Haw. Rev. Stat. § 514C-8 — HI Code / Division 3 / Title 28 / Chapter 514C / Section 514C-8
Exception.
Status: in_force

(a) This part shall not apply if the land under the condominium project or cooperative housing corporation subject to a leased fee interest is part of a larger tract of land and the lessor will not agree to sell the leased fee interest in the land in parts.

(b) If the land under the condominium is owned jointly by lessors, all of whom qualify as tax-exempt charitable organizations as defined by section 501(c)(3) of the Internal Revenue Code of 1986, as amended, the sale by one co-lessor to another co-lessor of its interest in the land under the condominium shall not be subject to the provisions of this chapter. [L 1988, c 298, pt of §1; am L 1999, c 241, §3(8); am L 2005, c 91, §1]
Haw. Rev. Stat. § 523A-63 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-63
Disposition of property received.
Status: in_force

Property received under this part shall be deposited or sold by the director as though received under part I of this chapter. Property received under this part shall not be subject to claim within two years following the date upon which it is paid to or received by the State. Thereafter, persons claiming an interest in the unclaimed property delivered to the State pursuant to this part shall make their claims in the manner provided in part I of this chapter.
Haw. Rev. Stat. § 502-54 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-54
Penalty for false certificate.
Status: in_force

Any officer authorized to take acknowledgments to instruments who knowingly incorporates in the certificate of acknowledgment any false or misleading statement as to the facts therein contained, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Nothing in this section shall be construed to do away with the liability for civil damages for such act.
Haw. Rev. Stat. § 501-217 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-217
Limitation of actions.
Status: in_force

All actions on contract claims for compensation under this chapter by reason of any loss or damage or deprivation of land, or any estate or interest therein, shall be begun within the period of six years from the time when the cause of action accrued, and not afterwards; provided that the plaintiff in an action for the recovery of the land or estate or interest therein in accordance with section 501-213, may bring the action on the contract claim within one year after the termination of that action. The contract claim herein provided shall survive to the personal representatives of the registered owner, unless barred in the registered owner's lifetime, but the proceeds thereof shall be treated as real estate.
Haw. Rev. Stat. § 514B-112 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-112
] Condominium community mutual obligations.
Status: in_force

(a) All unit owners, tenants of owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to this chapter are subject to this chapter and to the declaration and bylaws of the association adopted pursuant to this chapter.

(b) All agreements, decisions, and determinations lawfully made by the association in accordance with the voting percentages established in this chapter, the declaration, or the bylaws are binding on all unit owners.

(c) Each unit owner, tenants and employees of an owner, and other persons using the property shall comply strictly with the covenants, conditions, and restrictions set forth in the declaration, the bylaws, and the house rules adopted pursuant thereto. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the managing agent, resident manager, or board on behalf of the association or, in a proper case, by an aggrieved unit owner. [L 2004, c 164, pt of §2 ; am L 2005, c 93, §7 ]
Haw. Rev. Stat. § 514E-11.1 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-11.1
Deceptive trade practices.
Status: in_force

It shall constitute an unfair or deceptive practice, within the meaning of chapter 480, for any developer, acquisition agent, or sales agent of time share units or plans to:

(1) Use any promotional device, including but not limited to entertainment, prizes, gifts, food and drinks, games, or other inducements without fully disclosing that the device is being used for the purpose of soliciting sales of time share interests;

(2) Offer a prospective purchaser a prize or gift, in writing, as part of any time share advertising or sales promotion plan, if to claim the prize or gift, the prospective purchaser must attend a sales presentation, unless the written disclosure described in section 514E-11(3) is furnished to the prospective purchaser at the time the prospective purchaser is notified of the prize or gift; provided that the written disclosure is written or printed in a size equal to at least ten-point bold type;

(3) Fail to inform each purchaser orally and in writing, at the time the purchaser signs the contract, of the purchaser's seven-day right to cancel or void the contract to purchase a time share interest in a time share plan or unit;

(4) Misrepresent in any manner the purchaser's right to cancel or void any contract to purchase a time share interest in a time share plan or unit;

(5) Include in any contract or document provisions purporting to waive any right or benefit to which the purchaser is entitled under this chapter;

(6) Fail or refuse to honor any valid notice of cancellation of the contract by the purchaser and, within fifteen business days after receipt of such notice, fail or refuse to refund all payments made under the contract or sale; or fail or refuse to cancel and return any negotiable instrument executed by the purchaser in connection with the contract or sale and take any appropriate action to terminate promptly any mortgage, lien, or other security interest created in connection with the transaction;

(7) Fail to include above the signature line of any sales contract or, if no sales contract is used, above the signature line of any agreement with the purchaser, in conspicuous bold type and capital letters, the following: "Any purchaser has, under the law, a seven-day right of rescission of any time sharing sales contract";

(8) Misrepresent the amount of time or period of time the time share unit will be available to any purchaser;

(9) Misrepresent or deceptively represent the location or locations of the offered time share unit;

(10) Misrepresent the size, nature, extent, qualities, or characteristics of the offered time share units;

(11) Misrepresent the nature or extent of any services incident to the time share unit;

(12) Misrepresent the conditions under which a purchaser may exchange the purchaser's occupancy rights to a time share unit in one location for occupancy rights to a time share unit in another location;

(13) Fail to orally disclose during the initial oral contact with a prospective purchaser that any promised entertainment, prizes, gifts, food and drinks, games, or other inducements are being offered for the purpose of soliciting sales of time share interests in time share units or plans; or

(14) Fail to include in promotional literature and other printed or written material a disclosure that the product or activity involves time share. The director may by rule prescribe the nature of the disclosure. This paragraph shall not apply to a sign or banner, except as provided in section 514E-11(11). [L 1981, c 81, pt of §1; am L 1984, c 165, §2; am L 1985, c 114, §4; gen ch 1985; am L 2001, c 18, §1; am L 2005, c 81, §2]
Haw. Rev. Stat. § 510-5 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-5
Control of community property.
Status: in_force

(a) Either spouse, as agent for the owners of the community property, has the same right as though it were that spouse's separate property to receive, manage, control, dispose of, and otherwise deal with all community property. The rights given to either spouse to manage, control, dispose of, and otherwise deal with community property, as provided in this section, shall be exercised in good faith for the benefit of the owners of the community property and their legal representatives, but no person shall be held liable or accountable with respect to any conveyance, transfer, or other disposition of, or with respect to the management of, control of, or dealing with such community property, except the spouse by whom the same has been so conveyed, transferred, or otherwise disposed of, managed, controlled, or otherwise dealt with. In case of any violation by either spouse of any duty owed to the other or their legal representatives, the person aggrieved and the legal representatives of such person are entitled to appropriate relief.

(b) Nothing in subsection (a) shall be construed to alter or modify or to otherwise affect the legal effect of any act or transaction which occurred prior to May 9, 1984. [L 1945, c 273, pt of §1; am L 1949, c 242, §3(b); RL 1955, §326-5; HRS §510-5; am L 1984, c 100, §1]

Revision Note

"May 9, 1984" substituted for "the effective date of this subsection".
Haw. Rev. Stat. § 514B-32 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-32
Contents of declaration.
Status: reserved

(a) A declaration shall describe or include the following:

(1) The land submitted to the condominium property regime;

(2) The number of the condominium map filed concurrently with the declaration;

(3) The number of units in the condominium property regime;

(4) The unit number of each unit and common interest appurtenant to each unit;

(5) The number of buildings and projects in the condominium property regime, and the number of stories and units in each building;

(6) The permitted and prohibited uses of each unit;

(7) To the extent not shown on the condominium map, a description of the location and dimensions of the horizontal and vertical boundaries of any unit. Unit boundaries may be defined by physical structures or, if a unit boundary is not defined by a physical structure, by spatial coordinates;

(8) The condominium property regime's common elements;

(9) The condominium property regime's limited common elements, if any, and the unit or units to which each limited common element is appurtenant;

(10) The total percentage of the common interest that is required to approve rebuilding, repairing, or restoring the condominium property regime if it is damaged or destroyed;

(11) The total percentage of the common interest, and any other approvals or consents, that are required to amend the declaration. Except as otherwise specifically provided in this chapter, and except for any amendments made pursuant to reservations set forth in paragraph (12), the declaration may be amended at any time by the vote or written consent of unit owners representing at least sixty-seven per cent of the common interest, unless the declaration is amended by the unit owners to require a higher percentage;

(12) Any rights that the developer or others reserve regarding the condominium property regime, including, without limitation, any development rights, and any reservations to modify the declaration or condominium map. An amendment to the declaration made pursuant to the exercise of those reserved rights shall require only the consent or approval, if any, specified in the reservation; and

(13) A declaration, subject to the penalties set forth in section 514B‑69(b), that the condominium property regime is in compliance with all zoning and building ordinances and codes, and all other permitting requirements pursuant to section 514B‑5 and chapter 205, including section 205-4.6 where applicable. In the case of a project in the agricultural district classified pursuant to chapter 205, the declaration, subject to the penalties set forth in section 514B-69(b), shall include an additional statement that there are no private restrictions limiting or prohibiting agricultural uses or activities in compliance with section 205-4.6. In the case of a property that includes one or more existing structures being converted to condominium property regime status, the declaration required by this section shall specify:

(A) Any variances that have been granted to achieve the compliance; and

(B) Whether, as the result of the adoption or amendment of any ordinances or codes, the project presently contains any legal nonconforming conditions, uses, or structures.

A property that is registered pursuant to section 514B‑51 shall instead provide the required declaration pursuant to section 514B‑54. If a developer is converting a structure to condominium property regime status and the structure is not in compliance with all zoning and building ordinances and codes, and all other permitting requirements pursuant to section 514B‑5, and the developer intends to use purchaser's funds pursuant to the requirements of section 514B‑92 or 514B‑93 to cure the violation or violations, then the declaration required by this paragraph may be qualified to identify with specificity each violation and the requirement to cure the violation by a date certain.

(b) The declaration may contain any additional provisions that are not inconsistent with this chapter. [L 2005, c 93, pt of §2; am L 2006, c 38, §22 and c 273, §7; am L 2014, c 49, §4; am L 2022, c 62, §1]
Haw. Rev. Stat. § 514B-147 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-147
] Association fiscal matters; other liens affecting the condominium.
Status: in_force

(a) Except as provided in subsection (b), a judgment for money against the association, if recorded, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against the common expense funds of the association. No other property of a unit owner is subject to the claims of creditors of the association.

(b) Whether perfected before or after the creation of the condominium, if a lien, other than a mortgage (including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium), becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the owner's unit, and the lienholder, upon receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of the payment shall be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.

(c) A judgment against the association shall be indexed in the name of the condominium and the association and, when so indexed, is notice of the lien against the units. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
Haw. Rev. Stat. § 516-52 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-52
§§516-52 to 516-55 REPEALED.
Status: repealed

§§516-52 to 516-55 REPEALED. L 1980, c 107, §4.
Haw. Rev. Stat. § 501-135 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-135
Application by trustee.
Status: in_force

Any trustee may file an application for registration of any land held in trust by the trustee, unless expressly prohibited by the instrument creating the trust.
Haw. Rev. Stat. § 516-132 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-132
Loan to lenders program; collateral security.
Status: in_force

(a) Loans made to mortgage lenders additionally may be secured by a pledge of a lien upon collateral security in an amount as the corporation deems necessary to assure the payment of principal of and interest on the loans as they become due.

(b) The corporation shall determine the nature and type of collateral security required.

(c) A statement designating the collateral security pledged, the mortgage lender pledging the collateral, and the corporation's interest in the pledged collateral may be filed with the bureau of conveyances. Where a statement has been filed, no possession, further filing, or other action under any state law shall be required to perfect any security interest which may be deemed to have been created in favor of the corporation. The mortgage lender shall be deemed the trustee of an express trust for the benefit of the corporation in all matters relating to the pledged collateral.

(d) Subject to any agreement with the holders of its revenue bonds, the corporation may collect, enforce the collection of, and foreclose on any collateral securing its loans to mortgage lenders. The corporation may acquire, take possession of, sell at public or private sale with or without bidding, or otherwise deal with the collateral to protect its interests. [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. § 518-3 — HI Code / Division 3 / Title 28 / Chapter 518 / Section 518-3
Invalidity of certain restrictive covenants.
Status: in_force

It is the public policy of the State to establish community residences in residential areas. Therefore, any restrictive covenant or other private legal impediment made by any person, association, firm, or corporation which directly or indirectly prevents or restricts the establishment in an area zoned for residential use of a facility licensed by the State as an adult residential care home as defined under section 321-15.1; intermediate care facility for individuals with intellectual disabilities in the community; or special treatment facility as defined under section 334-1 shall be void and unenforceable as to such community residences.
Haw. Rev. Stat. § 517E-5 — HI Code / Division 3 / Title 28 / Chapter 517E / Section 517E-5
Delegation of management and investment functions.
Status: in_force

(a) Subject to any specific limitation set forth in a gift instrument or otherwise provided by law, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:

(1) Selecting an agent;

(2) Establishing the scope and terms of the delegation consistent with the purposes of the institution and the institutional fund; and

(3) Periodically reviewing the agent's actions to monitor the agent's performance and compliance with the scope and terms of the delegation.

(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.

(c) An institution that complies with subsection (a) shall not be liable for the decisions or actions of an agent to which the function was delegated.

(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function.

(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by the laws of this State. [L 2009, c 135, pt of §1]
Haw. Rev. Stat. § 514B-153 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-153
Association records; records to be maintained.
Status: in_force

(a) An accurate copy of the declaration, bylaws, house rules, if any, master lease, if any, a sample original conveyance document, all public reports and any amendments thereto, shall be kept at the managing agent's office.

(b) The managing agent or board shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common elements, specifying and itemizing the maintenance and repair expenses of the common elements and any other expenses incurred. The managing agent or board shall also keep monthly statements indicating the total current delinquent dollar amount of any unpaid assessments for common expenses.

(c) Subject to section 514B‑152, all records and the vouchers authorizing the payments and statements shall be kept and maintained at the address of the project, or elsewhere within the State as determined by the board.

(d) The developer or affiliate of the developer, board, and managing agent shall ensure that there is a written contract for managing the operation of the property, expressing the agreements of all parties, including but not limited to financial and accounting obligations, services provided, and any compensation arrangements, including any subsequent amendments. Copies of the executed contract and any amendments shall be provided to all parties to the contract.

(e) The managing agent, resident manager, or board shall keep an accurate and current list of members of the association and their current addresses, and the names and addresses of the vendees under an agreement of sale, if any. The list shall be maintained at a place designated by the board, and a copy shall be available, at cost, to any member of the association as provided in the declaration or bylaws or rules and regulations or, in any case, to any member who furnishes to the managing agent or resident manager or the board a duly executed and acknowledged affidavit stating that the list:

(1) Will be used by the owner personally and only for the purpose of soliciting votes or proxies or providing information to other owners with respect to association matters; and

(2) Shall not be used by the owner or furnished to anyone else for any other purpose.

A board may prohibit commercial solicitations.

Where the condominium project or any units within the project are subject to a time share plan under chapter 514E, the association shall only be required to maintain in its records the name and address of the time share association as the representative agent for the individual time share owners unless the association receives a request by a time share owner to maintain in its records the name and address of the time share owner.

(f) The managing agent or resident manager shall not use or distribute any membership list, including for commercial or political purposes, without the prior written consent of the board.

(g) All membership lists are the property of the association and any membership lists contained in the managing agent's or resident manager's records are subject to subsections (e) and (f), and this subsection. A managing agent, resident manager, or board may not use the information contained in the lists to create any separate list for the purpose of evading this section.

(h) Subsections (f) and (g) shall not apply to any time share plan regulated under chapter 514E. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2007, c 243, §2; am L 2011, c 98, §1]
Haw. Rev. Stat. § 516-122 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-122
Acquisition loan programs; general powers.
Status: in_force

(a) The corporation may make, enter into, and enforce all contracts or agreements which are necessary, convenient, or desirable for the purposes of the performance of its duties in executing the acquisition loan programs.

(b) The corporation may require representations and warranties as it determines necessary to secure its loans. [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. § 502-123 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-123
Recording of documents.
Status: in_force

(a) Notwithstanding any other law to the contrary, and subject to rules adopted by the department of land and natural resources pursuant to chapter 91, the registrar may:

(1) Accept, make, keep, enter, file, index, store, archive, and transmit electronic documents; provided that the registrar shall also continue to accept paper documents for recording and shall place entries for both types of documents in the same index;

(2) Convert or copy paper documents that are accepted for recording into electronic form;

(3) Convert or copy prior records of documents made in the bureau of conveyances into electronic form;

(4) Accept fees for services rendered under this chapter electronically; and

(5) Enter into agreements with other officials of states or political subdivisions thereof, or of the United States, on procedures or processes to electronically satisfy prior approvals and conditions precedent to recording and to facilitate the electronic payment of fees.

(b) This part shall also apply to any document that is received by the registrar of the bureau of conveyances or filed at the bureau of conveyances by the registrar of the land court pursuant to chapter 501.

(c) The department of land and natural resources shall adopt rules pursuant to chapter 91 necessary for the purposes of this part, including to determine when an electronic document shall be considered delivered to the registrar pursuant to section 502-32.

(d) To keep the standards and practices of recording in the State in harmony with the standards and practices of recording offices in other jurisdictions that enact provisions substantially similar to this part, and to keep the technology used by the registrar compatible with technology used by recording offices in other jurisdictions that enact provisions substantially similar to this part, the department of land and natural resources, so far as is consistent with the provisions of this part, in adopting rules under chapter 91, shall consider:

(1) The standards and practices of other jurisdictions;

(2) The most recent standards adopted by national standard setting bodies such as the Property Records Industry Association;

(3) The views of interested persons and governmental officials and entities;

(4) The needs of jurisdictions of varying size, population, and resources; and

(5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. [L 2009, c 102, pt of §2(1)]
Haw. Rev. Stat. § 501-64 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-64
Enforcement of decrees; bailiff.
Status: in_force

The court, in all matters over which it has jurisdiction, may enforce its orders or decrees in the same manner as decrees are enforced in actions in the nature of suits in equity, and upon the request of the judge, the chief of police shall assign an officer to attend the sittings of the court.
Haw. Rev. Stat. § 501-245 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-245
Reference to recorded instruments pertaining to leasehold time share interests.
Status: in_force

Any instrument assigning, conveying, or otherwise dealing with a leasehold time share interest and which requires a reference to a prior recorded instrument may satisfy the requirements of section 502-33 by reference to the land court document number (in the case of a document recorded pursuant to chapter 501) or to the book and page or bureau of conveyances document number (in the case of a document recorded pursuant to chapter 502) of the instrument to which reference is made.
Haw. Rev. Stat. § 523A-30 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-30
Uniformity of application and construction.
Status: in_force

This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.
Haw. Rev. Stat. § 516-121 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-121
Acquisition loan programs; procedures and requirements.
Status: in_force

(a) The corporation shall establish procedures for:

(1) The submission of requests or the invitation of proposals for loans to mortgage lenders;

(2) The purchase of existing loans by auction, invitation of tenders, or negotiation;

(3) The making of advance commitments to purchase and the purchasing of eligible loans to be made by mortgage lenders by auction, invitation of tenders, or negotiation; and

(4) Loan applications made through mortgage lenders to eligible borrowers.

(b) The corporation shall establish standards and requirements for:

(1) The allocation of loans to mortgage lenders;

(2) The allocation of funds to purchase existing loans from mortgage lenders;

(3) The making of advance commitments and allocation of funds to purchase eligible loans from mortgage lenders; and

(4) The participation by mortgage lenders as originators and processors of eligible loans on behalf of the corporation.

(c) The standards and requirements for the allocation of funds to mortgage lenders adopted by the corporation shall be designed to include the maximum number of qualified mortgage lenders as participants in the acquisition loan programs.

(d) The corporation may adopt rules under chapter 91 necessary or convenient for the operation of the acquisition loan programs under 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]
Haw. Rev. Stat. § 521-46 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-46
[ §521-46] Application screening fee.
Status: in_force

[ §521-46] Application screening fee. (a) When a landlord or the landlord's agent receives a request from an applicant to rent a dwelling unit, the landlord or the landlord's agent may charge the applicant an application screening fee at the time the application is processed for the dwelling unit to cover the costs of obtaining information about the applicant; provided that a landlord or the landlord's agent shall only charge an application screening fee for an applicant who is eighteen years of age or older or an emancipated minor. Information sought by the landlord or the landlord's agent charging the fee may include personal reference checks, tenant reports, criminal background checks, and credit reports produced by any consumer credit reporting agency.

(b) Upon request by the applicant, a landlord or the landlord's agent shall provide to the applicant a:

(1) Receipt for payment of the application screening fee; and

(2) Breakdown of costs covered by the application screening fee.

(c) A landlord or the landlord's agent shall return to the applicant any amount of the application screening fee that is not used for the purposes authorized by this section within thirty days after the landlord has submitted screening requests.

(d) For the purposes of this section:

"Consumer credit reporting agency" has the same meaning as in section 489P-2.

"Credit report" has the same meaning as in section 489P-2. [L 2023, c 200, §1]
Haw. Rev. Stat. § 507D-6 — HI Code / Division 3 / Title 28 / Chapter 507D / Section 507D-6
Filing a notice of invalid lien.
Status: in_force

(a) If a claim of lien not in conformity with section 507D-5(a) has been accepted for filing, the registrar shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the federal agency of which the individual is an official or employee, or the attorney representing the state or county department, agency, board, authority, or commission of which the individual is an officer or employee. A copy of the notice of invalid lien shall be mailed by the government attorney to the lien claimant at his or her last known address.

(b) If a claim of nonconsensual common law lien not in conformity with section 507D-5(b) has been accepted for filing, the registrar shall accept for filing a notice of invalid lien signed and submitted by the party in interest.

(c) The registrar or registrar's assistants shall not be liable for accepting for filing either a claim of lien as described in section 507D-5 or a notice of invalid lien pursuant to this section. [L 1996, c 24, pt of §1; am L 2001, c 96, §2]
Haw. Rev. Stat. § 523A-6 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-6
Dormancy charge.
Status: in_force

A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction shall be limited to an amount that is not unconscionable.
Haw. Rev. Stat. § 523A-58 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-58
Petition for determination of State's right to custody of unclaimed property; venue; service not required.
Status: in_force

(a) Within one hundred twenty days following the date of publication by the director, or whenever it appears, after investigation by the director or otherwise, that there exists or may exist property subject to this part, the attorney general may take action to recover such property. Any proceeding by the attorney general shall be commenced by filing a petition to determine the State's right to custody of all property mentioned in the report and unclaimed within the time and in the manner provided by section 523A-56. The petition shall name as respondents all persons known to have been interested and "all persons unknown claiming any title or interest" in or to the property described or referred to in the petition. Known owners may be described as a class when: (i) they own or claim property of the same nature and the value of such property as shown on the account of each such owner or claimant in the records of the United States does not exceed $500 in value, or (ii) the records of the United States show more than ten such owners or claimants for a particular fund, item, or category of property, or (iii) the records of the United States fail to disclose the number of owners or claimants for a particular fund, item, or category of property with a reasonable degree of certainty. If the records of the United States fail to disclose with reasonable certainty the identity or number of owners or claimants of particular funds or other personal property, or the extent of their interests therein, such persons may be designated and described as a class of "all unknown owners or claimants to the funds or property mentioned in or affected by" the proceeding, and, as the case may be, the petition shall identify and set forth the court actions or proceedings to the credit of which such funds or other property are held, or the accounts or other identifying references under which they are carried upon the records of the United States. The petition shall describe or refer to the property, and may include one or more items, as the attorney general may be advised, without prejudice to the right of the attorney general to commence subsequent proceedings relating to other items not included. The petition shall also state the name of the owner and the last address of the owner as known or as presumed under this part, and shall set forth the facts and circumstances by virtue of which it is claimed that such funds or property are subject to custody by the State. When known owners or claimants are described as a class, the requirements of section 523A-59 must be met. Any number of respondents may be joined whether they reside in the same or different counties; and any number of causes of action may be joined and need not be separately stated.

(b) The proceeding shall be commenced and heard in the circuit court of the first circuit of the State and venue shall not be affected by the provisions of any other statute.

(c) No summons or other process shall issue to direct the appearance and answer of a respondent. [L 1988, c 93, pt of §2]
Haw. Rev. Stat. § 514C-7 — HI Code / Division 3 / Title 28 / Chapter 514C / Section 514C-7
Violations; voidable sale.
Status: in_force

Any sale made that violates this part shall be voidable at the option of the association of owners or the cooperative housing corporation. If any sale is so voided, the association of owners or cooperative housing corporation shall then have the right to buy the interest which had been conveyed by virtue of such sale for the same price as pertained to the sale so voided, subject to the time restrictions contained in section 514C-5.
Haw. Rev. Stat. § 501-117 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-117
Procedure.
Status: in_force

Registration of a mortgage shall be made in the manner following: the mortgage shall be presented to the assistant registrar who shall enter upon the original certificate of title a memorandum of the purport of the mortgage, the time of filing or recording, the document number of the mortgage, and shall sign the memorandum. The assistant registrar shall also note upon the mortgage the time of filing or recording, and a reference to the volume and page of the registration book where it is registered.
Haw. Rev. Stat. § 521-83 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-83
[ §521-83] Early termination of tenancy; servicemember tenants.
Status: in_force

[ §521-83] Early termination of tenancy; servicemember tenants. (a) A servicemember tenant may terminate a rental agreement of a term of one year or less without penalty or fees for early termination or liability for future rent if the servicemember tenant receives military orders requiring the servicemember tenant to vacate civilian housing and move into on-post government quarters; provided that:

(1) Failure to move into on-post government quarters will result in a forfeiture of the servicemember tenant's basic allowance for housing;

(2) The servicemember tenant requests permission from their commanding officer to maintain their housing allowance and their request is denied; and

(3) The servicemember tenant submits at least thirty days written notice to the landlord.

(b) When the tenancy is from month to month, a servicemember tenant may terminate a rental agreement without penalty or fees for early termination or liability for future rent if the servicemember tenant receives military orders requiring the servicemember tenant to vacate civilian housing and move into on-post government quarters; provided that failure to move into on-post government quarters will result in a forfeiture of the servicemember tenant's basic allowance for housing; provided further that the servicemember tenant submits at least fifteen days written notice to the landlord.

(c) The written notice required under subsection (a) or (b) shall be accompanied by the following documents:

(1) Either:

(A) A copy of official military orders; or

(B) A written verification signed by the servicemember tenant's commanding officer; and

(2) Written proof from the servicemember tenant's commanding officer that the servicemember tenant's request to maintain their housing allowance was denied.

(d) In the event a servicemember tenant dies during active duty, an adult member of the servicemember tenant's family may terminate a rental agreement of a term of one year or less, or a rental agreement with a month to month tenancy, without penalty or fees for early termination or liability for future rent if the family member provides at least fifteen days written notice to the landlord. The notice shall be accompanied by a copy of the servicemember tenant's death certificate and:

(1) A copy of official military orders showing the servicemember tenant was on active duty; or

(2) A written verification signed by the servicemember tenant's commanding officer.

(e) If the servicemember tenant is solely liable on the rental agreement, the rental agreement shall terminate on the early termination date described in subsection (a), (b), or (d), and the servicemember tenant or servicemember tenant's estate or family member, as applicable, shall be liable for rent owed through the early termination date plus any previous obligations outstanding as of that date. The amount due from the servicemember tenant shall be paid to the landlord on or before the early termination date.

(f) If there are multiple tenants who are parties to the rental agreement, the release of one or more servicemember tenants under this section shall not terminate the rental agreement with respect to the other non-terminating tenants; provided that the other non-terminating tenants demonstrate an ability to pay the rent under the rental agreement, as determined by the landlord. If the other non-terminating tenants fail to demonstrate an ability to pay the rent, the landlord may terminate the rental agreement by giving notice of early termination to the other non-terminating tenants at least thirty days before the early termination date specified in the notice; provided that the landlord shall not assess any penalty or fees for the early termination. The amount due from the other non-terminating tenants shall be paid to the landlord on or before the early termination date.

The landlord shall not be required to refund security deposits under section 521-44 or prepaid rent until:

(1) The rental agreement terminates with respect to all tenants and the dwelling unit is surrendered to the landlord; or

(2) Early termination is effected pursuant to this section, in which case each terminating tenant shall receive a prorated share of any security deposit or prepaid rent from the landlord upon termination of the rental agreement; provided that the percentage of any security deposit to be returned shall be determined by the parties in writing; provided further that if there is no determination made by the parties regarding the percentage share of the security deposit, the landlord shall be permitted to refund the security deposit in equal shares to each tenant on the rental agreement.

(g) If a servicemember tenant or an adult member of the servicemember tenant's family submits notice of early termination in compliance with this section, the landlord shall:

(1) Return a prorated share of all security deposits recoverable by the terminating servicemember tenant or the terminating servicemember tenant's family member under section 521-44 and prepaid rent recoverable by the terminating servicemember tenant or the terminating servicemember tenant's family member following the servicemember tenant's or family member's surrender of the dwelling unit, except as otherwise provided in subsection (f); provided that the landlord may withhold a prorated amount of the security deposit for payment of damages that the landlord has suffered by reason of the terminating servicemember tenant's noncompliance with section 521-51; and

(2) Not assess any fee or penalty against the terminating servicemember tenant or the terminating servicemember tenant's family member for exercising any right granted under this section.

(h) This section shall not affect a servicemember tenant's liability for delinquent, unpaid rent, or other amounts owed to the landlord before the rental agreement was terminated by the servicemember tenant or servicemember tenant's family member under this section.

(i) Nothing in this section shall be construed to infringe upon or affect in any way the rights a servicemember tenant may have under the federal Servicemembers Civil Relief Act, P.L. 108-189, or chapter 657D.

(j) This section shall not apply if the military orders are a result of disciplinary action or court order.

(k) For the purposes of this section, "servicemember tenant" means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, or the Hawaii national guard, who is on ordered federal duty for a period of ninety days or more and who is a party to a rental agreement under this chapter. [L 2021, c 19, §2]
Haw. Rev. Stat. § 523A-3.5 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-3.5
Gift certificates and gift cards.
Status: in_force

(a) This part shall not apply to a gift certificate or gift card; provided the gift certificate or gift card has no expiration date, no expiration period, and no type of post-sale charge or fee (including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges).

(b) This part shall not apply to a gift certificate or gift card that has an expiration date, expiration period, or any type of post-sale charge or fee, including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges if:

(1) The gift certificate or gift card was issued before January 1, 2010; and

(2) It is the policy and practice of the issuer of the gift certificate or gift card to:

(A) Honor the gift certificate or gift card after its expiration date or the end of its expiration period; and

(B) Eliminate all post-sale charges and fees.

(c) As used in this section, "gift certificate" or "gift card":

(1) Means a written promise or electronic payment device that:

(A) Is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers;

(B) Is issued in a specific amount (which may or may not be denominated on the gift certificate or gift card);

(C) May or may not be increased in value or reloaded;

(D) Is purchased, or loaded, or both, on a prepaid basis for the future purchase or delivery of any goods or services; and

(E) Is honored upon presentation.

(2) Shall not include:

(A) An electronic payment device linked to a deposit account, or prepaid telephone calling cards;

(B) Flexible spending arrangements as defined in section 106(c)(2) of the Internal Revenue Code (26 U.S.C. 106(c)(2)); flexible spending accounts subject to section 125 of the Internal Revenue Code (26 U.S.C. 125), Archer MSAs as defined in section 220(d) of the Internal Revenue Code (26 U.S.C. 129); dependent care reimbursement accounts subject to section 129 of the Internal Revenue Code (26 U.S.C. 129); health savings accounts subject to section 223(d) of the Internal Revenue Code (26 U.S.C. 223(d)), as amended by section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (P.L. 108-173); or similar accounts for which, under the Internal Revenue Code and its implementing regulations, individuals may pay medical expenses, health care expenses, dependent care expenses, or similar expenses on a pretax basis. As used in this subparagraph, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended; and

(C) Payroll cards or other electronic payment devices that are linked to a deposit account and that are given in exchange for goods or services rendered. [L 2008, c 55, pt of §1]
Haw. Rev. Stat. § 507-14 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-14
Enforcement; notice; auction.
Status: in_force

If any lien has attached to any article or lot of articles under section 507-13 and remains unsatisfied for a period of at least ninety days, the article or lot of articles may be sold in the manner herein provided. All articles received in one lot may be sold as one lot or as separate articles. Any number of articles or lots of articles may be included in the same notice. Notice of the time and place of sale shall be published in a newspaper of general circulation in the county where the articles or lots of articles to be sold have been delivered for laundering, cleaning, dyeing, or pressing, not less than five nor more than ten days prior to the date of sale. The notice shall state the name of each person who delivered an article or lot of articles to be sold, if known, and shall state the amount of lien to be satisfied with respect to the article or lot of articles delivered by the person. As to the nature of the articles or lots of articles to be sold, the notice need merely state, in general terms, with reference to the articles or lots of articles collectively, that they are articles or lots of articles left for the purpose of laundering, cleaning, dyeing, or pressing. At the time and place named in the publication each article or lot of articles may be sold at auction and the purchaser shall succeed to the owner's title thereto. The auction may be conducted by the holder of the lien or any person designated by the holder, and may take place upon the premises of the holder of the lien or other premises as may be designated by the holder. Any person, including the holder of the lien, may bid for and purchase any article or lot of articles offered for sale at the auction. Sections 445-21 to 445-23 and sections 445-25 to 445-36 shall not apply to any auction conducted pursuant to this section.
Haw. Rev. Stat. § 514B-134 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-134
] Management and contracts; developer, managing agent, and association.
Status: in_force

(a) Any developer or affiliate of the developer or a managing agent, who manages the operation of the property from the date of recordation of the first unit conveyance until the organization of the association, shall comply with the requirements of sections 514B‑72, 514B‑103, and 514B‑149.

(b) The developer or affiliate of the developer, board, and managing agent shall ensure that there is a written contract for managing the operation of the property, expressing the agreements of all parties including, but not limited to, financial and accounting obligations, services provided, and any compensation arrangements, including any subsequent amendments. Copies of the executed contract and any amendments shall be provided to all parties to the contract. Prior to the organization of the association, any unit owner may request to inspect as well as receive a copy of the management contract from the entity that manages the operation of the property. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
Haw. Rev. Stat. § 521-44 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-44
Security deposits.
Status: in_force

(a) As used in this section "security deposit" means money deposited by or for the tenant with the landlord to be held by the landlord to:

(1) Remedy tenant defaults for accidental or intentional damages resulting from failure to comply with section 521-51, for failure to pay rent due, or for failure to return all keys, including key fobs, parking cards, garage door openers, and mail box keys, furnished by the landlord at the termination of the rental agreement;

(2) Clean the dwelling unit or have it cleaned at the termination of the rental agreement so as to place the condition of the dwelling unit in as fit a condition as that which the tenant entered into possession of the dwelling unit;

(3) Compensate for damages caused by a tenant who wrongfully quits the dwelling unit;

(4) Compensate for damages under subsection (b) caused by any pet animal allowed to reside in the premises pursuant to the rental agreement; and

(5) Compensate the landlord for moneys owed by the tenant under the rental agreement for utility service provided by the landlord but not included in the rent.

(b) The landlord may require, as a condition of a rental agreement, a security deposit to be paid by or for the tenant for the items in subsection (a) and no others in an amount not in excess of a sum equal to one month's rent, plus an amount agreed upon by the landlord and tenant to compensate the landlord for any damages caused by any pet animal allowed to reside in the premises pursuant to the rental agreement; provided that the additional security deposit amount for a pet animal under this subsection:

(1) Shall not be required:

(A) From any tenant who does not have a pet animal that resides in the premises; or

(B) For an assistance animal that is a reasonable accommodation for a tenant with a disability pursuant to section 515-3; and

(2) Shall be in an amount not in excess of a sum equal to one month's rent.

The landlord may not require or receive from or on behalf of a tenant at the beginning of a rental agreement any money other than the money for the first month's rent and a security deposit as provided in this section. No part of the security deposit shall be construed as payment of the last month's rent by the tenant, unless mutually agreed upon, in writing, by the landlord and tenant if the tenant gives forty-five days' notice of vacating the premises; in entering such agreement, the landlord shall not be deemed to have waived the right to pursue legal remedies against the tenant for any damages the tenant causes. Any such security deposit shall be held by the landlord for the tenant and the claim of the tenant to the security deposit shall be prior to the claim of any creditor of the landlord, including a trustee in bankruptcy, even if the security deposits are commingled.

(c) At the termination of a rental agreement in which the landlord required and received a security deposit if the landlord proposes to retain any amount of the security deposit for any of the purposes specified in subsection (a), the landlord shall so notify the tenant, in writing, unless the tenant had wrongfully quit the dwelling unit, together with the particulars of and grounds for the retention, including written evidence of the costs of remedying tenant defaults, such as estimates or invoices for material and services or of the costs of cleaning, such as receipts for supplies and equipment or charges for cleaning services. The security deposit, or the portion of the security deposit remaining after the landlord has claimed and retained amounts authorized under this section, if any, shall be returned to the tenant not later than fourteen days after the termination of the rental agreement. If the landlord does not furnish the tenant with the written notice and other information required by this subsection, within fourteen days after the termination of the rental agreement, the landlord shall not be entitled to retain the security deposit or any part of it, and the landlord shall return the entire amount of the security deposit to the tenant. A return of the security deposit or the furnishing of the written notice and other required information in compliance with the requirements of this subsection shall be presumptively proven if mailed to the tenant, at an address supplied to the landlord by the tenant, with acceptable proof of mailing and postmarked before midnight of the fourteenth day after the date of the termination of the rental agreement or if there is an acknowledgment by the tenant of receipt within the fourteen-day limit. All actions for the recovery of a landlord's complete or partial retention of the security deposit shall be instituted not later than one year after termination of the rental agreement.

(d) For the purposes of this section if a tenant is absent from the dwelling unit for a continuous period of twenty days or more without written notice to the landlord the tenant shall be deemed to have wrongfully quit the dwelling unit; provided that the tenant shall not be considered to be absent from the dwelling unit without notice to the landlord during any period for which the landlord has received payment of rent. In addition to any other right or remedy the landlord has with respect to such a tenant the landlord may retain the entire amount of any security deposit the landlord has received from or on behalf of such tenant.

(e) The landlord shall not require the delivery of any postdated check or other negotiable instrument to be used for payment of rent.

(f) If the landlord who required and received a security deposit transfers the landlord's interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver, or otherwise, the landlord's successor in interest is bound by this section. The original landlord shall provide an accounting of the security deposits received for each dwelling unit to the landlord's successor at or before the time of the transfer of the landlord's interest; within twenty days thereafter the landlord's successor shall give written notice to each tenant of the amount of the security deposit credited to the tenant. In the event the landlord's successor fails to satisfy the requirements of this subsection, it shall be presumed that the tenant has paid a security deposit equal to no less than one month's rent at the rate charged when the tenant originally rented the dwelling unit and the landlord's successor shall be bound by this amount in all further matters relating to the security deposit.

(g) If the landlord and the tenant disagree about the right of the landlord to claim and retain the security deposit or any portion of it, either the landlord or the tenant may commence an action in the small claims division of the district court, as provided in chapter 633 and the rules of court thereunder, to adjudicate the matter.

(h) In any action in the small claims division of the district court pursuant to subsection (g) where the court determines that:

(1) The landlord wrongfully and wilfully retained a security deposit or part of a security deposit, the court may award the tenant damages in an amount equal to three times the amount of the security deposit, or part thereof, wrongfully and wilfully retained and the cost of suit.

(2) The landlord wrongfully retained a security deposit or part of a security deposit, the court shall award the tenant damages in an amount equal to the amount of the security deposit, or part thereof, wrongfully retained and the cost of suit.

(3) The landlord was entitled to retain the security deposit or a part of it, the court shall award the landlord damages in an amount equal to the amount of the security deposit, or part thereof, in dispute and the cost of suit.

(4) In any such action, neither the landlord nor the tenant may be represented by an attorney, including salaried employees of the landlord or tenant. [L 1972, c 132, pt of §1; am L 1974, c 180, §3; am L 1975, c 101, §1; gen ch 1985; am L 1986, c 12, §1; am L 1987, c 170, §1 and c 282, §1; am L 1989, c 169, §1; am L 2013, c 206, §1; am L 2015, c 29, §3]
Haw. Rev. Stat. § 507-71 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-71
Other rights.
Status: in_force

Nothing in this part shall be construed to impair or affect the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this part shall be in addition to all other rights provided by law to a creditor against the creditor's debtor.[L 1984, c 239, pt of §1]
Haw. Rev. Stat. § 515-8 — HI Code / Division 3 / Title 28 / Chapter 515 / Section 515-8
Religious institutions.
Status: in_force

It is not a discriminatory practice for a religious institution or organization or a charitable or educational organization operated, supervised, or controlled by a religious institution or organization to give preference to members of the same religion in a real property transaction, unless membership in such religion is restricted on account of race, color, or ancestry.
Haw. Rev. Stat. § 514E-11.3 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-11.3
Remedies; sales voidable; when and by whom.
Status: in_force

Every sale or transfer made in violation of this chapter shall be voidable at the election of the purchaser. Without limiting any other remedy of the purchaser, the person making the sale or transfer and every director, officer, or agent of or for the seller, if the director, officer, or agent has personally participated or aided in any way in making the sale, transfer, or solicitation, shall be jointly and severally liable to the purchaser in any action at law in any court of competent jurisdiction upon tender of the time share interest sold, or of the contract made, for the full amount paid by the purchaser, with interest at the rate of ten per cent a year from the date of payment by the purchaser, together with all taxable court costs and reasonable attorney's fees, less a pro rata portion of the amount paid representing the portion of any benefits the purchaser actually received or had the right to receive during the time preceding tender.

Revision Note

Subsection (a) designation deleted pursuant to §23G-15.
Haw. Rev. Stat. § 505-4 — HI Code / Division 3 / Title 28 / Chapter 505 / Section 505-4
Fees.
Status: in_force

Unless otherwise provided by rules established by the department of land and natural resources, pursuant to chapter 91, the fees payable under this chapter are as follows:

(1) For each notice of federal tax lien in the bureau of conveyances, $10; and

(2) For each certificate of release, partial release, or discharge of a federal tax lien in the bureau of conveyances, $10. [L 1931, c 220, §5; RL 1935, §5194; RL 1945, §12794; am L 1949, c 56, §1; RL 1955, §346-4; am L 1966, c 33, §12; HRS §505-4; am L 1973, c 128, §2; am L 1989, c 47, §14; am L 2019, c 111, §30]
Haw. Rev. Stat. § 514B-9 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-9
] Obligation of good faith.
Status: in_force

Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
Haw. Rev. Stat. § 508D-16 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-16
Remedies; voidable contracts.
Status: in_force

(a) A buyer may elect to complete the purchase of residential real property even if the seller fails to comply with the requirements of this chapter. After recordation of the sale of residential real property, a buyer shall have no right under this chapter to rescind the real estate purchase contract despite the seller's failure to comply with the requirements of this chapter.

(b) When the buyer is provided a disclosure statement prepared and delivered in accordance with this chapter and the buyer decides to rescind the real estate purchase contract, the buyer shall not be entitled to any damages but shall be entitled to the immediate return of all deposits.

(c) In addition to the rights of rescission granted to the buyer under this chapter, when the seller negligently fails to provide the disclosure statement required by this chapter, the seller shall be liable to the buyer for the amount of the actual damages, if any, suffered as a result of the seller's negligence.

(d) In addition to the remedies allowed under subsection (b) or (c), a court may also award the prevailing party attorney's fees, court costs, and administrative fees. [L 1994, c 214, pt of §2; am L 1996, c 161, §16]
Haw. Rev. Stat. § 507-82 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-82
Liens on attorneys; certified shorthand reporter services.
Status: in_force

(a) Subject to the notice requirements in subsection (b) and the exemptions described in subsection (d), a certified shorthand reporter furnishing a stenographic record of any judicial proceeding, deposition, statement, or interview of a party in a proceeding or a copy of the stenographic record to an attorney at the attorney's request shall create a debt owing to the certified shorthand reporter by the attorney's firm, partnership, corporation, company, or other legal entity pursuant to which the attorney practices law, which may be enforced by the certified shorthand reporter in circuit or district court, as applicable. The amount of the debt shall not exceed the payment agreed to between the attorney and the certified shorthand reporter at the time the stenographic services are requested.

(b) Concurrently with the delivery to the requesting attorney of the completed stenographic record or the final component or part thereof, or as soon as a tally of recoverable costs can be calculated, the certified shorthand reporter shall deliver an invoice listing the amount due for the stenographic services. If the requesting attorney does not pay for the stenographic record within sixty days of the receipt of the completed stenographic record and the invoice, the certified shorthand reporter may send a notice to the attorney that a lien in the amount described in subsection (a) shall be imposed on the assets of the attorney's firm, partnership, corporation, company, or other legal entity pursuant to which the attorney practices law, within fifteen calendar days. Thereafter, if payment is not made to the certified shorthand reporter, the lien may be enforced by the certified shorthand reporter as allowed by law.

(c) The requesting attorney, or the attorney's firm, partnership, corporation, company, or other legal entity pursuant to which the attorney practices law, may dispute the amount due to the stenographic services listed in the invoice or the completeness or accuracy of the stenographic record at any time, and may seek declaratory relief from the circuit court that the debt is not owed. Nothing in this section shall prohibit an attorney or the attorney's firm, partnership, corporation, company, or other legal entity pursuant to which the attorney practices law, from pursuing a third-party claim against the requesting attorney's client for payment of stenographic services.

(d) This section shall not apply when:

(1) Payment to the certified shorthand reporter is otherwise provided by law; or

(2) The attorney expressly disclaims responsibility for payment of the stenographic service or record, in writing, at the time that the attorney orders or requests that a record be made. [L 2011, c 223, §1]
Haw. Rev. Stat. § 514B-106.5 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-106.5
Service of process.
Status: in_force

The board shall establish a policy to provide reasonable access to persons authorized to serve civil process in compliance with section 634-21.5.
Haw. Rev. Stat. § 514B-71 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-71
Condominium education trust fund.
Status: in_force

(a) The commission shall establish a condominium education trust fund that the commission shall use for educational purposes. Educational purposes shall include financing or promoting:

(1) Education and research in the field of condominium management, condominium project registration, and real estate, for the benefit of the public and those required to be registered under this chapter;

(2) The improvement and more efficient administration of associations;

(3) Expeditious and inexpensive procedures for resolving association disputes;

(4) Support for mediation of condominium related disputes; and

(5) Support for voluntary binding arbitration between parties in condominium related disputes, pursuant to section 514B-162.5.

(b) The commission shall use all moneys in the condominium education trust fund for purposes consistent with subsection (a). Any law to the contrary notwithstanding, the commission may make a finding that a fee adjustment is appropriate and adjust the fees paid by associations to regulate the fund balance to an appropriate level to maintain a reasonable relation between the fees generated and the cost of services rendered by the condominium education trust fund . For the purposes of finding that a fee adjustment is appropriate in order to maintain a reasonable relation between the fees generated and the cost of services rendered by the fund, the commission's review shall include the following:

(1) Frequency and timing of anticipated revenue to the fund;

(2) Identification of a reserve amount based on unanticipated revenue reductions and historical expenditures;

(3) Anticipated expenses paid, including recovery payouts during a biennial budget cycle;

(4) Unanticipated natural disasters or catastrophic weather events that may increase fund payments; and

(5) Any statutory adjustments to fund payout amounts.

The balance of the fund shall not exceed a sum determined by the commission. The sum shall be determined by the commission biennially. [L 2005, c 93, pt of §3; am L 2013, c 187, §2; am L 2018, c 196, §3; am L 2018, c 196, §9; am L 2020, c 12, §6 and c 57, §2]
Haw. Rev. Stat. § 516-108 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-108
Trust indenture.
Status: in_force

(a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as deemed necessary or convenient by the corporation for the purposes of this part.

(b) A trust indenture may allow the corporation to pledge and assign to the trustee loans and other agreements related to the acquisition loan programs, and the rights of the corporation thereunder, including the right to receive revenues thereunder and to enforce the provision thereof.

(c) Where a trust indenture provides that any revenue bond issued under that trust indenture is not valid or obligatory for any purpose unless certified or authenticated by the trustee, all signatures of the officers of the State upon the revenue bonds required by section 39-56 may be facsimiles of their signatures.

(d) A trust indenture also shall contain provisions as to:

(1) The investment of the proceeds of the revenue bonds, the investment of any reserve for the bonds, the investment of the revenues of the acquisition loan programs, and the use and application of the earnings from investments; and

(2) The terms and conditions upon which the holders of the revenue bonds or any portion of them or any trustee thereof may institute proceedings for the foreclosure of any loan or other agreement or any note or other undertaking, obligation, or property securing the payment of the bonds and the use and application of the moneys derived from the foreclosure.

(e) A trust indenture also may contain provisions deemed necessary or desirable by the corporation to obtain or permit, by grant, interest subsidy, or otherwise, the participation of the federal government in the acquisition loan programs or in the financing of the costs of administering, operating, or maintaining the acquisition loan programs. [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 "39-56" substituted for "39-64".
Haw. Rev. Stat. § 514B-55 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-55
Developer's public report; request for hearing by developer.
Status: in_force

If an effective date for a developer's public report is not issued within a reasonable time after compliance with registration requirements, or if the developer is materially grieved by the form or content of the developer's public report, the developer, in writing, may request and shall be given a hearing by the commission within a reasonable time after receipt of the request.
Haw. Rev. Stat. § 514E-10 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-10
Registration required; developer, acquisition agent, plan manager, and exchange agent; registration renewal; title report; title holding trusts.
Status: in_force

(a) A developer shall not offer or dispose of a time share unit or a time share interest unless the disclosure statement required by section 514E-9 is filed with the director pursuant to the time specified in this chapter, or the development is exempt from filing, and the time share plan to be offered by the developer is accepted by the director for registration under this chapter. The director shall not accept a developer's time share plan if the developer does not possess a history of honesty, truthfulness, financial integrity, and fair dealing.

(b) An acquisition agent (including the developer if it is also the acquisition agent) shall register under this chapter by filing with the director a statement setting forth the time sharing plan for which it is providing prospective purchasers, its address, the telephone number, other information required by the director as provided by rules adopted pursuant to chapter 91, and, if the acquisition agent is not a natural person, the name of the responsible managing employee; provided that an acquisition agent licensed under chapter 467 as a real estate broker shall not be required to register under this chapter. All acquisition agents not licensed under chapter 467 shall be approved by the director. The director shall not approve any acquisition agent who is not of good character and who does not possess a reputation for honesty, truthfulness, and fair dealing. The acquisition agent shall furnish evidence that the acquisition agent is bonded as required by rules adopted by the director pursuant to chapter 91 to cover any violation by the acquisition agent of any solicitation ordinance or other regulation governing the use of the premise or premises in which the time share plan is promoted; provided that the acquisition agent shall be separately bonded for each time share plan for which it is providing prospective purchases.

(c) A plan manager (including the developer if it is also the plan manager) shall register under this chapter by filing with the director a statement setting forth the time sharing plan that it is managing, its principal office address, telephone number, and responsible managing employee. The plan manager shall furnish evidence that the plan manager is bonded as required by rules adopted by the director pursuant to chapter 91 to cover any default of the plan manager and any of its employees of their duties and responsibilities; provided that the plan manager shall be separately bonded for each time share plan under the management of the plan manager.

(d) An exchange agent (including the developer if it is also an exchange agent) shall register under this chapter by filing with the director a statement setting forth the time sharing plan for which it is offering exchange services, its principal office address and telephone number, and designate its responsible managing employee.

(e) Any plan manager or developer registration required in this section shall be renewed by December 31 of each even-numbered year, and any acquisition agent or exchange agent registration required in this section shall be renewed on December 31 of each odd-numbered year; provided that this subsection shall not relieve the person required to register from the obligation to notify the director promptly of any material change in any information submitted to the director, nor shall it relieve the developer of its obligation to promptly file amendments or supplements to the disclosure statement, and to promptly supply the amendments or supplements to purchasers of time share interests.

(f) An application for renewal of a developer registration shall be on a form prescribed by the director and shall include:

(1) A current disclosure statement that meets the requirements of section 514E-9 and section 16-106-3, Hawaii Administrative Rules, if not already on file;

(2) A statement that is certified by the developer to be true and correct in all respects and that identifies, as appropriate:

(A) The time share units in the time share plan registered pursuant to this chapter; the total number of time share interests registered for sale in each unit pursuant to this chapter; and the total number of time share interests that have not yet been sold as of the date specified in the developer's certification, which date shall not be more than sixty days prior to the date of the developer's certification; or

(B) The property in the time share plan registered pursuant to this chapter; the total number of points registered for sale in each property pursuant to this chapter; and the total number of points in the time share plan that have not yet been sold as of the date specified in the developer's certification, which date shall not be more than sixty days prior to the date of the developer's certification;

(3) If the developer is a corporation, partnership, joint venture, limited liability company, or limited liability partnership, an original certificate of good standing issued by the business registration division of the department of commerce and consumer affairs not more than forty-five days before the date of submission of the renewal application; and

(4) The biennial renewal fee.

(g) Developers shall not be required to include the following in an application for renewal of a developer registration of a time share plan:

(1) A financial statement of the developer; or

(2) A policy of title insurance, a preliminary title report, abstract of title, or certificate of title on the units or time share interests in the time share plan.

(h) A developer's application for registration or annexation shall include:

(1) A list of the projects containing the time share units that are included in the application and that are located outside the State; and

(2) A statement by the developer that it has verified that the use of each of those out-of-state time share units for time sharing purposes in the manner contemplated by the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.

The developer shall not be required, as part of the developer registration, to submit any other evidence that the use of out-of-state time share units for time sharing purposes in the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.

[(i)] To the extent that a time share plan utilizes a title holding trust to protect the rights of purchasers to use the time share property from blanket liens that may arise subsequent to the closing of the sale of a time share interest:

(1) The developer shall submit a title report:

(A) Showing that title to the time share units or time share interest to be protected by a title holding trust has been conveyed to the trustee; and

(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and

(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.

[(j)] To the extent that a time share plan utilizes a notice of time share plan to protect the rights of purchasers to use the time share property from blanket liens that may arise subsequent to the closing of the sale of a time share interest:

(1) The developer shall submit a title report:

(A) Showing that a notice of time share plan has been recorded on title to the time share units or time share interests to be so protected; and

(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and

(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.

[(k)] To the extent that a time share plan utilizes alternative arrangements to protect the rights of purchasers to use the time share property from blanket liens:

(1) The developer shall submit a title report showing the recordation of all documents that, as part of the alternative arrangements accepted by the director, are required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens; and

(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter. [L 1980, c 186, pt of §1; am L 1981, c 81, §5; am L 1984, c 41, §4; am L 1985, c 114, §1 superseded by c 145, §1; gen ch 1985; am L 1987, c 60, §1; am L 1989, c 217, §2; am L 1994, c 91, §1; am L 2001, c 27, §1; am L 2014, c 228, §3; am L 2023, c 197, §2 and c 198, §2]
Haw. Rev. Stat. § 514E-11 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-11
Prohibited practices.
Status: in_force

It is a violation of this chapter for any sales agent or acquisition agent of time share units or plans to:

(1) Fail to comply with the disclosure requirements set forth in section 514E-9 or any rule adopted pursuant thereto;

(2) Use any promotional device, including but not limited to entertainment, prizes, gifts, food and drinks, games, transportation, luaus, ocean recreational activities, land recreational activities, aerial recreational activities, or tours, or other inducements, or make any offer thereof, without fully disclosing orally and as provided in paragraph (3) that the device is being used or offered for the purpose of soliciting sales of time share units or interests;

(3) Offer a prospective purchaser a prize or gift as part of any time share advertising or sales promotion plan, if in order to claim the prize, the prospective purchaser must attend and complete a sales presentation, unless written disclosure is furnished to the prospective purchaser at the time the prospective purchaser is notified of the prize or gift; provided that the written disclosure is written or printed in a size equal to at least ten-point bold type and contains all of the following:

(A) A full description of the exact prize or gift won by the prospective purchaser including its cash value;

(B) All material terms and conditions attached to the prize or gift;

(C) A statement that the consumer must attend and complete a sales presentation; and

(D) An identification of the time share project to be offered for sale, including type of ownership and price ranges of the time share interests in that project;

(4) Misrepresent or deceptively represent any material fact concerning the time share plan or time share unit;

(5) Make any representation that a time share interest is an investment, including but not limited to the value of the interest at resale;

(6) Fail to honor and comply with all provisions of a contract or reservation agreement with the purchaser;

(7) Include, in any contract or reservation agreement, provisions purporting to waive any right or benefit provided for purchasers pursuant to this chapter;

(8) Receive from any prospective purchaser any money, property (including but not limited to a credit card), or other valuable consideration prior to signing a contract or reservation agreement for the purchase of a time share plan or unit; provided that this paragraph shall not apply to sums paid by a purchaser or prospective purchaser for a tourist activity or for any other product or service offered to induce attendance at a time share sales presentation;

(9) Make any agreement or contract with a purchaser before delivering, furnishing, or tendering to that prospective purchaser any promised promotional device or other instrument; provided that nothing herein or in the rules adopted by the director shall require that any promotional device or instrument be delivered, furnished, or tendered to the prospective purchaser prior to making a sales presentation;

(10) Distribute any promotional or disclosure material separately if the material was filed in a consolidated form;

(11) Use any unregistered time share booth, or fail to display at all times a conspicuous, clear, and unobstructed sign of a permanent nature:

(A) That contains the words "time share" or "time sharing" in letters at least three inches tall and in a color that distinctively contrasts with the background on which the words appear;

(B) With minimum dimensions of nine inches by twenty-four inches, excluding any frame;

(C) Posted on or in the booth in an upright position, perpendicular to the ground, and in a location that is easily visible to passersby; and

(D) Consistent with such rules as the director may adopt pursuant to this chapter and consistent also with county ordinances.

No person shall post anything upon or adjacent to the sign, or include anything in the sign, which indicates that the booth is not being used for time share solicitation purposes. As used in this paragraph, "sign of a permanent nature" specifically excludes banners, grease boards, marker boards, handwritten signs, or signs constructed of temporary materials such as paper, poster board, or cardboard. The signage requirements of this paragraph shall not apply to a booth located within a project subject to a time share plan;

(12) Misrepresent the amount of fees to be charged, including management fees, or the structure for future fee increase; or

(13) Sell, offer for sale, or advertise for sale, by any person, partnership, firm, corporation, joint stock company, or other association engaged in marketing time share plans within the State, any tourist activity, including but not limited to land, aerial, or water recreational activities, at less than the actual cost of the activity paid for by the licensee thereof to such vendor or give, offer to give, or advertise with the intent to give away any such tourist activity with the purpose or effect of inducing the prospective purchaser to purchase a time share plan or to attend a time share marketing event.

Any violation of this section shall also constitute an unlawful or deceptive practice within the meaning of section 480-2; provided that in addition violations of section 514E-31 or of paragraph (11) shall result in a fine of not less than $50 for each separate offense for a maximum aggregate amount of $500. [L 1980, c 186, pt of §1; am L 1981, c 81, §6; am L 1984, c 165, §1; am L 1993, c 331, §§1, 3; am L 1994, c 91, §3; am L 1997, c 249, §3; am L 1998, c 136, §§1, 2; am L 2005, c 81, §1; am L 2013, c 49, §2]
Haw. Rev. Stat. § 507-15 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-15
Application of proceeds of sale.
Status: in_force

Out of the proceeds of sale pursuant to section 507-14, the holder of the lien may retain the amount of the lien, plus twenty-five per cent thereof to cover expenses incurred in connection with the storage, handling, and sale of the article or lot of articles sold. Any balance remaining of the sale price of each article or lot of articles sold which is not claimed by the owner thereof within thirty days from the date of sale shall be deposited with the director of finance of the State for payment to the owner and shall be disposed of as provided in chapter 523A.
Haw. Rev. Stat. § 514E-22 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-22
General requirements for trusts.
Status: in_force

If time share units are required to be conveyed to a trustee pursuant to section 514E-19, the trust instrument must provide for at least the following:

(1) Title to the time share units must be transferred to the trustee before the purchaser's funds are disbursed by the escrow agent.

(2) The trustee shall not convey or transfer the time share units except for any units with respect to which no owner has any further right of occupancy or as permitted in section 514E-26.

(3) The trustee shall be prohibited from encumbering the time share units unless the director shall consent thereto. Such consent shall be given if the trust shall meet all of the requirements of section 514E-24 or all requirements of one of the alternative provisions in section 514E-19 are then satisfied.

(4) The association on behalf of the owners must expressly be made a third party beneficiary of the trust.

(5) Notice of the intention of the trustee to resign must be given to the director at least ninety days before the resignation takes effect.

(6) No amendment of the trust instrument adversely affecting the interests or rights of owners may be made without the written approval of the association.

(7) Any other provisions required by the director as provided by rules adopted pursuant to chapter 91. [L 1982, c 186, §10]
Haw. Rev. Stat. § 510-28 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-28
Acts of married persons.
Status: in_force

This part does not prevent married persons from severing or altering their interests in property to which this part applies.
Haw. Rev. Stat. § 515-2 — HI Code / Division 3 / Title 28 / Chapter 515 / Section 515-2
Definitions.
Status: in_force

In this chapter, unless the context otherwise requires:

"Age" means over the age of majority or emancipated minors.

"Commission" means the civil rights commission.

"Disability" means having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. The term does not include current illegal use of or addiction to a controlled substance or alcohol or drug abuse that threatens the property or safety of others.

"Discriminatory practice" means a practice designated as discriminatory under the terms of this chapter.

"Familial status" means the status of: a parent having legal custody of and domiciled with a minor child or children, a person who is domiciled with a minor child or children and who has written or unwritten permission from the legal parent, a person who is pregnant, or any person who is in the process of securing legal custody of a minor child or children.

"Gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth.

"Housing accommodation" includes any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals.

"National origin" includes the national origin of an ancestor.

"Person" refers to the definition of section 1-19 and includes a legal representative, partnership, receiver, trust, trustee, trustee in bankruptcy, the State, or any governmental entity or agency.

"Real estate broker or salesperson" means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who purports to be engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these.

"Real estate transaction" includes the sale, exchange, rental, or lease of real property.

"Real property" includes buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.

"Sexual orientation" means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences. "Sexual orientation" shall not be construed to protect conduct otherwise proscribed by law.

"Steering" includes the practice of directing persons who seek to enter into a real estate transaction toward or away from real property in order to deprive them of the benefits of living in a discrimination-free environment. [L 1967, c 193, §2; HRS §515-2; am L 1976, c 159, §3; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 105, §1; am L 1989, c 386, §§4, 21; am L 1990, c 275, §2; am L 1992, c 33, §5 and c 171, §2; am L 2005, c 214, §2]
Haw. Rev. Stat. § 523A-24 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-24
Interest and penalties.
Status: in_force

(a) A holder who fails to report, pay, or deliver property within the time prescribed by this part shall pay to the administrator interest at the annual rate of two percentage points above the annual rate of discount in effect on the date the property should have been paid or delivered for the most recent issue of fifty-two-week United States Treasury bills on the property or value thereof from the date the property should have been reported, paid, or delivered.

(b) Except as otherwise provided in subsection (c), a holder who fails to report, pay, or deliver property within the time prescribed by this part, or fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of $200 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $5,000.

(c) A holder who wilfully fails to report, pay, or deliver property within the time prescribed by this part, or wilfully fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of $1,000 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $25,000, plus twenty-five per cent of the value of any property that should have been but was not reported.

(d) A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of $1,000 for each day from the date a report under this part was due, up to a maximum of $25,000, plus twenty-five per cent of the value of any property that should have been but was not reported.

(e) The administrator for good cause may waive, in whole or in part, interest under subsection (a) and penalties under subsections (b) and (c), and shall waive penalties if the holder acted in good faith and without negligence. [L 2008, c 55, pt of §1]
Haw. Rev. Stat. § 523A-11 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-11
Custody by State; recovery by holder; defense of holder.
Status: in_force

(a) In this section, payment or delivery is made in "good faith" if:

(1) Payment or delivery was made in a reasonable attempt to comply with this part;

(2) The holder was not then in breach of a fiduciary obligation with respect to the property and had a reasonable basis for believing, based on the facts then known, that the property was presumed abandoned; and

(3) There is no showing that the records under which the payment or delivery was made did not meet reasonable commercial standards of practice.

(b) Upon payment or delivery of property to the administrator, the State shall assume custody and responsibility for the safekeeping of the property. A holder who pays or delivers property to the administrator in good faith shall be relieved of all liability arising thereafter with respect to the property.

(c) A holder who has paid money to the administrator pursuant to this part may subsequently make payment to a person reasonably appearing to the holder to be entitled to payment. Upon a filing by the holder of proof of payment and proof that the payee was entitled to the payment, the administrator shall promptly reimburse the holder for the payment without imposing a fee or other charge. If reimbursement is sought for a payment made on a negotiable instrument, including a traveler's check or money order, the holder shall be reimbursed upon filing proof that the instrument was duly presented and that payment was made to a person who reasonably appeared to be entitled to payment. The holder shall be reimbursed for payment made even if the payment was made to a person whose claim was barred under section 523A-19(a).

(d) A holder who has delivered property other than money to the administrator pursuant to this part may reclaim the property if it is still in the possession of the administrator, without paying any fee or other charge, upon filing proof that the apparent owner has claimed the property from the holder.

(e) The administrator may accept a holder's affidavit as sufficient proof of the holder's right to recover money and property under this section.

(f) If a holder pays or delivers property to the administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim resulting from payment or delivery of the property to the administrator.

(g) Property removed from a safe deposit box or other safekeeping depository shall be received by the administrator subject to the holder's right to be reimbursed for the cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The administrator shall reimburse the holder out of the proceeds remaining after deducting the expense incurred by the administrator in selling the property. [L 2008, c 55, pt of §1]
Haw. Rev. Stat. § 514B-37 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-37
Common interest.
Status: in_force

Each unit shall have the common interest it is assigned in the declaration. Except as provided in sections 514B‑32(a)(12), 514B‑46, and 514B‑140(d) and except as provided in the declaration, a unit's common interest shall be permanent and remain undivided, and may not be altered or partitioned without the consent of the owner of the unit and the owner's mortgagee, expressed in a duly executed and recorded declaration amendment. The common interest shall not be separated from the unit to which it appertains, and shall be deemed to be conveyed or encumbered with the unit even if the common interest is not expressly mentioned or described in the conveyance or other instrument.
Haw. Rev. Stat. § 502-48 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-48
Identification of person making.
Status: in_force

No acknowledgment of any conveyance or other instrument, except as provided by this chapter, whereby any real estate is conveyed or may be affected, shall be taken, unless the person offering to make the acknowledgment is personally known to the notary public taking the acknowledgment to be the person whose name is subscribed to the conveyance or instrument as a party thereto, or is proved to be such by the oath or affirmation of a credible witness known to the notary public, or by production of a valid identification card or document issued by the United States, this State, any other state, or a national government that contains the bearer's photograph and signature, or by obtaining satisfactory evidence of identity of a remotely located individual under section 456-23.
Haw. Rev. Stat. § 514E-9 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-9
Disclosure statement.
Status: in_force

(a) Any offering of a time sharing plan to the public shall disclose:

(1) The name and address of the developer and of the time share units;

(2) The name and address of the plan manager, if any, and a description of the plan manager's responsibilities and authority;

(3) A description of the time share units, including the developer's schedule for completion of all buildings, units, and amenities and dates of availability;

(4) If the time share plan is located in a condominium property regime, a description of the project and, if the purchaser will own an undivided interest in a fee simple or leasehold condominium unit in the condominium project, a brief description of any pertinent provisions of the project instruments;

(5) Any restraints on the transfer of the buyer's time share interest in the time share units or plan;

(6) Whether the time share plan is a time share ownership plan or a time share use plan, along with a description of the rights and responsibilities under said plan;

(7) A statement that there is a seven-calendar-day period of mutual rescission;

(8) A statement that pursuant to section 514E-11.3, every sale or transfer, made in violation of this chapter is voidable at the election of the purchaser;

(9) Notice of any material liens, title defects, or encumbrances on or affecting the title to the units or plan and any other lien, title defect, or encumbrance impacting a purchaser's utilization of the property, as the director may require. For all other liens, title defects, and encumbrances, in lieu of listing these in the disclosure statement, a reference may be made to a website by way of link or otherwise, wherein these items may be listed and thereby disclosed, and be available for review along with a statement that the developer has determined that these liens, title defects, and encumbrances are not expected to directly, substantially, and adversely impact utilization of the property by a purchaser;

(10) Notice of any pending or anticipated suits that are material to the time share units or plan, of which the developer has, or should have, knowledge;

(11) The total financial obligation of the purchaser, which shall consist of:

(A) A statement that the purchaser is obligated to pay the initial price stated in the purchaser's purchase agreement; and

(B) A list or description of any additional charges to which the purchaser may be subject;

(12) An estimate of the dues, maintenance fees, real property taxes, and similar periodic expenses, and the method or formula by which they are derived and apportioned;

(13) The disclosure statement under subsection (d), if applicable;

(14) A list of the primary plan documents.

For purposes of this paragraph:

"Primary plan documents" means the constituent documents of the time share plan, including any time share declaration; any trust agreement; the articles of incorporation and bylaws of the association, if the association is a corporation, or the operating agreement or similar organizational document, if the association is a limited liability company or other entity; the rules for reserving the use of the time share units; and the rules and regulations governing the occupancy of the time share units. "Primary plan documents" does not include supplementary plan documents.

"Supplementary plan documents" means any declaration of annexation, active property declaration, notice of access, notice of conveyance, notice of activation, deed conveying property to the trustee of a time share plan or to the association, and other instruments submitting or committing property to the time share plan or removing property from the time share plan. To the extent that any documents modify the terms and provisions of the time share plan as established in the existing primary plan documents, for example, by establishing a new class or category of time share interest having rights that differ from existing time share interests in the time share plan, the documents shall constitute primary plan documents and shall not constitute supplementary plan documents; and

(15) Other disclosures required by the director, as provided by rules adopted pursuant to chapter 91.

(b) The requirements of this section shall not apply to the following transactions:

(1) Any transaction pursuant to order of any court;

(2) Any disposition by a government or governmental agency;

(3) Normal hotel operations; or

(4) Any gratuitous transfer.

(c) A developer or sales agent shall promptly amend or supplement the disclosure statement to report any material change in the information required by this section.

(d) If all the time share units are located outside the State, the disclosure statement shall contain the following statement:

" BECAUSE THE TIME SHARE UNITS OF THIS TIME SHARE PLAN ARE LOCATED OUTSIDE THE STATE OF HAWAII, THE PLAN MANAGER IS EXEMPT FROM REGISTRATION UNDER HAWAII'S TIME SHARE LAW, AND HAWAII'S TIME SHARE LAW PROVIDES NO PROTECTIONS TO PURCHASERS WITH RESPECT TO THE PLAN MANAGER."
Haw. Rev. Stat. § 514E-25 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-25
Lien payment deposit.
Status: in_force

(a) The lien payment deposit shall consist of either:

(1) Nondelinquent purchase money contracts from purchasers of time share interests in the time share plan; or

(2) Other assets deposited into trust by the developer and approved by the director.

(b)(1) The purchase money contracts shall have an aggregate remaining principal balance of not less than, and any other assets deposited shall have a liquidated value of not less than, one hundred ten per cent of the difference between:

(A) The aggregate remaining principal balance owing under blanket liens against the time share unit or time share interests in it, including any prepayment penalties, release prices, and similar charges; and

(B) The amount of money, or its equivalent, in the trust and available at any time to be applied to the reduction of the principal balance of the blanket lien.

The developer shall have the burden of establishing, to the satisfaction of the director, the liquidated value of assets other than purchase money contracts from purchasers in the time share plan.

(2) If the blanket lien payment deposit consists of purchase money contracts, the payments required to be made by purchasers under the contracts shall:

(A) Be due on or before the dates on which payments become due on the blanket liens;

(B) If paid when due, be equal to at least one hundred ten per cent of the amount required to be paid on the blanket liens on that date; and

(C) Be sufficient to pay, in full, during the term of those contracts:

(i) All amounts secured by the blanket liens, including prepayment penalties and release prices, if any; and

(ii) All service charges payable to the trustee, any collection agent, and any other servicing agent pursuant to the trust instrument.

(3) If the developer proposes to deposit into trust assets other than purchase money contracts, those assets shall be sufficient to pay debt service installments on the blanket lien as they become due and to create a sinking fund or other arrangement adequate to extinguish the debt secured by the blanket lien at its maturity.

(c)(1) In lieu of the requirements of subsection (b), the developer may elect to follow the requirements of paragraphs (2), (3), (4), and (5) if the following requirements are met:

(A) The developer owns or leases under a lease for a term of not less than thirty years all the noncommercial portions of a hotel, condominium, cooperative, or other project;

(B) No more than seventy-five per cent of the appraised value of the project is subject to a mortgage or other lien. The appraised value shall be based on the use of the project prior to the creation of the time share plan;

(C) As security for the obligations of the developer to the owners:

(i) The developer executes and records a mortgage in favor of the trustee under the lien payment trust or the association, in either case as trustee on behalf of the owners, twenty-five per cent of the appraised value of the project; or

(ii) The developer conveys or transfers the project to a trust meeting the requirements of sections 514E-22 and 514E-23, and under the terms of the trust instrument the twenty-five per cent of the beneficial interest in the trust is held for the benefit of, or conveyed or transferred to, the association, acting as trustee for the owners; and

(D) The developer files a verified statement of the program of financing, acceptable to the director, containing a cash flow analysis showing that the developer has adequate funds to pay the debt service installments on the blanket liens on the project during the sales period and to extinguish the debt secured by the blanket lien at its maturity, whether from sales proceeds, loan commitments, income from operations of the project, or other sources.

(2) The purchase money contracts shall have an aggregate remaining principal balance of not less than, and any other assets deposited shall have a liquidated value of not less than, one hundred ten per cent of the difference between:

(A) A pro rata share of the aggregate remaining principal balance owing under blanket liens against the time share unit or time share interests in it, including any prepayment penalties, release prices, and similar charges; and

(B) A pro rata share of the amount of money, or its equivalent, in the trust and available at any time to be applied to the reduction of the principal balance of the blanket lien.

The developer shall have the burden of establishing, to the satisfaction of the director, the liquidated value of assets other than purchase money contracts from purchasers in the time share plan.

(3) If the blanket lien payment deposit consists of purchase money contracts, the payments required to be made by purchasers under the contracts shall:

(A) Be due on or before the dates on which payments become due on the blanket liens;

(B) If paid when due, be equal to at least one hundred ten per cent of a pro rata share of the amount required to be paid on the blanket liens on that date; and

(C) Be sufficient to pay, in full, during the term of those contracts:

(i) A pro rata share of all amounts secured by the blanket liens, including prepayment penalties and release prices, if any; and

(ii) All service charges payable to the trustee, any collection agent, and any other servicing agent pursuant to the trust instrument.

(4) If the developer proposes to deposit into trust assets other than purchase money contracts, those assets shall be sufficient to pay a pro rata share of the debt service installments on the blanket lien as they become due and to create a sinking fund or other arrangement adequate to extinguish the debt secured by the blanket lien at its maturity.

(5) For purposes of this subsection, the term "pro rata share" means a share proportionate to the ratio that the number of time share units in which the sale of time share interests have been closed bears to the total number of time share units in the project. No more than fifty-one weeks of use annually may be attributed to each time share unit in determining the pro rata share.

(6) The developer may elect to terminate the use of the provisions of this subsection upon satisfying all of the requirements of either subsection (b) or section 514E-26(c).

(d) For purposes of this section, a purchase money contract is deemed delinquent when an installment payment is more than fifty-nine days past due. [L 1982, c 186, §13; am L 2018, c 18, §35]
Haw. Rev. Stat. § 502-32 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-32
Instrument recorded as of time of delivery; office hours.
Status: in_force

Every instrument entitled by law to be recorded, shall be recorded in the order and as of the time when the same is delivered to the registrar for that purpose, and shall be considered as recorded from the time of such delivery; provided that it shall not be lawful for the registrar to accept or enter for record and record any instrument or other paper on any Sunday or legal holiday, or on any Saturday that the registrar's office remains closed pursuant to law, or on any other day except between the hours of 8:00 a.m. and 3:30 p.m. It is further provided that it shall be lawful for the registrar to enter into a written agreement with any person or association, which agreement authorizes an instrument to be recorded at 8:01 a.m. on a day subsequent to its delivery to the registrar. [CC 1859, §1260; am L 1905, c 7, §2; am L 1911, c 59, §1; am L 1923, c 37, §1; RL 1925, §3144; RL 1935, §5131; RL 1945, §12731; am L 1955, c 152, §1; RL 1955, §343-22; HRS §502-32; am L 1974, c 13, §2; am L 1989, c 47, §10]
Haw. Rev. Stat. § 523A-4 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-4
Contents of safe deposit box or other safekeeping depository.
Status: in_force

Tangible property held in a safe deposit box or other safekeeping depository in this State in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, shall be presumed abandoned if the property remains unclaimed by the owner for more than five years after expiration of the lease or rental period on the box or other depository.
Haw. Rev. Stat. § 501-264 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-264
Chain of title of deregistered land.
Status: reserved

(a) The chain of record title in the registered owner of any estate or interest in deregistered land shall, as of the date and time of deregistration, be subject only to the following and to the items described in subsection (d):

(1) In the case of land other than a fee time share interest, the estates, mortgages, liens, charges, instruments, documents, and papers noted on the certificate of title recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter;

(2) In the case of a fee time share interest covered by a certified fee time share interest certificate of title, the estates, mortgages, liens, charges, instruments, documents, and papers noted on the certified fee time share interest certificate of title; and

(3) In the case of a fee time share interest covered by an uncertified fee time share interest certificate of title, the estates, mortgages, liens, charges, instruments, documents, and papers noted or deemed to be noted on the uncertified fee time share interest certificate of title, as set forth in subsection (b).

(b) The following shall, for purposes of part II of this chapter, be deemed to be noted on the uncertified fee time share interest certificate of title for a given fee time share interest:

(1) The estates, mortgages, liens, charges, instruments, documents, and papers noted in the last certificate of title certified by the assistant registrar for the registered land of that fee time share interest; and

(2) The estates, mortgages, liens, charges, instruments, documents, and papers registered with respect to the registered land of that fee time share interest, which registration occurred:

(A) After the date of certification of the last certified certificate of title for the registered land of the fee time share interest; and

(B) Prior to the earlier to occur of: the date and time of cancellation of the fee time share interest certificate of title; or July 1, 2012, including but not limited to any estates, liens, charges, covenants, conditions, easements, restrictions, agreements, reservations, limitations, interests, or other continuing provisions contained or reserved in the deed conveying the fee time share interest to the registered owner, whether or not identified in the uncertified fee time share interest certificate of title.

(c) Nothing in subsection (b) is intended to alter the effect of any instruments, documents, or papers identified in subsection (b)(2) on the items noted in the certificate of title described in subsection (b)(1).

(d) As of the date and time of deregistration, the chain of title for deregistered land shall be subject only to the items described in subsection (a) and, in the case of a fee time share interest covered by an uncertified fee time share interest certificate of title, in subsection (b), and to the following:

(1) The estates, mortgages, liens, charges, instruments, documents, and papers:

(A) Noted on the certificate of title recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter, in the case of land other than a fee time share interest;

(B) Noted on the certified fee time share interest certificate of title, in the case of a fee time share interest for which the assistant registrar issued a certified fee time share interest certificate of title; or

(C) Noted or deemed to be noted on the uncertified fee time share interest certificate of title, in the case of all other fee time share interests;

(2) Liens, claims, or rights arising or existing under the laws or Constitution of the United States, which the statutes of this State cannot require to appear of record in the registry; provided that notices of liens for internal revenue taxes payable to the United States, and certificates affecting the liens, shall be deemed to fall within this paragraph only if the same are recorded in the bureau of conveyances as provided by chapter 505;

(3) Unpaid real property taxes assessed against the land and improvements covered by the certificate of title for the deregistered land, with interest, penalties, and other additions to the tax, which, unless a notice is filed and registered as provided by county real property tax ordinance, shall be for the period of three years from and after the date on which the lien attached, and if proceedings for the enforcement or foreclosure of the tax lien are brought within the period, until the termination of the proceedings or the completion of the tax sale;

(4) State tax liens, if the same are recorded in the bureau of conveyances as provided by section 231-33;

(5) Any public highway, or any private way laid out under the provisions of law, when the certificate of title does not state that the boundary of the way has been determined;

(6) Any lease, coupled with occupancy, for a term not exceeding one year; provided that the priority of the unrecorded lease shall attach only at the date of the commencement of the unrecorded lease and expire one year from the date or sooner if so expressed;

(7) Any liability to assessments for betterments, or statutory liability that may attach to land as a lien prior to or independent of, the recording or registering of any paper of the possibility of a lien for labor or material furnished in the improvement of the land; provided that the priority of any liability and the lien therefor (other than for labor and material furnished in the improvement of the land, which shall be governed by section 507-43) shall cease and terminate three years after the liability first accrues unless notice thereof, signed by the officer charged with collection of the assessments or liability, setting forth the amount claimed, the date of accrual, and the land affected, is recorded in the bureau of conveyances pursuant to chapter 502 within the three-year period; and provided further that if there are easements or other rights, appurtenant to a parcel of deregistered land, which for any reason have failed to be deregistered, the easements or rights shall remain so appurtenant notwithstanding the failure, and shall be held to pass with the deregistered land until cut off or extinguished in any lawful manner;

(8) The possibility of reversal or vacation of the decree of registration upon appeal;

(9) Any encumbrance not required to be registered as provided in sections 501-241 to 501-248 and relating to a leasehold time share interest or leasehold interest in deregistered land; and

(10) 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 chapter 576D.

(e) For purposes of this section, an encumbrance shall be deemed sufficiently noted on a certificate of title if the notation:

(1) References a document by name or number that contains an encumbrance; and

(2) Indicates that the referenced document contains an encumbrance to which the deregistered land is subject.

(f) All instruments, documents, and papers: noted on a certificate of title recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter (in the case of land other than a fee time share interest); noted on a certified fee time share interest certificate of title; or noted or deemed to be noted on an uncertified fee time share interest certificate [of] title, shall have the same force and effect as if they had been recorded in the bureau of conveyances pursuant to chapter 502 as of the date, hour, and minute of reception noted on the certificate of title pursuant to section 501-107 or otherwise entered or required to be entered in the record of the assistant registrar pursuant to section 501-107; provided that:

(1) No instrument, document, or paper shall have any greater or other effect after the certificate of title is recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter, as constructive notice or otherwise, than it had or acquired at the time it was registered pursuant to this chapter or made; and

(2) Nothing in this part shall be construed as giving any greater or other effect, as constructive notice or otherwise, to any instrument, document, or paper recorded in the bureau of conveyances pursuant to chapter 502 prior to the date and time of deregistration of any registered land, than was provided by the laws of this State (including this chapter and other laws regarding registered land) in effect at the time the instrument, document, or paper was recorded.

(g) If a certificate of title for:

(1) Land other than a fee time share interest recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter;

(2) A fee time share interest certified by the assistant registrar; or

(3) A fee time share interest that has not been certified by the assistant registrar,

relates to more than one fee time share interest or more than one interest in other deregistered land, then subsections (a) to (d) shall apply to each interest separately and only those items described in subsections (a) to (d) that encumbered a particular interest as of the date and time of deregistration of that interest will continue to encumber that interest after the date and time of deregistration. [L 2009, c 120, pt of §2, §21; am L 2012, c 121, §6; am L 2013, c 119, §§8, 11; am L 2016, c 215, §6]
Haw. Rev. Stat. § 514B-66 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-66
Cease and desist orders.
Status: in_force

In addition to its authority under sections 514B‑67 and 514B‑68, whenever the commission has reason to believe that any person is violating or has violated this part, part V, section 514B‑103, 514B‑132, 514B‑134, 514B‑149, sections 514B‑152 to 514B‑154, section 514B‑154.5, or the rules of the commission adopted pursuant thereto, it may issue and serve upon the person a complaint stating its charges in that respect and containing a notice of a hearing at a stated place and upon a day at least thirty days after the service of the complaint. The person served has the right to appear at the place and time specified and show cause why an order should not be entered by the commission requiring the person to cease and desist from the violation of the law or rules charged in the complaint. If the commission finds that this chapter or the rules of the commission have been or are being violated, it shall make a report in writing stating its findings as to the facts and shall issue and cause to be served on the person an order requiring the person to cease and desist from the violations. The person, within thirty days after service upon the person of the report or order, may obtain a review thereof in the appropriate circuit court.
Haw. Rev. Stat. § 516-102 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-102
Revenue bonds; payment and security.
Status: in_force

(a) The revenue bonds shall be payable from and secured by the revenues derived from the benefits of the acquisition loan programs for which the revenue bonds are issued, including:

(1) Any payment made for eligible loans or other agreements entered into for the acquisition loan programs;

(2) Revenues derived from insurance proceeds;

(3) Reserve accounts and earnings thereon; and

(4) Revenues resulting from loans to mortgage lenders or from the payment on account of principal of and interest on loans purchased from mortgage lenders.

(b) The corporation may pledge any revenue derived from the acquisition loan programs financed from the proceeds of the revenue bonds to the punctual payment of the principal, interest, and redemption premiums, if any, on the revenue bonds.

(c) The revenue bonds additionally may be secured by the pledge or assignment of the loans and other agreements or any note or other undertaking, obligation, or property held by the corporation or any mortgage lender or its agent to secure the loans.

(d) Any pledge made by the corporation shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the corporation from and after the time that a financing statement with respect to the revenues, moneys, or property so pledged and thereafter received shall be filed with the bureau of conveyances. Upon such filing, the revenues, moneys, or property so pledged and thereafter received by the corporation immediately shall be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be prior to the lien of all parties having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether such parties have notice thereof. [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. § 516-69 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-69
Sale of fee by lessor.
Status: in_force

No fee owner of any residential lot under lease shall sell the leased fee interest to the lot to any third party unless the fee owner has first given a written thirty-day notice to the lessee and the corporation of such intention.
Haw. Rev. Stat. § 521-54 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-54
Tenant to use and occupy.
Status: in_force

The landlord may require, in the rental agreement, that the tenant must notify the landlord of any anticipated extended absence from the dwelling unit no later than the first day of such absence.
Haw. Rev. Stat. § 501-140 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-140
Indorsement of and notices to plaintiff's attorney.
Status: in_force

The name and address of the plaintiff's attorney shall in all cases be indorsed upon the writ, where an attachment is made. The attorney is deemed to be the attorney of the plaintiff until written notice that the attorney has ceased to be such is filed for registration by the plaintiff.
Haw. Rev. Stat. § 514B-3 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-3
Definitions.
Status: reserved

As used in this chapter and in the declaration and bylaws, unless specifically provided otherwise or required by the context:

"Affiliate of a developer" means a person that directly or indirectly controls, is controlled by, or is under common control with, the developer.

"Association" means the unit owners' association organized under section 514B-102 or under prior condominium property regime statutes.

"Board" or "board of directors" means the body, regardless of name, designated in the declaration or bylaws to act on behalf of the association.

"Commission" means the real estate commission of the State.

"Common elements" means:

(1) All portions of a condominium other than the units; and

(2) Any other interests in real estate for the benefit of unit owners that are subject to the declaration.

"Common expenses" means expenditures made by, or financial liabilities of, the association for operation of the property, and shall include any allocations to reserves.

"Common interest" means the percentage of undivided interest in the common elements appurtenant to each unit, as expressed in the declaration, and any specified percentage of the common interest means such percentage of the undivided interests in the aggregate.

"Common profits" means the balance of all income, rents, profits, and revenues from the common elements or other property owned by the association remaining after the deduction of the common expenses.

"Completion of construction" means the earliest of:

(1) The issuance of a certificate of occupancy for the unit;

(2) The date of completion for the project, or the phase of the project that includes the unit, as defined in section 507-43;

(3) The recordation of the "as built" amendment to the declaration that includes the unit;

(4) The issuance of the architect's certificate of substantial completion for the project, or the phase of the project that includes the unit; or

(5) The date the unit is completed so as to permit normal occupancy .

"Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

"Condominium map" means, however denominated, a map or plan of the condominium property regime containing the information required by section 514B‑33.

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

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

"Developer" means a person who undertakes to develop a real estate condominium project, including a person who succeeds to the interest of the developer by acquiring a controlling interest in the developer or in the project .

"Development rights" means any right or combination of rights reserved by a developer in the declaration to:

(1) Add real estate to a condominium;

(2) Create units, common elements, or limited common elements within a condominium;

(3) Subdivide units, combine units, or convert units into common elements;

(4) Withdraw real estate from a condominium;

(5) Merge projects or increments of a project; or

(6) Otherwise alter the condominium.

"Government money market fund" means any money market fund that invests 99.5 per cent or more of its total assets in cash, the obligations of the United States government, the State of Hawaii, or their respective agencies or repurchase agreements that are collateralized by United States government securities or cash.

"Limited common element" means a portion of the common elements designated by the declaration or by operation of section 514B ‑35 for the exclusive use of one or more but fewer than all of the units.

"Majority" or "majority of the unit owners" means the owners of units to which are appurtenant more than fifty per cent of the common interests. Any specified percentage of the unit owners means the owners of units to which are appurtenant such percentage of the common interest.

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

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

"Material change" as used in parts IV and V of this chapter means any change that directly, substantially, and adversely affects the use or value of:

(1) A purchaser's unit or appurtenant limited common elements; or

(2) Those amenities of the project available for the purchaser's use.

"Material fact" means any fact, defect, or condition, past or present, that, to a reasonable person, would be expected to measurably affect the value of the project, unit, or property being offered or proposed to be offered for sale.

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

"Person" means an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof.

"Pertinent change" means, as determined by the commission, a change not previously disclosed in the most recent public report that renders the information contained in the public report or in any disclosure statement inaccurate, including, but not limited to:

(1) The size, construction materials, location, or permitted use of a unit or its appurtenant limited common element;

(2) The size, use, location, or construction materials of the common elements of the project; or

(3) The c ommon interest appurtenant to the unit.

A pertinent change does not necessarily constitute a material change.

"Project" means a real estate condominium project; a plan or project whereby a condominium of two or more units located within the condominium property regime are created.

"Property" means the land, whether or not contiguous and including more than one parcel of land, but located within the same vicinity, the building or buildings, all improvements and all structures thereon, and all easements, rights, and appurtenances intended for use in connection with the condominium, which have been or are intended to be submitted to the regime established by this chapter. "Property" includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water.

"Record", "recordation", "recorded", or "recording" means to record in the bureau of conveyances in accordance with chapter 502, or to register in the land court in accordance with chapter 501.

"Resident manager" means any person retained as an employee by the association to manage, on-site, the operation of the property.

"Structures" includes but is not limited to buildings.

"Time share unit" means the actual and promised accommodations, and related facilities, that are the subject of a time share plan as defined in chapter 514E.

"Unit" means a physical or spatial portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described in the declaration or pursuant to section 514B ‑35, with an exit to a public road or to a common element leading to a public road.

"Unit owner" means the person owning, or the persons owning jointly or in common, a unit and its appurtenant common interest; provided that to such extent and for such purposes as provided by recorded lease, including the exercise of voting rights, a lessee of a unit shall be deemed to be the unit owner. [L 2004, c 164, pt of §2; am L 2005, c 93, § §1, 7; am L 2006, c 273, §3; am L 2014, c 189, §2; am L 2019, c 27, § 1]
Haw. Rev. Stat. § 516-73 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-73
Suggested form of standardized summary of lease provisions.
Status: in_force

A standardized summary of lease provisions executed pursuant to section 516-71 of this chapter may, but need not, be substantially in the following form:

STANDARDIZED SUMMARY OF LEASE PROVISIONS

This receipt dated _______________, between ________________

________________________________________ (the "buyer"), and

________________________________________ (the "seller"),

tax map key no. ( ) / / / (the "property").

Lessor: _______________________________________________________

Sublessor: ____________________________________________________

Lease Expiration: ____________ Surrender Clause: (yes or none)

Lease Rent: $__________ per __________ until __________

$__________ per __________ until __________

$__________ per __________ until __________

Renegotiation Dates: __________________________________________

Renegotiation Terms: __________________________________________

________________________________________________________________

I understand the information above is a summary of the terms of the lease and that for more detailed information I should read the lease.

I understand that the subject property is leasehold property and I will acquire the right to occupy and use the leased real property for the time stated in the lease agreement. I will not acquire outright or absolute ownership of the land or fee simple ownership. The land is owned by lessor or the leased fee owner, to whom I, the lessee, will agree to make lease rent payments and comply with the terms of the lease or be subject to the lessor's enforcement actions. The lease rent payments are usually fixed for specific amounts at fixed periods of time, then subject to renegotiation. Renegotiation may be based on formula or arbitration set in the lease agreement or by law or by agreement between the lessor and lessee. THE RENEGOTIATED LEASE RENTS MAY INCREASE SIGNIFICANTLY. AT THE END OF THE LEASE, I MAY HAVE TO SURRENDER THE PROPERTY (SURRENDER CLAUSE) AND THE LAND BACK TO THE LESSOR WITHOUT ANY COMPENSATION.

I understand when leasehold property is acquired, title is normally conveyed by means of an assignment of lease, whose purpose is similar to that of a deed. The legal and practical effect is different because the assignment conveys only the rights and obligations created by the lease to the property, not the property itself.

I UNDERSTAND THAT IF I HAVE ANY LEGAL QUESTIONS ABOUT LEASEHOLD PROPERTY, ABOUT THE LEASE DOCUMENTS, ABOUT THE TERMS OF THE LEASE, AND ITS CONSEQUENCES, I SHOULD SEEK THE ADVICE OF AN ATTORNEY.

[ ] I HAVE READ AND UNDERSTAND THE PROVISIONS OF THE LEASE DOCUMENTS RECEIVED, AND ACCEPT THE TERMS OF THE LEASE.

[ ] I DO NOT ACCEPT THE TERMS OF THE LEASE AND CANCEL THE ACCEPTANCE CONTRACT (DROA).

______________________________ _______________________________

Buyer's signature Buyer's signature

Date: ________________, ____AM/PM
Haw. Rev. Stat. § 514B-41 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-41
Common profits and expenses.
Status: reserved

(a) The common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners, including the developer, in proportion to the common interest appurtenant to their respective units, except as otherwise provided in the declaration or bylaws. In a mixed-use project containing units for both residential and nonresidential use, the charges and distributions may be apportioned in a fair and equitable manner as set forth in the declaration. Except as otherwise provided in subsection (c) or the declaration or bylaws, all limited common element costs and expenses, including but not limited to maintenance, repair, replacement, additions, and improvements, including capital improvements financed by commercial property assessed financing pursuant to section 196-64.5, shall be charged to the owner or owners of the unit or units to which the limited common element is appurtenant in an equitable manner as set forth in the declaration.

(b) A unit owner, including the developer, shall become obligated for the payment of the share of the common expenses allocated to the owner's unit at the time the certificate of occupancy relating to the owner's unit is issued by the appropriate county agency; provided that a developer may assume all the actual common expenses in a project by stating in the developer's public report required by section 514B‑54 that the unit owner shall not be obligated for the payment of the owner's share of the common expenses until such time as the developer sends the owners written notice that, after a specified date, the unit owners shall be obligated to pay for the portion of common expenses that is allocated to their respective units. The developer shall mail the written notice to the owners, the association, and the managing agent, if any, at least thirty days before the specified date.

(c) Unless otherwise provided in the declaration or bylaws, if the board reasonably determines that the extra cost incurred to separately account for and charge for the costs of maintenance, repair, or replacement of limited common elements is not justified, the board may adopt a resolution determining that certain limited common element expenses will be assessed in accordance with the undivided common interest appurtenant to each unit. In reaching its determination, the board shall consider:

(1) The amount at issue;

(2) The difficulty of segregating the costs;

(3) The number of units to which similar limited common elements are appurtenant;

(4) The apparent difference between separate assessment and assessment based on the undivided common interest; and

(5) Any other relevant factors, as determined by the board.

The resolution shall be final and binding in the absence of a determination that the board abused its discretion.

(d) Unless made pursuant to rights reserved in the declaration and disclosed in the developer's public report, if an association amends its declaration or bylaws to change the use of the condominium property regime from residential to nonresidential, all direct and indirect costs attributable to the newly permitted nonresidential use shall be charged only to the unit owners using or directly benefiting from the new nonresidential use, in a fair and equitable manner as set forth in the amendment to the declaration or bylaws. [L 2005, c 93, pt of §2; am L 2024, c 41, §7]
Haw. Rev. Stat. § 502-3 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-3
Deputy registrar, appointment, duties.
Status: in_force

The registrar, under the direction of the board of land and natural resources, shall appoint a deputy, for whose official acts the registrar shall be responsible, and whose appointment the registrar shall announce by public notice. The deputy shall act as registrar of conveyances, during the absence of the registrar, or in case of a vacancy in that office. [CC 1859, §1252; am L 1903, c 5, §1; RL 1925, §3126; RL 1935, §5112; RL 1945, §12712; am L 1951, c 47, §2; RL 1955, §343-3; am L 1963, c 107, §1(b); HRS §502-3; gen ch 1985; am L 1998, c 2, §103]
Haw. Rev. Stat. § 510-4 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-4
Control of wife's separate property.
Status: in_force

The wife has the same right to manage, control, dispose of, and otherwise deal with her separate property as would be applicable with respect to her property generally were it not for the enactment of this chapter.
Haw. Rev. Stat. § 501-89 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-89
Indexes, record books, etc.
Status: in_force

The registrar, under the direction of the court, shall make and keep indexes of all applications and of all decrees of registration, and shall also index and classify all papers and instruments filed in the registrar's office relating to applications and to registered titles. The registrar shall also, under the direction of the court, cause forms of indexes and registration and entry books to be prepared for the use of the assistant registrar in the bureau of conveyances.

The court shall prepare and adopt convenient forms of certificates of title, and shall also adopt general forms of memoranda to be used by the assistant registrar in registering the common forms of conveyance, and other instruments, to express briefly their effect. [L 1903, c 56, §49; RL 1925, §3238; RL 1935, §5048; RL 1945, §12648; RL 1955, §342-49; HRS §501-89; gen ch 1985]
Haw. Rev. Stat. § 517E-1 — HI Code / Division 3 / Title 28 / Chapter 517E / Section 517E-1
Short title.
Status: in_force

This chapter may be cited as the Uniform Prudent Management of Institutional Funds Act.
Haw. Rev. Stat. § 501-103 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-103
Conveyances of less than fee simple.
Status: in_force

No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple from the owner or one of the registered owners. Except as provided in sections 501-241 to 501-248, all interests in registered land less than an estate in fee simple shall contain a reference to the document number of the interest acquired and shall be registered by recording with the assistant registrar the instrument creating or transferring or claiming such interest, and by a brief memorandum thereof made by the assistant registrar upon the certificate of title, and signed by the assistant registrar. Except as provided in sections 501-241 to 501-248, the cancellation or extinguishment of such interests shall be recorded in the same manner.

Revision Note

"Sections 501-241 to 501-248" substituted for "chapter 501, part ".
Haw. Rev. Stat. § 508D-21 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-21
Failure to disclose or record a burial or archaeological site; penalty.
Status: in_force

There shall be imposed by a court of competent jurisdiction a fine of $1,000 on any private landowner who fails to disclose and record with the bureau of conveyances, or in documents used to offer real property for sale, burial or archaeological sites located on the landowner's property that the landowner knew of or should have known of. All fines collected under this section shall be deposited into the Hawaii historic preservation special fund established under section 6E-16.
Haw. Rev. Stat. § 514E-31 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-31
Private right of action.
Status: in_force

Nothing in this chapter shall be construed to preclude a person aggrieved by a violation of this chapter from filing an action in court for civil damages. A violation of this chapter shall be deemed a cause of action for the purpose of the court action.
Haw. Rev. Stat. § 527 — HI Code / Division 3 / Title 28 / Chapter 527 / Section 527
‑10] Notice, delivery, acceptance, consideration not required.
Status: in_force

[§527‑10] Notice, delivery, acceptance, consideration not required. A transfer on death deed shall be effective without notice or delivery to or acceptance by the designated beneficiary during the transferor's life, and without consideration.[§527‑ 15] Liability for creditor claims and statutory allowances. (a) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against the subject property transferred at the transferor's death by a transfer on death deed.

(b) If more than one property is transferred by one or more transfer on death deeds, the liability under subsection (a) shall be apportioned among the subject properties in proportion to their respective net values at the time of the transferor's death.

(c) A proceeding to enforce liability under this section shall be commenced not later than eighteen months after the transferor's death. [L 2011, c 173, pt of §1][§527‑3] Applicability. This chapter applies to a transfer on death deed executed at any time by a transferor who dies on or after July 1, 2011.[§527‑4] Nonexclusivity. This chapter does not affect any method of transferring property otherwise permitted under the laws of this State.[§527‑7] Transfer on death deed nontestamentary. A transfer on death deed is nontestamentary.[§527‑5] Transfer on death deed authorized. An individual may transfer property, effective at the transferor's death, to one or more beneficiaries by a transfer on death deed; provided that, with respect to property of which any portion is registered in the land court, transfer is subject to the requirement in section 527‑13(a)(1) regarding submittal of a petition to the land court.[§527‑8] Capacity of transferor. The capacity required to execute or revoke a transfer on death deed is the same as the capacity required to execute a will.[§527‑6] Transfer on death deed revocable. A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.[§527‑ 13] Effect of transfer on death deed at transferor's death. (a) Except as otherwise provided in the transfer on death deed, this section, or sections 560:2-202, 560:2-603, 560:2-702, 560:2-706, 560:2-707, 560:2-803, and 560:2-804, on the death of the transferor, the following shall apply to the subject property owned by the transferor at death:

(1) Subject to paragraph (2), the interest in the subject property shall be transferred to the designated beneficiary in accordance with the deed; provided that, for property of which any portion is registered in the land court pursuant to chapter 501, a petition noting the death of the transferor and requesting that a new certificate of title be issued in the name of the designated beneficiary shall be filed and processed with the land court before the interest in the subject property is transferred;

(2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor and the interest of a designated beneficiary that fails to survive the transferor shall lapse;

(3) Subject to paragraph (4), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship; and

(4) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the subject property, any share that lapses or fails for any reason shall be transferred to the other beneficiaries in proportion to the interest of each in the remaining concurrently-held subject property.

(b) Pursuant to the filing requirements of chapter 501 or the recording provisions of [chapter] 502, as applicable, a beneficiary shall take the subject property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the subject property is subject at the transferor's death. For purposes of this subsection and the filing provisions of chapter 501 or the recording provisions of chapter 502, the filing or recording of the transfer on death deed is deemed to have occurred at the transferor's death.

(c) If a transferor is a joint owner and is survived by one or more other joint owners, the subject property shall belong to the surviving joint owner or owners with the right of survivorship and the transfer on death deed shall have no effect. If a transferor is a joint owner and is the last surviving joint owner, the transfer on death deed shall be effective.

(d) A transfer on death deed transfers the subject property without covenant or warranty of title even if the transfer on death deed contains a contrary provision. [L 2011, c 173, pt of §1][§527‑ 12] Effect of transfer on death deed during transferor's life. During a transferor's life, a transfer on death deed shall not:

(1) Affect an interest or right in the subject property of the transferor or any other owner, including the right to transfer or encumber the subject property;

(2) Affect an interest or right in the subject property of a transferee, regardless of whether the transferee has actual or constructive notice of the deed;

(3) Affect an interest or right in the subject property of a secured or unsecured creditor or future creditor of the transferor regardless of whether the creditor has actual or constructive notice of the deed;

(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;

(5) Create a legal or equitable interest in the subject property in favor of the designated beneficiary; or

(6) Subject the subject property to claims or process of a creditor of the designated beneficiary. [L 2011, c 173, pt of §1][§527‑ 17] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, P.L. 106-229, title 15 United States Code chapter 96, but does not modify, limit, or supersede title 15 United States Code, section 7001(c), or authorize electronic delivery of any of the notices described in title 15 United States Code, section 7003(b).This Act may be cited as the Uniform Real Property Transfer on Death Act.[§527‑16] Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact similar uniform legislation.[§527‑ 11] Revocation by instrument authorized; revocation by act not permitted. (a) Subject to subsection (b), an instrument is effective to revoke all or any part of a recorded or filed transfer on death deed only if the instrument is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and is recorded in the bureau of conveyances or filed in the office of the assistant registrar of the land court, as applicable, before the transferor's death and is:

(1) A subsequently recorded or filed transfer on death deed that revokes all or a part of the recorded or filed transfer on death deed either expressly or because of inconsistency;

(2) An instrument of revocation that expressly revokes all or a part of the recorded or filed transfer on death deed; or

(3) An inter vivos deed that expressly revokes all or a part of the transfer on death deed.

(b) If a transfer on death deed is executed by more than one transferor:

(1) Revocation by one transferor does not affect the deed as to the interest of another transferor; and

(2) A deed executed by joint owners is revoked only if it is revoked by all living joint owners.

(c) After a transfer on death deed is recorded or filed, as applicable, it may not be revoked by a revocatory act on the deed. For purposes of this subsection, "revocatory act" includes burning, tearing, canceling, obliterating, or destroying the transfer on death deed or any part of it.

(d) This section shall not limit the effect of an inter vivos transfer of the subject property. [L 2011, c 173, pt of §1][§527‑ 9] Requirements. A transfer on death deed:

(1) Except as otherwise provided in paragraph (2), shall contain the essential elements and formalities of a properly recordable inter vivos deed;

(2) Shall state that the transfer to the beneficiary is to occur at the transferor's death; and

(3) Shall be recorded with the bureau of conveyances or filed in the office of the assistant registrar of the land court, as applicable, before the transferor's death. [L 2011, c 173, pt of §1][§527‑2] Definitions. As used in this chapter:

"Beneficiary" means a person that receives property under a transfer on death deed.

"Designated beneficiary" means a person designated in a transfer on death deed to receive property.

"Joint owner" means an individual who owns property concurrently with one or more individuals with a right of survivorship. The term includes a joint tenant and a tenant by the entirety but does not include a tenant in common.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

"Property" means an interest in real property located in this State that is transferable on the death of the owner.

"Subject property" means real property or an interest in real property that is subject to a transfer on death deed.

"Transfer on death deed" means a deed authorized under this chapter.

"Transferor" means an individual who executes a transfer on death deed. [L 2011, c 173, pt of §1][§527‑14] Disclaimer. A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter 526, the Uniform Disclaimer of Property Interests Act.
Haw. Rev. Stat. § 514B-109 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-109
Restatement of declaration and bylaws.
Status: in_force

(a) Notwithstanding any other provision of this chapter or of any other statute or instrument, an association at any time may restate the declaration or bylaws of the association to set forth all amendments thereto by a resolution adopted by the board.

(b) Subject to section 514B‑23, an association at any time may restate the declaration or bylaws of the association to amend the declaration or bylaws as may be required in order to conform with the provisions of this chapter or of any other statute, ordinance, or rule enacted by any governmental authority, or to correct the percentage of common interest for the project so it totals one hundred per cent, by a resolution adopted by the board. If the restated declaration is to correct the percentage of common interest for the project so that it totals one hundred per cent, the proportion of each unit owner's percentage of common interest shall remain the same in relation to the other unit owners. The restated declaration or bylaws shall be as fully effective for all purposes as if adopted by a vote or written consent of the unit owners.

Any declaration or bylaws restated pursuant to this subsection shall:

(1) Identify each portion so restated;

(2) Contain a statement that those portions have been restated solely for purposes of information and convenience;

(3) Identify the statute, ordinance, or rule implemented by the amendment; and

(4) Contain a statement that, in the event of any conflict, the restated declaration or bylaws shall be subordinate to the cited statute, ordinance, or rule.

(c) Upon the adoption of a resolution pursuant to subsection (a) or (b), the restated declaration or bylaws shall set forth all of the operative provisions of the declaration or bylaws, as amended, together with a statement that the restated declaration or bylaws correctly sets forth without change the corresponding provisions of the declaration or bylaws, as amended, and that the restated declaration or bylaws supersede the original declaration or bylaws and all prior amendments thereto. If the restated declaration corrects the percentage of common interest as provided in subsection (b), the restated declaration shall also amend the recorded conveyance instruments that govern the unit owner's interest in the unit.

(d) The restated declaration or bylaws must be recorded and, upon recordation, shall supersede the original declaration or bylaws and all prior amendments thereto. In the event of any conflict, the restated declaration or bylaws shall be subordinate to the original declaration or bylaws and all prior amendments thereto. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §19]
Haw. Rev. Stat. § 501-244 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-244
Assignment of leasehold time share interest.
Status: in_force

Any instrument which first assigns or otherwise conveys a leasehold time share interest shall refer to the land court document number of the apartment lease or the most recent assignment of the whole thereof, whichever is later. Any subsequent instrument of assignment or conveyance shall refer to the book and page or bureau of conveyances document number of the prior instrument of assignment or conveyance for the leasehold time share interest acquired.
Haw. Rev. Stat. § 514B-136 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-136
] Transfer of developer rights.
Status: reserved

(a) A developer right created or reserved under this chapter may be transferred only by a recorded instrument evidencing the transfer. The instrument is not effective unless executed by the transferee.

(b) Upon transfer of any developer right, the liability of a transferor developer is as follows:

(1) A transferor is not relieved of any obligation or liability arising before the transfer, and remains liable for warranty obligations imposed upon the transferor by this chapter, if any. Lack of privity does not deprive any unit owner of standing to maintain an action to enforce any obligation of the transferor;

(2) If a successor to any developer right is an affiliate of a developer, the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the condominium;

(3) If a transferor retains any developer rights, but transfers other developer rights to a successor who is not an affiliate of the developer, the transferor is liable for any obligations or liabilities imposed on a developer by this chapter or by the declaration relating to the retained developer rights and arising after the transfer; and

(4) A transferor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from the exercise of a developer right by a successor developer who is not an affiliate of the transferor.

(c) Unless otherwise provided in a mortgage instrument or other agreement creating a security interest, in case of foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under bankruptcy code or receivership proceedings, of any units owned by a developer or real estate in a condominium subject to development rights, a person acquiring title to all the property being foreclosed or sold, but only upon request, succeeds to all developer rights related to that property held by that developer. The judgment or instrument conveying title must provide for the transfer of only the developer rights requested.

(d) Upon foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under bankruptcy code or receivership proceedings, of all interests in a condominium owned by a developer:

(1) The developer ceases to have any developer rights; and

(2) The period of developer control under section 514B‑106(d) terminates unless the judgment or instrument conveying title provides for transfer of all developer rights held by that developer to a successor developer.

(e) The liabilities and obligations of a person who succeeds to developer rights are as follows:

(1) A successor to any developer right who is an affiliate of a developer is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration;

(2) A successor to any developer right, other than a successor described in paragraph (3) or (4) or a successor who is an affiliate of a developer, is subject to the obligations and liabilities imposed by this chapter or the declaration:

(A) On a developer which relate to the successor's exercise or nonexercise of developer rights; or

(B) On the transferor, other than:

(i) Misrepresentations by any previous developer;

(ii) Warranty obligations on improvements made by any previous developer, or made before the condominium was created;

(iii) Breach of any fiduciary obligation by any previous developer or the developer's appointees to the board; or

(iv) Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer;

(3) A successor to only a right reserved in the declaration to maintain models, sales offices, and signs, and who may not exercise any other developer right, is not subject to any liability or obligation as a developer, except the obligation to provide a public report, any liability arising as a result thereof, and the obligations under part IV; and

(4) A successor to all developer rights held by a transferor who succeeded to those rights pursuant to a deed or other instrument of conveyance in lieu of foreclosure or a judgment or instrument conveying title under subsection (c), may declare in a recorded instrument the intention to hold those rights solely for transfer to another person. Thereafter, until transferring all developer rights to any person acquiring title to any unit or real estate subject to development rights owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by the transferor to control the board in accordance with section 514B‑ 106(d) for the duration of any period of developer control, and any attempted exercise of those rights is void. So long as a successor developer may not exercise developer rights under this subsection, the successor developer is not subject to any liability or obligation as a developer other than liability for the developer's acts and omissions under section 514B‑ 106(d).

(f) Nothing in this section subjects any successor to a developer right to any claims against or other obligations of a transferor developer, other than claims and obligations arising under this chapter or the declaration. [L 2004, c 164, pt of §2; am L 2005, c 93, §7 ]
Haw. Rev. Stat. § 508C-13 — HI Code / Division 3 / Title 28 / Chapter 508C / Section 508C-13
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq.; provided that it shall not modify, limit, or supersede section 101 of that Act, 15 U.S.C. section 7001 (a), or authorize electronic delivery of any of the notices described in section 103 of that Act, 15 U.S.C. section 7003(b).
Haw. Rev. Stat. § 514E-26 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-26
Termination of a trust.
Status: in_force

(a) In the case of a time share use plan, the trust for the time share units shall be irrevocable during the time that any owner of a time share interest has a right to the occupancy of a time share unit, except as provided in subsection (c).

(b) In a time share ownership plan, the trust for a time share unit shall be irrevocable until all blanket liens are extinguished, except as provided in subsection (c).

(c) The developer may elect to terminate the use of a trust for a time share unit if, at a later date[:]

(1) The trustee records a notice of time share plan after the recording of either:

(A) Nondisturbance agreements executed by every lienholder who has a blanket lien against the time share unit, or

(B) The director's acceptance of a surety bond or irrevocable letter of credit for that unit; or

(2) The director approves alternative arrangements [that] permit the termination of the trust. [L 1982, c 186, §14]
Haw. Rev. Stat. § 516-161 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-161
Eligible loan funding program.
Status: in_force

(a) The corporation may make or contract directly with mortgage lenders to fund eligible loans.

(b) The contract may contain provisions as determined by the corporation to be necessary or appropriate to provide security for its revenue bonds. [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. § 521-4 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-4
Construction against implicit repeal.
Status: repealed

This chapter being a general law intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Haw. Rev. Stat. § 507-42 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-42
When allowed; lessees, etc.
Status: in_force

Any person or association of persons furnishing labor or material in the improvement of real property shall have a lien upon the improvement as well as upon the interest of the owner of the improvement in the real property upon which the same is situated, or for the benefit of which the same was constructed, for the price agreed to be paid (if the price does not exceed the value of the labor and materials), or if the price exceeds the value thereof or if no price is agreed upon by the contracting parties, for the fair and reasonable value of all labor and materials covered by their contract, express or implied.

Where the terms of a lease, contract of sale, or instrument creating a life tenancy require the improvement of the real property, the interest of the lessor, vendor, or remainderman in the improvement and the land upon which the same is situated shall likewise be subject to the lien, and any provision for forfeiture or other penalty against the lessee, vendee, or life tenant in case of the filing of a mechanic's or materialman's lien or actions to enforce the same, shall not affect the rights of lienors. [L 1888, c 21, §1; RL 1925, §2891; am L 1929, c 207, §1; am L 1933, c 143, §1; RL 1935, §4365; RL 1945, §8769; am L 1949, c 241, §2; am L Sp 1949, c 28, §1; RL 1955, §193-41; HRS §507-42]
Haw. Rev. Stat. § 501-73 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-73
Removing clouds on title.
Status: in_force

The court may remove clouds on titles and may find and decree in whom the title or any interest, legal or equitable, in land is vested, whether in the applicant or in any other person.
Haw. Rev. Stat. § 502-74 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-74
Penalty for not keeping.
Status: in_force

Any of the officers to take acknowledgments who fails to keep the record directed by section 502-71, or upon failure to deposit the same with a clerk of a court of record as directed, shall be fined not less than $50 nor more than $250, which may be recovered of such officer, or the officer's personal representatives.
Haw. Rev. Stat. § 526-9 — HI Code / Division 3 / Title 28 / Chapter 526 / Section 526-9
Disclaimer of power of appointment or other power not held in fiduciary capacity.
Status: in_force

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:

(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective. [L 2000, c 43, pt of §1]
Haw. Rev. Stat. § 516-72 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-72
Civil penalty.
Status: in_force

Failure to furnish disclosures substantially complying with the requirements of section 516-71 shall entitle the buyer to the recovery of a civil penalty of $1,000 in any proceeding at law brought within one year of the violation and the violator shall be liable further for the actual damages of the buyer, if any, reasonable attorneys' fees and court costs.
Haw. Rev. Stat. § 514C-22 — HI Code / Division 3 / Title 28 / Chapter 514C / Section 514C-22
Power of association of owners to negotiate, purchase, and sell lessor's interest.
Status: in_force

(a) The association under chapter 514B may purchase the lessor's interest in the condominium project; provided that the declaration of condominium property regime shall either contain or be amended to include a provision authorizing the board of directors to effectuate such a purchase. If the lessor is also a condominium unit lessee, the lessor's lessee interest shall be disregarded in the computation of the percentage of condominium unit lessees needed to achieve the vote or written consent required to amend the declaration of condominium property regime.

(b) If the association of owners is authorized to purchase the lessor's interest pursuant to this section, the following powers, in addition to any other existing powers, shall be conferred upon the association:

(1) To purchase or otherwise acquire, own, improve, use, and deal in and with the lessor's interest in the leased fee interest appurtenant to the various condominium units in the condominium project and in the various apartment, unit, and ground leases including but not limited to the interest of any sublessor or any or all undivided interests therein;

(2) To incur liabilities, borrow money, and secure any of its obligations by mortgage or pledge of all or any portion of its property, assessments, and funds to effectuate acquisition of the lessor's interest;

(3) To assess, except as provided in subsection (d), as a common expense, the expenses incurred in acquiring and holding the leased fee interest, and to service any debt associated therewith; and

(4) To sell the leased fee interest in a condominium unit and acquired from the lessor by the association of owners, to the then condominium unit lessee or subsequent purchaser of such unit; provided that if the lessee or subsequent purchaser declines to purchase the leased fee interest, the leased fee interest may be sold to other persons so long as reasonable disclosure is made of the association's intent to sell the leased fee interest to such other persons, and the disclosure includes a statement that the lessees may have no legal remedy if they subsequently wish to purchase the leased fee interest and the other persons refuse to sell or will sell only at a price unacceptable to the lessees.

(c) No condominium unit lessee shall be compelled to purchase the leased fee interest in such condominium unit and acquired from the lessor by the association of owners, but may instead pay lease rent to the association together with the lessee's share of the common expenses incurred in acquiring the leased fee interest in the condominium units in the project including any debt associated therewith.

(d) If some, but not all, lessees have purchased the leased fee interest in their condominium units directly from the lessor (other than purchases by the lessor or the association of owners), the association may undertake the purchase of all or any part of the leased fee interest in the remaining leasehold condominium units in the project in accordance with subsection (b); provided that:

(1) Sixty-seven per cent of the remaining lessees approve an amendment to the declaration authorizing the purchase of the leased fee interest by the association consistent with the requirements of this section;

(2) All costs and expenses and all proceeds and benefits of acquiring and holding the leased fee interest and to service any debt associated therewith shall be separately assessed or credited to the condominium units of the remaining lessees in the same ratio that the common interest appurtenant to each remaining lessees' apartment or unit bears to the total common interest appurtenant to all of the remaining lessees' condominium units;

(3) The association of owners shall sell the leased fee interest in a condominium unit only to the lessee of the condominium unit or to the permitted assigns or successors of the lessee; provided that if the lessee or the lessee's permitted assigns or successors decline to purchase the leased fee interest, the leased fee interest may be sold to other persons so long as reasonable disclosure is made of the association's intent to sell the leased fee interest to the other persons and the disclosure includes a statement that the lessees may have no legal remedy if they subsequently wish to purchase the leased fee interest and the other persons refuse to sell or will sell only at a price unacceptable to the lessees; and

(4) The association of owners, through its board of directors in the exercise of its authority, may decide not to accept an offer from the lessor to sell all of the remaining portion of the lessor's interest to the association on the basis that the purchase is not financially feasible or is otherwise not in the best interests of the association. In that event, the board shall adopt a resolution containing written findings as to its reasons for not accepting the offer and shall distribute the resolution to the remaining lessees.

(e) If the association of owners acquires all of the remaining portion of the lessor's interest in accordance with subsection (d), any debt associated therewith shall be secured only by the interests so acquired and by the common expense assessments upon the condominium units of the remaining lessees.

(f) For purposes of this section:

"Condominium unit" has the same meaning as the term "unit" as defined in section 514B-3.

"Remaining lessees" means the lessees of condominium units in a condominium project who have not purchased the leased fee interest in their condominium units as of the effective date of the amendment referred to in subsection (d)(1). [L 1999, c 241, pt of §2; am L 2002, c 199, §2; am L 2004, c 164, §20; am L 2006, c 273, §31; am L 2008, c 28, §14; am L 2017, c 181, §32]

Revision Note

In subsection (f), definitions rearranged pursuant to §23G-15.
Haw. Rev. Stat. § 521-45 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-45
Limitation of landlord and management liability.
Status: in_force

(a) Unless otherwise agreed, a landlord who conveys premises which include a dwelling unit subject to a rental agreement in a good faith sale to a person not connected with the landlord discloses, in writing, in any form of contract for the sale of such premises is relieved of liability under the rental agreement and under this chapter as to events occurring subsequent to the conveyance.

(b) The new owner who purchases the premises referred to in subsection (a) is liable under the rental agreement and under this chapter.

(c) Unless otherwise agreed, a person who is a manager of premises which include a dwelling unit subject to a rental agreement is relieved of liability under the rental agreement and under this chapter as to events occurring subsequent to the termination of the person's management. [L 1972, c 132, pt of §1; am L 1976, c 90, §3; gen ch 1985]
Haw. Rev. Stat. § 507-44 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-44
Record in circuit courts.
Status: in_force

The clerks at the circuit courts shall keep in their respective offices a book called "Notice of completion record" in which shall be entered a memorandum of each notice of completion filed and the date of filing, arranged alphabetically in the names of the owners. There shall also be kept a "mechanics' lien record" in which a memorandum of each Application and Notice filed shall be entered, arranged alphabetically in the names of the claimants and showing the amount of the lien or claim, the date of filing the Application and Notice, the date of the entry of the Order Directing Lien To Attach, the date of withdrawal, discharge or cancellation of the Application and Notice or of a lien which has been directed to attach, and any other matters deemed necessary.
Haw. Rev. Stat. § 514E-10.2 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-10.2
Limited permit.
Status: in_force

(a) Notwithstanding any other provision of this chapter, the director may issue a limited permit to a developer permitting the offer or sale, in this State, of an additional interest in a time share plan to an existing purchaser in the same time share plan; provided that:

(1) The developer or an affiliated entity of the developer has a time share plan currently registered with the director; provided that the registration was originally approved or amended within seven years from the date of the offer or disposition, and the registration has not been terminated or withdrawn;

(2) The developer has not, during the two-year period preceding the time of the offer, had a time share registration suspended, restricted, or revoked in any state or been convicted of an offense involving fraud or dishonesty. In the event the developer satisfies the requirement of paragraph (1) above through an affiliated entity, the developer has not, during the twenty-year period preceding the time of the offer, had a time share registration suspended, restricted, or revoked in any state or been convicted of an offense involving fraud or dishonesty;

(3) In satisfaction of the disclosure requirements of section 514E-9, the purchaser is provided the time share disclosure documents the purchaser would have received if the purchase had occurred in the state or jurisdiction where the purchaser initially purchased the time share interest;

(4) The contract for purchase signed by the purchaser includes a notice that is the same as or similar to the rescission notice required pursuant to section 514E-9(a)(7); provided that the rescission period shall be at least seven days;

(5) All funds and any negotiable instruments received during the seven-day rescission period shall be placed in an escrow account in the State. The escrow agent shall be a bank, savings and loan association, or trust company authorized to do business in the State under an escrow arrangement or a corporation licensed as an escrow depository under chapter 449. The funds or negotiable instruments may be released from escrow; provided that the release is in accordance with section 514E-17 or 514E-18. Any escrow account established for any out-of-state time share plan offered under this subsection may be maintained in the state where the time share plan is located after the seven-day rescission period has expired; provided that the escrow agent submits to personal jurisdiction in this State;

(6) The contract for purchase shall contain the following statement in conspicuous type:

"THIS TIME SHARE PLAN HAS NOT BEEN REVIEWED OR APPROVED BY THE STATE OF HAWAII BECAUSE YOU ALREADY OWN AN INTEREST IN THIS TIME SHARE PLAN AND BECAUSE (DEVELOPER OR AFFILIATE'S NAME) HAS A TIME SHARE PLAN CURRENTLY REGISTERED WITH THE STATE OF HAWAII (INCLUDE REGISTRATION #). (IF APPLICABLE) (AFFILIATE) IS AN AFFILIATED ENTITY OF THE SELLER AS THE TERM IS DEFINED IN CHAPTER 514E, HAWAII REVISED STATUTES."; and

(7) The offer complies with the provisions of sections 514E-11(2) to 514E-11(9), 514E-11(11) to 514E-11(13), and 514E-11.1.

(b) Except as provided in subsection (a), the offer or sale of an additional interest in a time share plan by a developer in accordance with subsection (a) shall not otherwise be subject to any other provisions of this chapter.

(c) Notwithstanding any other provision of this chapter, the director may issue a limited permit to a developer permitting the offer or sale by the developer, in this State, of a time share interest in a time share plan located outside of this State, but within the United States, to an individual who currently owns a time share interest that was purchased from that developer, or from an affiliated entity of that developer; provided that:

(1) The developer or an affiliated entity of the developer has a time share plan currently registered with the director; provided that the registration of the developer or an affiliated entity of the developer was originally approved or amended within seven years from the date of the offer or disposition and which registration has not been terminated or withdrawn;

(2) The developer has not, during the two-year period preceding the time of the offer, had a time share registration suspended, restricted, or revoked in any state or been convicted of an offense involving fraud or dishonesty. In the event the developer satisfies the requirement of paragraph (1) above through an affiliated entity, the developer has not, during the twenty-year period preceding the time of the offer, had a time share registration suspended, restricted, or revoked in any state or been convicted of an offense involving fraud or dishonesty;

(3) The developer shall provide the purchaser with all time share disclosure documents required to be provided to purchasers as if the offer occurred in the state where the time share plan is located;

(4) The contract for purchase shall include a notice that is the same as or similar to the rescission notice required pursuant to section 514E-9(a)(7); provided that the rescission period shall be at least seven days;

(5) In satisfaction of section 514E-16, all funds and any negotiable instruments received during the seven-day rescission period shall be placed in an escrow account in the State. The escrow agent shall be a bank, savings and loan association, or trust company authorized to do business in the State under an escrow arrangement or a corporation licensed as an escrow depository under chapter 449. The funds or negotiable instruments may be released from escrow; provided that the release is in accordance with section 514E-17 or 514E-18. Any escrow account established for any out-of-state time share plan offered under this subsection may be maintained in the state where the time share plan is located after the seven-day rescission period has expired; provided that the escrow agent submits to personal jurisdiction in this State;

(6) The developer shall provide the purchaser, in writing, either in the disclosure documents or otherwise, all of the following:

(A) A description of the type of time share plan offered, including the duration and operation of the time share plan;

(B) A description of the existing or proposed accommodations and amenities in the time share plan;

(C) A description of the method and timing for performing maintenance on the accommodations;

(D) If applicable, copies of the declaration, association articles of incorporation, association bylaws, and association rules and regulations; and

(E) The current annual budget for the time share plan;

(7) The time share plan being offered is registered in the state where the time share plan is located; or in the event registration of the time share plan is not required in the state where the time share plan is located, the time share plan being offered is in compliance with the applicable laws of that state; and

(8) The contract for purchase shall contain the following statement in conspicuous type:

"THIS TIME SHARE PLAN HAS NOT BEEN REVIEWED OR APPROVED BY THE STATE OF HAWAII BECAUSE YOU ALREADY OWN AN INTEREST IN A TIME SHARE PLAN THAT YOU PURCHASED FROM (DEVELOPER OR AFFILIATE'S NAME), AND HAS A TIME SHARE PLAN CURRENTLY REGISTERED WITH THE STATE OF HAWAII (INCLUDE REGISTRATION #). (IF APPLICABLE) (AFFILIATE) IS AN AFFILIATED ENTITY OF THE SELLER AS THAT TERM IS DEFINED IN CHAPTER 514E, HAWAII REVISED STATUTES. THE TIME SHARE INTEREST YOU ARE PURCHASING REQUIRES CERTAIN PROCEDURES TO BE FOLLOWED IN ORDER FOR YOU TO USE YOUR INTEREST. THESE PROCEDURES MAY BE DIFFERENT FROM THOSE FOLLOWED IN OTHER TIME SHARE PLANS. YOU SHOULD READ AND UNDERSTAND THESE PROCEDURES PRIOR TO PURCHASING."

(d) The offer or sale of an interest in a time share plan by a developer in accordance with subsection (c) above shall be exempt from the requirements of sections 514E-3, 514E-4, 514E-5, 514E-6, 514E-7, 514E-10.5, and 514E-14; the disclosure statement requirements of sections 514E-9 and 514E-11(1); and the registration requirements of section 514E-10.

(e) A developer offering a time share plan under this section shall file an application on a form as set forth in subsection (g), along with payment of a one-time fee of $1,000 per time share plan. Within ten days from receipt by the director of a completed application and fee, the director shall issue a limited permit to the developer reflecting that the filing has been accepted, and that the offering of the time share plan is permitted in accordance with the provisions of this section.

(f) If at any time the director determines that any requirement of this section has not been complied with, the developer shall be subject to any remedies set forth in section 514E-12.

(g) The application as described under subsection (e) shall be signed by an officer or principal of the developer, and shall contain the following information:

(1) The name and principal address of the developer;

(2) The name and address of the time share plan being offered;

(3) The name and address of the managing entity of the time share plan;

(4) The form of business entity of the developer; and

(5) The name, address, and telephone number of the officer or principal signing the notice on behalf of the developer.

(h) A limited permit issued under this section shall be renewed by December 31 of each year. The developer shall submit a renewal application on a form prescribed by the director along with the renewal fee of $50. The renewal application shall be deemed accepted upon receipt by the director of the renewal application and fee.

(i) For purposes of this section:

"Affiliated entity" means a person or other entity that, directly or indirectly through one or more intermediaries, is controlled by or under common control with the developer.

"Control", "controlled by", or "under common control with" means the possession of the power to direct or cause the direction of the management and policies of another person or entity, other than by commercial contract for goods or services. Control shall be presumed to exist if the developer has an ownership interest of at least fifty per cent in the other person or entity, or the developer has the same parent corporation as the other entity. [L 2008, c 181, §1]
Haw. Rev. Stat. § 523A-55 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-55
Agreement for State's payment of share of costs.
Status: in_force

The director is authorized to enter into agreements establishing the time and manner for paying the State's proportionate share of any actual and necessary cost incurred by the United States in examining its records and reporting information to the State. Said agreements may provide for single payments at stated times over a period of years. The director shall make all payments at the time and in the manner provided in said agreements.
Haw. Rev. Stat. § 514B-155 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-155
] Association as trustee.
Status: in_force

With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person shall not be bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, shall be fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person shall not be bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.