any exhibits thereto; and

(4) Any rules relating to the use of common areas, architectural control, maintenance of units, or payment of money as a regular assessment or otherwise in connection with the provisions, maintenance, or service for the benefit of the residential real property or other real property or common areas.

(b) If the residential real property is otherwise subject to restrictions or conditions on use, either because of covenants contained in the deed for the property or because of another recorded document, the disclosure shall also include all documentation relating to any restrictions or conditions, including but not limited to any unrecorded rules or guidelines that may have been issued by any entity responsible for enforcing those restrictions or guidelines in a manner consistent with and subject to the seller's duty of good faith as provided for under section 508D-9.

(c) Notwithstanding any other provision in this chapter to the contrary, the seller shall not be required to provide the documentation required under subsection (a) until ten calendar days after the seller and buyer have received a current title report for the property offered for sale. Upon receipt of the required documentation, the buyer shall have fifteen calendar days to examine the documents and decide whether to rescind the real estate purchase contract. If the buyer decides to rescind the real estate purchase contract, the buyer shall deliver to the seller within the fifteen-day period written notification of the buyer's decision to rescind the real estate purchase contract. Failure to deliver the written notification to the seller within the fifteen-day period shall be deemed an acceptance of the property offered for sale with the conditions, covenants, or restrictions on use set forth in the documents.

The right of rescission set forth in this subsection shall be in addition to the rights of rescission set forth in sections 508D-5, 508D-6, and 508D-13.

The seller and the buyer may agree in writing to reduce or extend the time periods and deadlines set forth in this subsection.

(d) If the required documents under this section are available electronically on the Internet, the seller, in lieu of providing hard copies of the documents and with the buyer's consent, may provide a written statement to the buyer that directs the buyer to the internet address or addresses where the documents are located.

(e) Compliance with this section shall fulfill the seller's duty of disclosure of material facts relating to a recorded declaration or other recorded restrictions or conditions on use of the property being offered for sale. [L 2013, c 186, §2; am L 2015, c 135, §2]
Haw. Rev. Stat. § 514E-12.5 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-12.5
Statutory or common-law remedies.
Status: in_force

Nothing in this chapter shall limit any statutory or common-law right of any person to bring any action in any court for any act involved in the development, sale, exchange, or purchase of a time share interest, or right of the State to punish any person for any violation of law.
Haw. Rev. Stat. § 502-8 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-8
Bureau of conveyances special fund.
Status: in_force

(a) There is established in the state treasury the bureau of conveyances special fund, into which shall be deposited the revenues remitted pursuant to sections 501-23.5 and 502-25, interest earnings, grants, donations, and appropriations from the legislature that shall be held separate and apart from all other moneys, funds, and accounts in the state treasury.

(b) Moneys in the bureau of conveyances special fund shall be used by the bureau of conveyances for the following purposes:

(1) Planning, design, construction, and acquisition of equipment, furnishings, and software necessary for the development of the recording system described in this chapter and chapter 501;

(2) Operating, maintaining, and improving the recording system described in this chapter and chapter 501 or any other purpose deemed necessary by the bureau of conveyances for the purpose of planning, improving, developing, operating, and maintaining the recording system described in this chapter and chapter 501;

(3) Permanent and temporary staff positions for the purposes of this chapter and chapter 501; and

(4) Administrative costs for the purposes of this chapter and chapter 501.

(c) All moneys in excess of $500,000 remaining on balance in the bureau of conveyances special fund on June 30 of each year shall lapse to the credit of the state general fund; provided that any balance of funds collected pursuant to section 16 of Act 120, Session Laws of Hawaii 2009, shall not lapse to the credit of the state general fund. On July 1 of each year, the director of finance is authorized to transfer any excess funds in the bureau of conveyances special fund to the state general fund. [L 1999, c 125, §2; am L 2003, c 178, §58; am L 2009, c 120, §12]
Haw. Rev. Stat. § 514B-2 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-2
] Applicability.
Status: in_force

Applicability of this chapter is governed by part II.
Haw. Rev. Stat. § 502-24 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-24
Report of violations.
Status: in_force

Whenever it comes to the knowledge of the registrar that section 502-23 has been violated the registrar shall notify the attorney general and the planning department of the county of the fact.
Haw. Rev. Stat. § 517E-4 — HI Code / Division 3 / Title 28 / Chapter 517E / Section 517E-4
Appropriation for expenditure or accumulation of endowment fund; rules of construction.
Status: in_force

(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund shall be donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:

(1) The duration and preservation of the endowment fund;

(2) The purposes of the institution and the endowment fund;

(3) General economic conditions;

(4) The possible effect of inflation or deflation;

(5) The expected total return from income and the appreciation of investments;

(6) Other resources of the institution; and

(7) The investment policy of the institution.

(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a), a gift instrument shall specifically state the limitation.

(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income", "interest", "dividends", or "rents, issues, or profits", or "to preserve the principal intact", or words of similar import:

(1) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

(2) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a). [L 2009, c 135, pt of §1]
Haw. Rev. Stat. § 515-7 — HI Code / Division 3 / Title 28 / Chapter 515 / Section 515-7
Blockbusting.
Status: in_force

It is a discriminatory practice for a person, representative of a person, or a real estate broker or salesperson, for the purpose of inducing a real estate transaction from which the person, representative, or real estate broker or salesperson may benefit financially, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection:

(1) To represent that a change has occurred or will or may occur in the composition of the owners or occupants in the block, neighborhood, or area in which the real property is located; or

(2) To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the real property is located. [L 1967, c 193, §7; HRS §515-7; am L 1971, c 124, §4; am L 1976, c 159, §7; gen ch 1985; am L 1990, c 275, §7; am L 1992, c 33, §5 and c 171, §7; am L 2005, c 214, §7]
Haw. Rev. Stat. § 501-26 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-26
Amendments to application.
Status: in_force

Amendments to the application, including joinder, substitution, or discontinuing as to parties, shall be allowed by the court at any time upon terms that are just and reasonable. All amendments shall be in writing, signed, and sworn to, like the original.

The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application. [L 1903, c 56, §23, pt of §24; RL 1925, §3212, pt of §3213; RL 1935, §5017; RL 1945, §12617; RL 1955, §342-18; HRS §501-26]
Haw. Rev. Stat. § 507-43 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-43
Filing notice, contents.
Status: in_force

(a) Requirements. Any person claiming a lien shall apply therefor to the circuit court of the circuit where the property is situated. Such "Application For A Lien" shall be accompanied by a written "Notice Of Lien" setting forth the alleged facts by virtue of which the person claims a lien. A copy of the Application and Notice shall be served in the manner prescribed by law for service of summons upon the owner of the property and any person with an interest therein and upon the party or parties who contracted for the improvements if other than the owner of the property or any person with an interest therein. If any person entitled to notice cannot be served as herein provided, notice may be given the person by posting the same on the improvement. The Application shall set forth the amount of the claim, the labor or material furnished, a description of the property sufficient to identify the same, and any other matter necessary to a clear understanding of the claim. If the claim has been assigned, the name of the assignor shall be stated. The Application shall specify the names of the parties who contracted for the improvement, the name of the general contractor and the names of the owners of the property and any person with an interest therein. The Application may (but need not) specify the names of the mortgagees or other encumbrancers of the property, if any, and the name of the surety of the general contractor, if any.

The Application and Notice shall be returnable not less than three nor more than ten days after service. On the return day, a hearing shall be held by the court to determine whether probable cause exists to permit the lien to attach to the property. Any person to whom notice is required to be given shall be permitted to offer testimony and documentary evidence on the issue of whether probable cause exists to permit the lien to attach. If the person who contracted for the improvement from which the requested lien arises claims a set-off against the lienor or if any person to whom notice is required to be given otherwise disputes the amount of the requested lien, the court shall hear and receive all admissible evidence offered and shall only permit the attachment of a lien in the net amount which the court determines is the reasonable probable outcome of any such dispute. The return day hearing may be continued at the order of the court so that the entire controversy need not be determined on the originally scheduled return day. The lien shall not attach to the property until the court finds probable cause exists and so orders. No such order shall be entered before the Application and Notice have been served on the party contracting for the improvement, the general contractor and the owner of the property, and they were given an opportunity to appear at the hearing.

(b) Time for filing. The Application and Notice shall be filed not later than forty-five days after the date of completion of the improvement against which it is filed. Where title to the property involved, or any portion thereof, is registered in the land court and the lien is not claimed solely against the lessees' interest in one or more leasehold time share interests as described in section 501-20, it shall be incumbent upon the lienor to file a certified copy of the Order Directing Lien To Attach in the office of the assistant registrar of the land court within seven days after the entry thereof in order to preserve the lienor's rights against subsequent encumbrancers and purchasers of the property.

(c) Joint owner. If the fee title to the land involved is held in joint or common ownership or as an estate by the entirety, service upon one of the owners of the Application and Notice in accordance with this section shall be deemed service upon all of the owners. Likewise, if the parties who contracted for the improvement, if other than the owner of fee title to the property involved, hold their interest in the premises in joint or common ownership, or as an estate by the entirety, service upon one of the parties of the Application and Notice in accordance with this section shall be deemed service upon all of the parties.

(d) Owner acting through attorney-in-fact. In cases where materials have been furnished or labor was performed at the request, or upon the order, of a person acting under a duly executed and acknowledged power of attorney from the owner and:

(1) The power of attorney has not been revoked; or

(2) The power of attorney has been revoked subsequent to the furnishing of materials and labor upon request or order and the owner cannot be found within the State,

service of the Application and Notice upon the person acting under the power of attorney shall be deemed service upon the owner.

(e) Duration of lien. The lien shall expire three months after the entry of the Order Directing Lien to Attach unless proceedings are commenced within that time to collect the amount due thereon by enforcing the same.

(f) Date of completion, notice of. The term "date of completion" as used in this section means the time when the owner or the general contractor for the improvement completes the publication of a notice that the improvement has been completed or has been abandoned and an affidavit of the publication, together with a copy of the notice has been filed in the office of the clerk of the circuit court where the property involved is situated; provided that notice of completion shall not be effective for any purpose unless prior to the notice there has been substantial completion of the improvement or the improvement has been actually abandoned; and provided further that the notice shall not be published by the contractor until after the contractor has first made written demand upon the owner to publish the notice and the owner has failed to publish the notice within five days from the date of the demand. The publication of the notice by the contractor or the owner shall not be construed as an admission by either that the improvement has been satisfactorily completed. The notice required herein shall be published twice, seven days apart, in a newspaper of general circulation, printed and published in the county in which the property involved is situated, and the publishing newspaper shall promptly file the affidavit of publication above mentioned in the office of the clerk.

(g) Failure to file or publish notice. If a valid notice of completion is not published and filed within one year after the actual completion or abandonment of the improvement the "date of completion" shall be deemed to be one year after actual completion or abandonment. [L 1888, c 21, §2; am L 1909, c 97, §1; RL 1925, §2892; RL 1935, §4366; am L 1935, c 150, §1; am L 1939, c 34, §1; am L 1941, c 282, §1; RL 1945, §8770; am L 1949, c 241, §3; RL 1955, §193-42; HRS §507-43; am L 1972, c 106, §1(g), (h); am L 1974, c 113, §3; am L 1975, c 181, §§1 to 5; gen ch 1985; am L 1998, c 219, §10; am L 2019, c 111, §32]
Haw. Rev. Stat. § 514B-149 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-149
Association fiscal matters; handling and disbursement of funds.
Status: in_force

(a) The funds in the general operating account of the association shall not be commingled with funds of other activities such as lease rent collections, rental, time share, and assisted living facility operations, nor shall a managing agent commingle any association funds with the managing agent's own funds.

(b) For purposes of subsection (a), lease rent collections and rental operations shall not include the rental or leasing of common elements that is conducted on behalf of the association or the collection of ground lease rents from individual unit owners of a project and the payment of such ground lease rents to the ground lessor if:

(1) The collection is allowed by the provisions of the declaration, bylaws, master deed, master lease, or individual unit leases of the project;

(2) A management contract requires the managing agent to collect ground lease rents from the individual unit owners and pay the ground lease rents to the ground lessor;

(3) The system of lease rent collection has been approved at a meeting of the association by a vote of a majority of the unit owners; and

(4) The managing agent or association does not pay ground lease rent to the ground lessor in excess of actual ground lease rent collected from individual unit owners.

(c)(1) All funds collected by an association, or by a managing agent for any association, shall be:

(A) Deposited in a financial institution, including a federal or community credit union, located in the State, pursuant to a resolution adopted by the board, and whose deposits a re insured by an agency of the United States government;

(B) Held by a corporation authorized to do business under article 8 of chapter 412;

(C) Held by the United States Treasury;

(D) Purchased in the name of and held for the benefit of the association through a securities broker that is registered with the Securities and Exchange Commission, that has an office in the State, and the accounts of which are held by member firms of the New York Stock Exchange or National Association of Securities Dealers and insured by the Securities Insurance Protection Corporation; or

(E) Placed through a federally insured financial institution located in the State for investment in certificates of deposit issued through the Certificate of Deposit Account Registry Service in federally insured financial institutions located in the United States.

(2) All funds collected by an association, or by a managing agent for any association, shall be invested only in:

(A) Deposits, investment certificates, savings accounts, and certificates of deposit;

(B) Obligations of the United States government, the State of Hawaii, or their respective agencies; provided that those obligations shall have stated maturity dates no more than ten years after the purchase date unless approved otherwise by a majority vote of the unit owners at an annual or special meeting of the association or by written consent of a majority of the unit owners;

(C) Mutual funds comprised solely of investments in the obligations of the United States government, the State of Hawaii, or their respective agencies; government money market funds; or shares or units of another mutual fund satisfying the requirements of this subparagraph; provided that those obligations shall have stated maturity dates no more than ten years after the purchase date unless approved otherwise by a majority vote of the unit owners at an annual or special meeting of the association or by written consent of a majority of the unit owners; or

(D) Certificates of deposit issued through the Certificate of Deposit Account Registry Service in an amount at least equal in their market value, but not to exceed their par value, to the amount of the deposit with the depository;

provided that before any investment longer than one year is made by an association, the board must approve the action; and provided further that the board must clearly disclose to owners all investments longer than one year at each year's association annual meeting.

Records of the deposits and disbursements shall be disclosed to the commission upon request. All funds collected by an association shall only be disbursed by employees of the association under the supervision of the association's board. All funds collected by a managing agent from an association shall be held in a client trust fund account and shall be disbursed only by the managing agent or the managing agent's employees under the supervision of the association's board.

(d) A managing agent or board shall not, by oral instructions over the telephone, transfer association funds between accounts, including but not limited to the general operating account and reserve fund account.

(e) A managing agent shall keep and disburse funds collected on behalf of the condominium owners in strict compliance with any agreement made with the condominium owners, chapter 467, the rules of the commission, and all other applicable laws.

(f) Any person who embezzles or knowingly misapplies association funds received by a managing agent or association shall be guilty of a class C felony. [L 2004, c 164, pt of §2; am L 2005, c 93, §§5, 7; am L 2006, c 38, §25; am L 2008, c 76, § 2; am L 2014, c 189, §7; am L 2019, c 27, § 2]
Haw. Rev. Stat. § 519-2 — HI Code / Division 3 / Title 28 / Chapter 519 / Section 519-2
Residential leases of real property.
Status: in_force

(a) All leases as defined by section 516-1, of residential lots, as defined by section 516-1, existing on June 2, 1975, or entered into thereafter, which provide for reopening of the contract for renegotiation of lease rent terms shall in the case of leases after June 2, 1975, provide the following, or in case of leases existing on June 2, 1975, shall be construed in conformity with the following:

(1) Such renegotiations shall not be scheduled more frequently than once every fifteen years, provided the first of such reopenings shall not be scheduled prior to the fifteenth year following the initial date of the lease; and

(2) Upon renegotiation, the lease rent payable shall not exceed the amount derived by multiplying the "owner's basis" by four per cent. For purposes of this section, "owner's basis" means the current fair market value of the lot, excluding onsite improvements, valued as if the fee title were unencumbered; less the lessee's share, if any, of the current replacement cost of providing existing offsite improvements attributable to the land, which replacement cost shall include an overhead and profit not exceeding twenty per cent of the current replacement cost of the existing offsite improvements, or less the original lot development credit to the lessee, whichever is greater. For purposes of this section, "offsite improvements" means all physical improvements such as, but not limited to, roads, sewer lines, sewage treatment plants, and underground utility cables, constructed or placed in a subdivision or development off the land intended for occupancy, which improvements are to be used in common by occupants of all lands adjoining such improvements or by occupants of all lands for whose benefit the improvements have been constructed or placed; and "onsite improvements" means all physical improvements placed on a residential lot intended for occupancy which improvements are for the benefit of occupants of that lot, including but not limited to, dwelling units, garages, service buildings, stairs, walkways, driveways, walls, trees, shrubs, landscaping, and pools.

(b) In the event the parties to a lease are unable to achieve an agreement under any reopening provision, the Hawaii housing finance and development corporation or its designee shall arbitrate, and its findings shall be binding and conclusive on both parties. Arbitration proceedings under this subsection will be subject to the following requirements:

(1) An advance deposit, which amount shall be determined by the corporation, equal to projected expenses and fees of the corporation or its designee for arbitration proceedings shall be required and shall be paid equally by lessees and lessors. All additional expenses and fees incurred by the corporation or its designee while acting as the arbitrator shall be borne equally by lessees and lessors. These additional expenses and fees shall be subject to monthly billings or other arrangements which may be specified by contract. If more than one lessee is involved in an arbitration proceeding, all lessees shall share equally in one-half of the arbitration costs. The same division of costs shall apply if more than one lessor is involved in a proceeding.

(2) Failure on the part of lessees to comply with the provisions set forth in this subsection, including failure to make advance deposits or payments, shall result in forfeiture of any rights or remedies under this chapter for arbitration, and the lessees' sole rights and remedies shall be as provided in the lease document.

(3) If lessors fail to comply with the provisions of this subsection, including failure to make advance deposits or payments, then arbitration proceedings under this chapter will cease and the lease rent shall be set at the most recent fixed lease rent. Upon compliance with the provisions of this chapter, the arbitration may proceed, with the determination of the new lease rent effective only from the date of compliance by the lessor.

(4) Except as provided in paragraphs (b)(2) and (b)(3) above, all new lease rents shall be effective as of the date of reopening.

For the purpose of this subsection, "arbitration proceedings" means the actual arbitration conducted by the corporation or its designee pursuant to a contract executed by and among the lessees, lessor, and the arbitrator detailing among other things, the following: description of properties involved, time of performance, compensation, method of payment, settlement and other procedures, and termination.

(c) Any covenant or provision of a lease in violation of this section, shall not be enforceable in any court in this State.

(d) For the purpose of this section renegotiation shall not include negotiation for the determination of lease rental under section 516-66 arising out of an extension under section 516-65. [L 1975, c 185, §2(2); am L 1976, c 242, §5; am L 1979, c 105, §49; am L 1984, c 191, §1; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]

Revision Note

Section "516-1" substituted for "516-1(5)" and "516-1(11)".
Haw. Rev. Stat. § 514B-133 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-133
] Association employees; background check; prohibition.
Status: in_force

(a) The board, managing agent, or resident manager, upon the written authorization of an applicant for employment as a security guard or resident manager or for a position that would allow the employee access to the keys of or entry into the units in the condominium or access to association funds, may conduct a background check on the applicant or direct another responsible party to conduct the check. Before initiating or requesting a check, the board, managing agent, or resident manager shall first certify that the signature on the authorization is authentic and that the person is an applicant for such employment. The background check, at a minimum, shall require the applicant to disclose whether the applicant has been convicted in any jurisdiction of a crime which would tend to indicate that the applicant may be unsuited for employment as an association employee with access to association funds or the keys of or entry into the units in the condominium, and the judgment of conviction has not been vacated.

For purposes of this section, the criminal history disclosure made by the applicant may be verified by the board, managing agent, resident manager, or other responsible party, if so directed by the board, managing agent, or resident manager, by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information, which shall include, but not be limited to, the applicant's name, social security number, date of birth, and gender. This information shall be used only for the purpose of conducting the criminal history record check authorized by this section. Failure of an association, managing agent, or resident manager to conduct or verify or cause to have conducted or verified a background check shall not alone give rise to any private cause of action against an association, managing agent, or resident manager for acts and omissions of the employee hired.

(b) An association's employees shall not engage in selling or renting units in the condominium in which they are employed, except association-owned units, unless such activity is approved by sixty-seven per cent of the unit owners. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
Haw. Rev. Stat. § 508D-2 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-2
Applicability.
Status: in_force

Except as otherwise provided for in this chapter, this chapter applies to any sale of residential real property. The failure of the seller or the seller's agent to comply with this chapter shall not affect the validity of title to any residential real property sold.
Haw. Rev. Stat. § 501-84 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-84
Certificates, when two or more owners.
Status: in_force

Where two or more persons are registered owners under any tenancy, one certificate shall be issued for the whole land. Any conveyance of fee simple interest in registered land shall be recorded with the assistant registrar, who shall note the same on the certificate, cancel all the certificates affecting the whole land, and issue a new certificate to reflect all the owners of the whole land.
Haw. Rev. Stat. § 515-5 — HI Code / Division 3 / Title 28 / Chapter 515 / Section 515-5
Discriminatory financial practices.
Status: in_force

It is a discriminatory practice for a person, a representative of such person, or a real estate broker or salesperson, to whom an inquiry or application is made for financial assistance in connection with a real estate transaction or for the construction, rehabilitation, repair, maintenance, or improvement of real property, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection:

(1) To discriminate against the applicant;

(2) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance that indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination unless the records are required by federal law;

(3) To discriminate in the making or purchasing of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling, or the making or purchasing of loans or the provision of other financial assistance secured by residential real estate; or

(4) To discriminate in the selling, brokering, or appraising of residential real property. [L 1967, c 193, §5; HRS §515-5; am L 1971, c 124, §2; am L 1976, c 159, §5; am L 1989, c 391, §3; am L 1990, c 275, §5; am L 1992, c 33, §5 and c 171, §5; am L 2005, c 214, §5]
Haw. Rev. Stat. § 501-86 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-86
Registration runs with land.
Status: in_force

The obtaining of a decree of registration, and the entry of a certificate of title, shall be regarded as an agreement running with the land, and binding upon the applicant and all the applicant's successors in title, that the land shall be and forever remain registered land, and subject to this chapter, except as provided in part II.
Haw. Rev. Stat. § 516-68 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-68
Rights to self-organization; remedies.
Status: in_force

Lessees in a development tract shall have the right of self-organization and the right to form, join, or assist each other in forming associations for their mutual benefit or to select representatives of their choosing to engage in bargaining with their lessor or to secure other mutual aid or protection as may be necessary or desirable with respect to their respective leasehold interests. No lessor or agent of the lessor shall interfere with, restrain, or coerce any lessee in the exercise of the rights granted by this section or dominate or attempt to control the formation of any such organization. Neither the lessor nor the organization or the duly authorized representative of a majority of the lessees shall refuse to bargain collectively in good faith with each other. In the event of any such refusal or violation of this section, either party may file a complaint with the Hawaii housing finance and development corporation, and the corporation, after due notice of hearing and hearings, may issue such cease and desist orders as shall be meet and just in the light of the evidence adduced.
Haw. Rev. Stat. § 514B-58 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-58
Annual report.
Status: in_force

(a) A developer, its successor, or assign shall file annually a report to update the material contained in the developer's public report, together with the payment of nonrefundable fees, at least thirty days prior to the anniversary date of the effective date for a developer's public report. If there is no change to the developer's public report, the developer shall so state. This subsection shall not relieve the developer, its successor, or assign of the obligation to file amendments to the developer's public report pursuant to section 514B‑56. Failure to file the annual report required by this section may subject the developer to the penalties set forth in section 514B‑69(b).

(b) The developer, its successor, or assign shall be relieved from filing annual reports pursuant to this section when the initial sales of all units have been completed. [L 2005, c 93, pt of §3; am L 2006, c 273, §12]
Haw. Rev. Stat. § 516-8 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-8
Interested members, officers, or employees.
Status: in_force

No member of the Hawaii housing finance and development corporation or officer or employee administering this chapter shall acquire any interest, direct or indirect, in the ownership or development of any development tract other than by gift, devise, or inheritance, nor shall the member, officer, or employee have or acquire any interest, direct or indirect, in the financing or in any contract or proposed contract for services to be furnished or used in connection with or relating to the development of any development tract. If any such member, officer, or employee has or acquires an interest by gift, devise, or inheritance, direct or indirect, in any development tract or is a lessee of any residential lot affected by the eminent domain proceedings instituted under this chapter, the member, officer, or employee shall immediately disclose the same in writing to the corporation and such disclosure shall be entered upon the minutes of the corporation. The member, officer, or employee shall not participate in any action by the corporation relating to the property, tract, or contract in which the member, officer, or employee has or acquires any such interest. Violation of this section constitutes misconduct in office and is cause for dismissal.
Haw. Rev. Stat. § 514B-150 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-150
Association fiscal matters; audits, audited financial statement.
Status: in_force

(a) The association shall require an annual audit of the association financial accounts and no less than one annual unannounced verification of the association's cash balance by a public accountant; provided that if the association is comprised of less than twenty units, the annual audit and the annual unannounced cash balance verification may be waived at an association meeting by a vote of a majority of the unit owners.

(b) The board shall make available a copy of the annual audit to each unit owner at least thirty days prior to the annual meeting which follows the end of the fiscal year. The board shall not be required to submit a copy of the annual audit report to an owner if the proxy form issued pursuant to section 514B‑123(e) is not marked to indicate that the owner wishes to obtain a copy of the report. If the annual audit has not been completed by that date, the board shall make available:

(1) An unaudited year end financial statement for the fiscal year to each unit owner at least thirty days prior to the annual meeting; and

(2) The annual audit to all owners at the annual meeting, or as soon as the audit is completed, but not later than six months after the annual meeting.

(c) If the association's fiscal year ends less than two months prior to the convening of the annual meeting, the year-to-date unaudited financial statement may cover the period from the beginning of the association's fiscal year to the end of the month preceding the date on which notice of the annual meeting is mailed. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2014, c 189, §8; am L 2017, c 73, §3]
Haw. Rev. Stat. § 520-3 — HI Code / Division 3 / Title 28 / Chapter 520 / Section 520-3
Duty of care of owner limited.
Status: in_force

Except as specifically recognized by or provided in section 520-5, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes, or to persons entering for a purpose in response to a recreational user who requires assistance, either direct or indirect, including but not limited to rescue, medical care, or other form of assistance.
Haw. Rev. Stat. § 501-152 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-152
Certificate of judgment for defendant.
Status: in_force

At any time after final judgment in favor of the defendant, or other disposition of any case in which a memorandum has been registered as provided in section 501-151, a certificate of the clerk stating the manner of the disposal thereof shall be entitled to registration.
Haw. Rev. Stat. § 502-112 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-112
Prohibition of transfer fees.
Status: in_force

(a) A deed restriction or other covenant running with the land applicable to the transfer of real property that requires a transferee of real property or the transferee's heirs, successors, or assigns, to pay a fee in connection with a future transfer of the property to a declarant or other person imposing the deed restriction or covenant on the property or a third party designated by a transferor of the property is prohibited. A deed restriction or other covenant running with the land that violates this section or a lien purporting to encumber the land to secure a right under a deed restriction or other covenant running with the land that violates this section is void and unenforceable.

(b) This section shall not apply to the following fees or charges required by a deed restriction or other covenant running with the land in connection with the transfer of real property:

(1) Any interest, charge, fee, or other amount payable by a borrower to a lender pursuant to a loan secured by real property, including any fee payable to the lender for consenting to an assumption of the loan or transfer of the real property, for providing an estoppel letter or certificate, or for any shared appreciation interest or profit participation or other consideration payable to the lender in connection with the loan;

(2) Any fee, charge, assessment, or fine payable to an association as defined in section 514B-3, a cooperative housing corporation as described in section 421I-1, a limited-equity housing cooperative as defined in section 421H-1, or a planned community association as defined in section 607-14 and described in chapter 421J, pursuant to a declaration, covenant, or law applicable to such association or corporation, including a fee or charge to change the association or corporation's records as to the owner of the real property or to provide an estoppel letter or certificate;

(3) Any fee or charge payable to a lessor under a lease of real property, including a fee or charge payable to the lessor for consenting to an assignment of the lease, for providing an estoppel letter or certificate, or to change the lessor's records as to the holder of the lessee's interest in the lease;

(4) Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon transfer of the real property to another person;

(5) Any fee, charge, shared appreciation interest, profit participation, or other consideration, payable by:

(A) A person engaged in the business of the development of real property for resale to others and not for the person's own use or the use of the person's parent, affiliates, subsidiaries, or relatives;

(B) A person who acquires the real property for the purpose of engaging in the business of the development of real property for resale to others or for the purpose of reselling the real property to a person engaged in the business of the development of real property for resale to others; or

(C) A person who purchases real property initially transferred at a price below the then prevailing market value of the real property pursuant to an affordable housing program established by the seller; provided that such fee, charge, shared appreciation interest, profit participation, or other consideration becomes payable, if ever, within ten years of the recording of the deed restriction or other covenant running with the land imposing the fee or charge on the real property;

(6) Any fee or charge payable to a government entity;

(7) Any fee, charge, assessment, or other amount payable pursuant to a deed restriction or other covenant running with the land, regardless of when recorded or filed, that was required by a litigation settlement that was approved by a court of competent jurisdiction before June 22, 2010; or

(8) Any reasonable fee payable to a qualified organization for:

(A) The qualified organization's management, stewardship, or enforcement of a qualified real property interest in the real property, granted exclusively for a conservation purpose; or

(B) Educating new owners of the real property on the restrictions imposed by the qualified real property interest granted exclusively for a conservation purpose.

As used in this paragraph, "qualified real property interest", "qualified organization", and "conservation purpose" have the same meaning as in section 170(h)(2), (3), and (4), respectively, of the Internal Revenue Code.

(c) Any:

(1) Deed restriction;

(2) Covenant running with the land; or

(3) Lien;

to the extent that it purports to secure the payment of a transfer fee prohibited by this section, and that is created or recorded on or after [June 22, 2010], shall be void and shall not be binding on or enforceable against the subject real property or any subsequent owner, purchaser, or mortgagee of any interest in the real property. This subsection shall not imply that any particular deed restriction, covenant running with the land, or lien that is created or recorded prior to [June 22, 2010], is valid per se.

(d) No person shall be entitled to recover from the recipient or payee any fee, charge, or assessment required by a deed restriction or other covenant running with the land in connection with the transfer of real property to the extent that the fee, charge, or assessment was paid prior to [June 22, 2010].

(e) For purposes of this section, "filed" means filed in the office of the assistant registrar of the land court pursuant to chapter 501. [L 2010, c 169, §§2, 5; am L 2013, c 42, §2; am L 2017, c 181, §26]
Haw. Rev. Stat. § 508D-3 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-3
Exemptions.
Status: in_force

This chapter shall not apply to the following sales of residential real property:

(1) Sale to a co-owner;

(2) Sale to a spouse, parent, or child of the seller;

(3) Sale by devise, descent, or court order;

(4) Sale by operation of law, including but not limited to any transfer by foreclosure, bankruptcy, or partition, or any transfer to a seller's creditor incident to a deed (or assignment) in lieu of foreclosure, workout, or the settlement or partial settlement of any preexisting obligation of a seller owed a creditor and any later sale of residential real property by such creditor;

(5) Sale by a lessor to a lessee resulting from conversion of leased land to fee simple;

(6) Initial sale of new residential real property pursuant to chapter 484 under a current public offering statement or chapter 484 exemption;

(7) Sales of condominium apartments or units accompanied by delivery of an unexpired developer's public report; or

(8) Sale of time share interests as defined under chapter 514E. [L 1994, c 214, pt of §2; am L 1995, c 172, §1; am L 1996, c 161, §3; am L 2001, c 224, §2; am L 2008, c 28, §31]
Haw. Rev. Stat. § 516-141 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-141
Purchase of existing loans program.
Status: in_force

(a) The corporation may contract with a mortgage lender to purchase, in whole or in part, existing loans, whether or not eligible loans. The contract may contain provisions as determined by the corporation to be necessary or appropriate to provide security for its revenue bonds, including but not limited to provisions requiring the:

(1) Repurchase of the loans, in whole or in part, by mortgage lenders at the option of the corporation;

(2) Payments of premiums, fees, charges, or other amounts by mortgage lenders to provide a reserve or escrow fund for the purposes of protecting against loan defaults; and

(3) Guarantee by, or for recourse against, mortgage lenders, with respect to defaults on these loans of the corporation.

(b) The corporation shall require as a condition of each purchase of existing loans from a mortgage lender that the mortgage lender proceed to make and disburse eligible loans in an aggregate principal amount substantially equal to the amount of the proceeds from the purchase by the corporation of loans therefrom. [L 1983, c 270, pt of §1; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Haw. Rev. Stat. § 523A-18 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-18
Destruction or disposition of property having no substantial commercial value; immunity from liability.
Status: in_force

If the administrator determines after investigation that property delivered under this part has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding shall not be maintained against the State or any officer or against the holder for or on account of an act of the administrator under this section, except for intentional misconduct or malfeasance.
Haw. Rev. Stat. § 514B-99.5 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-99.5
Inapplicability of laws.
Status: in_force

(a) This subpart shall not apply to:

(1) A project developed pursuant to section 46‑15 or 46‑15.1, or chapter 53, 201H, 206, 346, or 356D; provided that the developer of the project may elect to be subject to this subpart through a written notification to the commission;

(2) Condominium projects where the developer conveys all of the residential units in the project to a spouse, or family members related by blood, descent or adoption; and

(3) Condominium projects consisting of two or fewer units.

(b) A developer of a project specified in subsection (a)(1) who elects to be subject to this subpart, or of a project developed pursuant to an affordable housing requirement established by a state or county governmental agency, may elect to waive specific provisions of this subpart that conflict with the eligibility or preference requirements imposed by the governmental agency. The developer of a project specified in subsection (a)(1) who exercises the election shall provide detailed written notification to the commission of the specific provisions that will be waived, an explanation for each waived provision, and a statement from the affected government agency that the project is either an inapplicable project pursuant to subsection (a)(1) or a project for which a governmental agency has imposed eligibility or preference requirements. A copy of this notification shall be filed with the affected governmental agency.

(c) A filing to meet the notification requirements of subsection (a)(1) or (b) shall not be construed to be an approval or disapproval of the project by the commission. [L 2005, c 93, pt of §4; am L 2007, c 249, §26; am L 2010, c 89, §10]
Haw. Rev. Stat. § 508D-19 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-19
Severability.
Status: in_force

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Haw. Rev. Stat. § 502-94 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-94
Translation of Hawaiian documents, recording.
Status: in_force

The registrar may appoint such number of qualified translators at such compensation as may be provided for by appropriations of the legislature from time to time for the purpose of translating into English, conveyances and other instruments filed or recorded in the bureau of conveyances, including, but not limited to, conveyances and other instruments affecting title to property. The translators shall be persons expert in the knowledge and usage of both the Hawaiian and the English languages. The translations into English shall be recorded in the bureau of conveyances in books bearing the same book and page numbers as the Hawaiian instruments from which they have been translated and any reference in conveyances or otherwise to such documents by book and page number shall be deemed to refer equally to the Hawaiian and the English versions of such documents. Each such English translation and copies thereof duly certified by the registrar may be used in evidence in the same manner as the original instrument in the Hawaiian language and shall constitute prima facie evidence as to the true meaning and intent of the Hawaiian instrument from which it has been translated.
Haw. Rev. Stat. § 501-219 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-219
Sale of land court maps.
Status: in_force

The department of accounting and general services may sell land court maps, for a reasonable fee as established by rules adopted under chapter 91.
Haw. Rev. Stat. § 521-34 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-34
Authorization to confess judgment prohibited.
Status: in_force

A tenant may not authorize any person to confess judgment on a claim arising out of a rental agreement of any dwelling unit. An authorization in violation of this section is void.
Haw. Rev. Stat. § 501-10 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-10
Registrar and assistants; oath, accounts, absence.
Status: in_force

The registrar and all assistant registrars shall be sworn before the judge, and a record thereof shall be made. They may administer oaths in all cases in which an oath is required, to persons appearing before them in matters pertaining to the registration of land. They shall keep accurate accounts of all moneys received as fees or otherwise, which shall be subject to examination by the clerk of the supreme court, in the same manner as accounts of deputy clerks. They shall pay over such moneys monthly to the director of finance.
Haw. Rev. Stat. § 502-42 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-42
Certificate, contents.
Status: in_force

The certificate of acknowledgment shall state in substance that the person who executed the instrument appeared before the notary public granting the certificate and acknowledged or stated that the person executed the same, and that the person was personally known to the notary public granting the certificate to be the person whose name is subscribed to the instrument as a party thereto, or was proved to be the party by the oath or affirmation of a credible witness known to the notary public whose name shall be inserted in the certificate or by other satisfactory evidence of identity under the laws of this State. If the person who executed the instrument appeared before a notary public as a remotely located individual under section 456-23, then the certificate shall indicate that the notarial act was performed using communication technology in a manner provided in section 456-23. It shall not be grounds for the rejection of any certificate, or for refusing to accept the instrument for record or in evidence, that the certificate fails to state that the person making the acknowledgment stated or acknowledged that the instrument was executed freely or voluntarily by the person or as the person's free act and deed.
Haw. Rev. Stat. § 520A-2 — HI Code / Division 3 / Title 28 / Chapter 520A / Section 520A-2
Definitions.
Status: in_force

As used in this chapter, unless the context requires otherwise:

"Charge" means an admission price or fee asked in return for invitation or permission to enter or go upon the land.

"Invasive species" means any plant, plant pest, noxious weed, microorganism, biological control organism, or animal that can directly or indirectly injure or cause damage to the environment or to the interests of agriculture, horticulture, aquaculture, animal or public health, native species, natural resources, irrigation, or navigation.

"Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty, other than lands owned by the government.

"Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises. [L 2003, c 86, pt of §1]
Haw. Rev. Stat. § 501-167 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-167
New certificate upon reverter of land.
Status: in_force

When for any reason, by operation of law, land which was taken for a public use reverts to the owner from whom it was taken or to the owner's heirs or assigns, the court, upon the petition of the person entitled to the benefit of reversion, after notice and hearing, may order the entry of a new certificate of title to the person.
Haw. Rev. Stat. § 516-202 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-202
Certification.
Status: in_force

The lessor of a sustainable affordable development shall certify the lessor's qualification for the exemption established in section 516-201 at the time of the delivery of the first sustainable affordable lease by filing an affidavit with the registrar of the bureau of conveyances or assistant registrar of the land court, as appropriate, that:

(1) Declares the percentage of all the residential lots in the development tract that will have their initial sales prices limited in accordance with directly applicable state or county law, regulation, policy, or agreement, such that households earning not more than the required percentage of the median income for the applicable county will spend no more than the allowable percentage of their gross income for housing costs; provided that if the percentage of residential lots is less than thirty per cent, the state or county agency's approval thereof shall also be set forth;

(2) Declares the percentage of all the residential lots in the development tract that will have their initial sales prices and resale sales prices limited to eighty per cent of the fair market value of the residential lots in fee, including all buildings and improvements, unencumbered by the lease and describing the calculation of the difference; provided that if the percentage of residential lots is less than fifty‑one per cent, the state or county agency's approval thereof shall also be set forth; and

(3) Sets forth the provisions in the sustainable affordable leases that limit the resale price of the residential lot, including all buildings and improvements, and entitle the lessor to a share of the appreciation in the residential lot, including all buildings and improvements. [L 2005, c 197, pt of §2]
Haw. Rev. Stat. § 523A-19 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-19
Periods of limitation.
Status: in_force

(a) The expiration, before or after July 1, 2009, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, shall not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this part.

(b) An action or proceeding may not be maintained by the administrator to enforce this part in regard to the reporting, delivery, or payment of property more than ten years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation shall be tolled. The period of limitation shall also be tolled by the filing of a report that is fraudulent.

(c) Beginning on July 1, 2014, any claim made under this part for funds in the unclaimed property trust fund shall be void if the claim is:

(1) For funds totaling less than $100; and

(2) Filed more than ten years after the date that the full amount of the claim was deposited into the unclaimed property trust fund;

provided that for funds totaling less than $100 that were deposited into the unclaimed property trust fund on or prior to June 30, 2014, the ten-year time limitation on claiming the funds shall commence on July 1, 2014. Unclaimed funds subject to this subsection, upon the expiration of the ten-year time limitation, shall escheat to the State and be transferred to the general fund. [L 2008, c 55, pt of §1; am L 2014, c 184, §3]
Haw. Rev. Stat. § 525-3 — HI Code / Division 3 / Title 28 / Chapter 525 / Section 525-3
Reformation.
Status: in_force

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by section 525-1(a)(2), (b)(2), or (c)(2) if:

(1) A nonvested property interest or a power of appointment becomes invalid under section 525-1;

(2) A class gift is not but might become invalid under section 525-1 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3) A nonvested property interest that is not validated by section 525-1(a)(1) can vest but not within ninety years after its creation. [L 1992, c 262, pt of §2]
Haw. Rev. Stat. § 514B-34 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-34
Condominium map; certification of architect, engineer, or surveyor.
Status: in_force

(a) The condominium map shall bear the statement of a licensed architect, engineer, or surveyor certifying that the condominium map is consistent with the plans of the condominium's building or buildings filed or to be filed with the government official having jurisdiction over the issuance of permits for the construction of buildings in the county in which the condominium property regime is located. If the building or buildings have been built at the time the condominium map is recorded, the certification shall state that, to the best of the architect's, engineer's, or surveyor's knowledge, the condominium map depicts the layout, location, dimensions, and numbers of the units substantially as built. If the building or buildings, or portions thereof, have not been built at the time the condominium map is recorded, within thirty days from the completion of construction, the developer shall execute and record an amendment to the declaration accompanied by a certification of a licensed architect, engineer, or surveyor certifying that the condominium map previously recorded, as amended by the revised pages filed with the amendment, if any, fully and accurately depicts the layout, location, boundaries, dimensions, and numbers of the units substantially as built.

(b) If the condominium property regime is a conversion and the government official having jurisdiction over the issuance of permits for the construction of buildings in the county in which the condominium property regime is located is unable to locate the original permitted construction plans, the certification need only state that the condominium map depicts the layout, location, boundaries, dimensions, and numbers of the units substantially as built. If there are no buildings, no certification shall be required. [L 2005, c 93, pt of §2; am L 2006, c 273, §9]
Haw. Rev. Stat. § 514B-64 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-64
Private consultants.
Status: in_force

The director of commerce and consumer affairs may contract with private consultants for the review of documents and information submitted to the commission pursuant to this chapter. The cost of the review by private consultants shall be borne by the developer.
Haw. Rev. Stat. § 516-66 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-66
Lease rental.
Status: in_force

(a) In every case of an extension under section 516-65, the annual lease rental during the first thirty years shall not exceed an amount determined as follows:

(1) Compute to the nearest whole year, one hundred per cent of the unexpired period of fixed rent at the commencement of the extended term;

(2) Multiply the number of years computed in paragraph (1) by the fixed annual rent in effect immediately prior to the extension;

(3) Deduct from thirty years the number of years computed in paragraph (1) and multiply that difference by the annual rent determined by mutual agreement of lessor and lessee within thirty days after the extension or by arbitration in accordance with chapter 658A; and

(4) Add the amounts computed in paragraphs (2) and (3) and divide that sum by thirty. This sum rounded to the nearest dollar shall be the annual rent for the first thirty years of the extended term; provided that the rent shall not be less than the annual rent in effect immediately prior to the extension, unless otherwise consented to by the lessor.

(b) The annual rent payable under subsection (a) for and during the remaining period of the extended term shall be determined by mutual agreement of the lessor and the lessee or, if they fail to reach an agreement at least ninety days before the commencement of the period, by arbitration in accordance with chapter 658A. [L 1967, c 307, §39; HRS §516-66; am L 1975, c 184, §2(18); am L 2001, c 265, §4; am L 2018, c 18, §40]
Haw. Rev. Stat. § 523A-2 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-2
Definitions.
Status: in_force

As used in this part, unless the context otherwise requires:

"Administrator" means the director of finance.

"Apparent owner" means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder.

"Business association" means a corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, safe deposit company, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one or more persons, whether or not for profit.

"Domicile" means the state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation.

"Financial organization" means a savings and loan association, financial services loan company, bank, banking organization, or credit union.

"Holder" means a person obligated to hold for the account of, or deliver or pay to, the owner of property that is subject to this part.

"Insurance company" means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers' compensation insurance.

"Mineral" means gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal resource; or any other substance defined as a mineral by the law of this State.

"Mineral proceeds" means amounts payable for the extraction, production, or sale of minerals, or, upon the abandonment of those payments, all payments that become payable thereafter. The term includes amounts payable:

(1) For the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties, and delay rentals;

(2) For the extraction, production, or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments, and production payments; and

(3) Under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement, and farm-out agreement.

"Money order" includes an express money order and a personal money order, on which the remitter is the purchaser. The term does not include a bank money order or any other instrument sold by a financial organization if the seller has obtained the name and address of the payee.

"Owner" means a person who has a legal or equitable interest in property subject to this part or the person's legal representative. The term includes a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, and a creditor, claimant, or payee in the case of other property.

"Person" means an individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

"Property" means tangible property described in section 523A-4 or a fixed and certain interest in intangible property that is held, issued, or owed in the course of a holder's business, or by a government, governmental subdivision, agency, or instrumentality, and all income or increments therefrom. The term includes property that is referred to as or evidenced by:

(1) Money, a check, draft, deposit, interest, or dividend;

(2) A credit balance, customer's overpayment, gift certificate not exempt under section 523A-3.5, security deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral proceeds, or unidentified remittance;

(3) Stock or other evidence of ownership of an interest in a business association or financial organization;

(4) A bond, debenture, note, or other evidence of indebtedness;

(5) Money deposited to redeem stocks, bonds, coupons, or other securities or to make distributions;

(6) An amount due and payable under the terms of an annuity or insurance policy, including policies providing life insurance, property and casualty insurance, workers' compensation insurance, or health and disability insurance; and

(7) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits.

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.

"Utility" has the same meaning as the term "public utility" under section 269-1. [L 2008, c 55, pt of §1]
Haw. Rev. Stat. § 501-53 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-53
Dismissal; effect; withdrawal, conditions.
Status: in_force

If the court finds that the applicant has not title proper for registration, a decree shall be entered dismissing the application and the decree may be ordered to be without prejudice in whole or in part; but unless it is so ordered, it shall bind the parties, their privies, and the land in respect to any issue of fact which has been tried and determined. The applicant may withdraw the applicant's application at any time before final decree, upon terms to be determined by the court. The court may in its discretion require the applicant who moves to withdraw the applicant's application or to substitute some other person as applicant, to stipulate that the applicant shall be bound by the result of any issue of fact which has been tried and determined, and such stipulation shall bind the parties, their privies and the land itself.