Haw. Rev. Stat. § 523A-20 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-20
Requests for reports and examination of records.
Status: in_force

(a) The administrator may require a person who has not filed a report, or a person who the administrator believes has filed an inaccurate, incomplete, or false report, to file a verified report in a form specified by the administrator. The report shall state whether the person is holding property reportable under this part, describe property not previously reported or as to which the administrator has made inquiry, and specifically identify and state the amounts of property that may be in issue.

(b) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this part. The administrator may conduct the examination even if the person believes it is not in possession of any property that must be reported, paid, or delivered under this part. The administrator may contract with any other person to conduct the examination on behalf of the administrator.

(c) The administrator at reasonable times may examine the records of an agent, including a dividend disbursing agent or transfer agent, of a business association or financial [organization] that is the holder of property presumed abandoned if the administrator has given the notice required by subsection (b) to both the association or organization and the agent at least ninety days before the examination.

(d) Documents and working papers obtained or compiled by the administrator, or the administrator's agents, employees, or designated representatives, in the course of conducting an examination are confidential and are not public records; provided that the documents and papers may be:

(1) Used by the administrator in the course of an action to collect unclaimed property or otherwise enforce this part;

(2) Used in joint examinations conducted with or pursuant to an agreement with another state, the federal government, or any other governmental subdivision, agency, or instrumentality;

(3) Produced pursuant to subpoena or court order; or

(4) Disclosed to the abandoned property office of another state for that state's use in circumstances equivalent to those described in this subsection, if the other state is bound to keep the documents and papers confidential.

(e) If an examination of the records of a person results in the disclosure of property reportable under this part, the administrator may assess the cost of the examination against the holder at the rate of $200 a day for each examiner, or a greater amount that is reasonable and was incurred, but the assessment may not exceed the value of the property found to be reportable. The cost of an examination made pursuant to subsection (c) may be assessed only against the business association or financial organization.

(f) If, after July 1, 2009, a holder does not maintain the records required by section 523A-21 and the records of the holder available for the periods subject to this part are insufficient to permit the preparation of a report, the administrator may require the holder to report and pay to the administrator the amount the administrator reasonably estimates, on the basis of any available records of the holder or by any other reasonable method of estimation, should have been but was not reported. [L 2008, c 55, pt of §1]

Revision Note

"July 1, 2009" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 516 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516
‑204] University of Hawaii at Manoa.
Status: in_force

[§516‑204] University of Hawaii at Manoa. The legislature identifies the creation of a sustainable affordable development by or on land owned by or set aside to the University of Hawaii at Manoa to be a matter of statewide concern because of the built-up nature of the surrounding community. The University of Hawaii at Manoa shall not create a sustainable affordable development by entering into any sustainable affordable lease or by authorizing any land owned by or set aside to the University of Hawaii at Manoa to be demised under a sustainable affordable lease prior to enactment of a law specifically authorizing the University of Hawaii at Manoa to enter into a sustainable affordable lease or to demise any land owned by or set aside to the University of Hawaii at Manoa under a sustainable affordable lease.[§516‑203] Recordkeeping. A lessor of a sustainable affordable development shall maintain during the term of all sustainable affordable leases records regarding income levels and other qualifications of buyers of sustainable affordable leases at the time of purchase.
Haw. Rev. Stat. § 502-18 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-18
Description; lot subdivisions.
Status: in_force

A metes and bounds description of the exterior boundaries of the parcel or parcels of land sought to be registered as a file plan shall be written upon the plan, or printed or typewritten on unruled good quality white paper 11 inches long by 8 1/2 inches wide and shall be filed in duplicate with the file plan. The metes and bounds description shall be dated and signed by the licensed professional surveyor making the field survey, or under whose supervision the field survey was executed. If the land sought to be registered as a file plan is being deregistered pursuant to part II of chapter 501, the metes and bounds description shall be dated and signed by the licensed professional surveyor making the file plan, or under whose supervision the file plan was made. The boundaries of the land platted shall be described as running from left to right (clockwise) and the azimuth system shall be used in designating the courses of the survey with zero or 360 degrees at due South; 90 degrees at due West; 180 degrees at due North; 270 degrees at due East. Any printed or typewritten description filed separately with the file plan shall be recorded in the registry system and the book and page thereof noted on the file plan. Expense of recordation shall be charged to the owner. The initial point in the description shall clearly show the connection with the government triangulation system. All outside corners of the tract shall be substantially marked by monuments in the ground, where practicable; unless the land is being deregistered pursuant to part II of chapter 501. In all cases where tracts of land are subdivided into lots, with the intention of conveying separate lots by lot number and reference to the plat, it is necessary to show the true azimuths and lengths of all principal lines and the lot areas. A sufficient number of durable monuments shall be placed in the ground so as to accurately identify each lot, unless the land is being deregistered pursuant to part II of chapter 501. Any lands being deregistered pursuant to part II of chapter 501 shall not subdivide or consolidate when registering as a file plan, and only contiguous parcels shall be shown on the same plan.
Haw. Rev. Stat. § 501-248 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-248
Jurisdiction for matters pertaining to leasehold time share interests.
Status: in_force

The land court shall have jurisdiction over all matters relating to instruments required by this part to be registered pursuant to this chapter. Where any party is in doubt as to whether an instrument must be registered, the question shall be referred to the land court for decision; and the court, after notice to all parties and a hearing, shall enter an order determining the question. Except as expressly otherwise provided in this section, nothing in this part shall deprive the land court of exclusive jurisdiction pursuant to section 501-101 over registered land, or any interest therein, which is prior or superior to the interest of the lessee of a leasehold time share interest. The circuit court shall have jurisdiction, pursuant to section [603-21.5(a)(3)], over:

(1) All matters relating to instruments required by this part to be recorded pursuant to chapter 502;

(2) All other matters pertaining to a leasehold time share interest (except those in which jurisdiction is vested in the land court pursuant to this section); and

(3) All matters as to which jurisdiction would otherwise lie in the land court in part and in the circuit court in part. [L 1998, c 219, pt of §1]
Haw. Rev. Stat. § 514B-73 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-73
Condominium education trust fund; management.
Status: in_force

(a) The sums received by the commission for deposit in the condominium education trust fund pursuant to section 514B-72 shall be held by the commission in trust for carrying out the purpose of the fund.

(b) The commission and the director of commerce and consumer affairs may use moneys in the condominium education trust fund collected pursuant to section 514B-72, and the rules of the commission to employ necessary personnel not subject to chapter 76 for additional staff support, to provide office space, and to purchase equipment, furniture, and supplies required by the commission to carry out its responsibilities under this part.

(c) The moneys in the condominium education trust fund collected pursuant to section 514B-72, and the rules of the commission may be invested and reinvested together with the real estate education fund established under section 467-19 in the same manner as are the funds of the employees' retirement system of the State. The interest and earnings from these investments shall be deposited to the credit of the condominium education trust fund.

(d) The commission shall annually submit to the legislature, no later than twenty days prior to the convening of each regular session:

(1) A summary of the programs funded during the prior fiscal year and the amount of money in the fund, including a statement of which programs were directed specifically at the education of condominium owners; and

(2) A copy of the budget for the current fiscal year, including summary information on programs that were funded or are to be funded and the target audience for each program. The budget shall include a line item reflecting the total amount collected from condominium associations. [L 2005, c 93, pt of §3; am L 2009, c 129, §11; am L 2017, c 181, §29]
Haw. Rev. Stat. § 501-172 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-172
License to sell or mortgage, not affected.
Status: in_force

Nothing in this chapter shall in any way affect or impair the jurisdiction of a circuit court to license a guardian to sell, mortgage, or convey registered land for any purpose for which a license may be granted in the case of unregistered land. The purchaser or mortgagee taking a deed executed in pursuance of a license is entitled to a new certificate of title, or memorandum of registration, on presenting the purchaser's or mortgagee's deed to the assistant registrar.
Haw. Rev. Stat. § 516-125 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-125
Acquisition loan programs; evidence of eligible loan.
Status: in_force

(a) Each mortgage lender who participates in any acquisition loan program shall submit evidence, as deemed satisfactory by the corporation, that eligible loans have been made from the proceeds of the revenue bonds.

(b) The corporation may inspect the books and records of the mortgage lenders as may be necessary for this section. [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. § 514B-138 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-138
Upkeep of condominium; high-risk components.
Status: in_force

(a) The board, after notice to all unit owners and an opportunity for owner comment, may determine that certain portions of the units, or certain objects or appliances within the units such as washing machine hoses and water heaters, pose a particular risk of damage to other units or the common elements if they are not properly inspected, maintained, repaired, or replaced by owners. Those items determined by the board to pose a particular risk are "high-risk components" for the purposes of this section.

(b) With regard to items designated as high-risk components, the board may require any or all of the following:

(1) Inspection:

(A) At specified intervals; or

(B) Upon replacement or repair by the association or by inspectors designated by the association;

(2) Replacement or repair at specified intervals whether or not the component is deteriorated or defective; and

(3) Replacement or repair:

(A) Meeting particular standards or specifications established by the board;

(B) Including additional components or installations specified by the board; or

(C) Using contractors with specific licensing, training, or certification approved by the board.

(c) The imposition of requirements by the board under subsection (b) shall not relieve unit owners of obligations regarding high-risk components as set forth in the declaration or bylaws including, without limitation, the obligation to maintain, repair, and replace the components.

(d) If a unit owner fails to follow requirements imposed by the board pursuant to this section, the association, after reasonable notice, may enter the unit to perform the requirements with regard to such high-risk components at the sole cost and expense of the unit owner, which costs and expenses shall be a lien on the unit as provided in section 514B‑146. Nothing in this section shall be deemed to limit the remedies of the association for damages, or injunctive relief, or both. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §23]
Haw. Rev. Stat. § 508C-2 — HI Code / Division 3 / Title 28 / Chapter 508C / Section 508C-2
Definitions.
Status: in_force

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

"Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.

"Agency" means the department of health or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.

"Common interest community" means a condominium property regime, cooperative, planned community association, or other community with respect to which a person, by virtue of the person's ownership of a parcel of real property within the community is obligated to pay property taxes or insurance premiums, or fees for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community.

"Department" means the department of health.

"Director" means the director of health.

"Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.

"Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:

(1) Under a federal or state program governing environmental remediation of real property, including chapter 128D;

(2) Incident to closure of a solid or hazardous waste management unit; provided that the closure is conducted with approval of an agency; or

(3) Under the state voluntary response program authorized in part II of chapter 128D.

"Holder" means a grantee of an environmental covenant as specified in section 508C‑3(a) who, by virtue of the covenant, holds an interest in the real property subject to the covenant, and who accepts certain rights and obligations as stated in the covenant.

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

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

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. [L 2006, c 279, pt of §2]
Haw. Rev. Stat. § 521-63 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-63
Tenant's remedy of termination at any time; unlawful removal or exclusion.
Status: in_force

(a) If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant's bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landlord does not remedy the situation within one week, terminate the rental agreement. The notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of any occupant. The tenant may not terminate for a condition caused by the want of due care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.

(b) If the condition referred to in subsection (a) was caused wilfully or negligently by the landlord, the tenant may recover any damages sustained as a result of the condition.

(c) If the landlord removes or excludes the tenant from the premises overnight without cause or without court order so authorizing, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to two months rent or free occupancy for two months, and the cost of suit, including reasonable attorney's fees. If the rental agreement is terminated, the landlord shall comply with section 521-44(c). The court may also order any injunctive or other equitable relief it deems proper. If the court determines that the removal or exclusion by the landlord was with cause or was authorized by court order, the court may award the landlord the cost of suit, including reasonable attorney's fees if the attorney is not a salaried employee of the landlord or the landlord's assignee. [L 1972, c 132, pt of §1; am L 1981, c 235, §2; gen ch 1985]
Haw. Rev. Stat. § 514B-84 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-84
Developer's public report; special types of condominiums.
Status: in_force

(a) In addition to the information required by section 514B‑83, the developer's public report for a project containing any existing structures being converted to condominium status shall contain:

(1) Regarding units that may be occupied for residential use and that have been in existence for five years or more:

(A) A statement by the developer, based upon a report prepared by a Hawaii-licensed architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the units;

(B) A statement by the developer of the expected useful life of each item reported on in subparagraph (A) or a statement that no representations are made in that regard; and

(C) A list of any outstanding notices of uncured violations of building code or other county regulations, together with the estimated cost of curing these violations;

(2) Regarding all projects containing converted structures, a verified statement signed by an appropriate county official that:

(A) The structures are in compliance with all zoning and building ordinances and codes applicable to the project at the time it was built, and specifying, if applicable:

(i) Any variances or other permits that have been granted to achieve compliance;

(ii) Whether the project contains any legal nonconforming uses or structures as a result of the adoption or amendment of any ordinances or codes; and

(iii) Any violations of current zoning or building ordinances or codes and the conditions required to bring the structure into compliance; or

(B) Based on the available information, the county official cannot make a determination with respect to the matters described in subparagraph (A); and

(3) Other disclosures and information that the commission may require.

(b) In addition to the information required by section 514B‑83, the developer's public report for a project in the agricultural district pursuant to chapter 205 shall disclose:

(1) Whether the structures and uses anticipated by the developer's promotional plan for the project are in compliance with all applicable state and county land use laws and with chapter 205, including section 205-4.6 where applicable;

(2) Whether the structures and uses anticipated by the developer's promotional plan for the project are in compliance with all applicable county real property tax laws, and the penalties for noncompliance; and

(3) Other disclosures and information that the commission may require.

(c) In addition to the information required by section 514B‑83, the developer's public report for a project containing any assisted living facility units regulated or to be regulated pursuant to rules adopted under section 321‑11(10) shall disclose:

(1) Any licensing requirements and the impact of the requirements on the costs, operations, management, and governance of the project;

(2) The nature and scope of services to be provided;

(3) Additional costs, directly attributable to the services, to be included in the association's common expenses;

(4) The duration of the provision of the services;

(5) Any other information the developer deems appropriate to describe the possible impacts on the project resulting from the provision of the services; and

(6) Other disclosures and information that the commission may require. [L 2005, c 93, pt of §4; am L 2014, c 49, §9]
Haw. Rev. Stat. § 521-62 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-62
Tenant's remedy of termination at beginning of term.
Status: in_force

If the landlord fails to conform to the rental agreement, or is in material noncompliance with section 521-42(a), the tenant may, on notice to the landlord, terminate the rental agreement and vacate the dwelling unit at any time during the first week of occupancy. The tenant shall retain such right to terminate beyond the first week of occupancy so long as the tenant remains in possession in reliance on a promise, whether written or oral, by the landlord to correct all or any part of the condition which would justify termination by the tenant under this section.
Haw. Rev. Stat. § 521-55 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-55
Tenant's responsibility to inform landlord.
Status: in_force

Any defective condition of the premises which comes to the tenant's attention, which the tenant has reason to believe is unknown to the landlord, and which the tenant has reason to believe is the duty of the landlord or of another tenant to repair, shall be reported by the tenant to the landlord as soon as practicable.
Haw. Rev. Stat. § 516-3 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-3
No estoppel or waiver.
Status: in_force

The rights granted to lessees by this chapter shall be effective, notwithstanding any provision in any lease or contract to the contrary. No lessee shall be estopped by any covenant, term, condition, or contract, however worded, from claiming the rights granted to the lessee or otherwise be deemed to have waived such right. Any provision in any lease or contract contrary to the intent or purpose of this chapter is void.
Haw. Rev. Stat. § 517-1 — HI Code / Division 3 / Title 28 / Chapter 517 / Section 517-1
Court approval of disposition of property under restraint.
Status: in_force

Notwithstanding any limitation in any instrument creating any estate or trust, whether or not eleemosynary or incorporated, and whether or not in effect prior to April 24, 1957, which forbids or restrains the sale of real property of such estate or trust or which limits the terms of lease of such property to periods less than fifty-five years, the trustees or officers of the estate or trust, with the approval of the court, may sell the real property of the estate or trust or may lease the same for periods up to fifty-five years whether or not the lease shall extend beyond the expiration date of the estate or trust.
Haw. Rev. Stat. § 501-6 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-6
Registrar and assistants; appointment, tenure, powers, and duties.
Status: in_force

The judge of the court shall appoint a registrar and such assistants as may be allowed by law. The registrar or an assistant shall attend the sessions of the court and keep a docket of all causes, and shall affix the seal of the court to all processes or papers proceeding therefrom, and requiring a seal.
Haw. Rev. Stat. § 516-30 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-30
Purchase of leased fee interest.
Status: in_force

The lessee of a residential lot within a development tract, whether the lessee was a lessee at the time of the acquisition or became a lessee after the acquisition of the development tract, who has applied to the corporation and has qualified for purchase of the leased fee interest shall purchase from the Hawaii housing finance and development corporation by contract within sixty days of acquisition of the interest by the corporation, the leased fee interest to the lot, subject to the terms, covenants, and conditions of the contract executed with the corporation; provided that the lessee is not then in default in the performance of the lessee's obligations under the lease; and further provided that should any of the lessees fail or refuse to enter into such a contract, then in such event, each such lessee shall pay to the corporation the lessee's pro rata share of all direct costs incurred by the corporation in the acquisition of the houselots within the development tract including but not limited to appraisal costs, costs of publication, and survey, and the corporation is authorized to take whatever action it deems necessary to collect such costs; and provided further that in case of a wilful breach of the purchase agreement the corporation shall be entitled to any available remedy, including the sale of its interest in the houselot; and further provided that the sales price shall be at the lowest possible price consistent with section 516-32 and the purpose of this chapter.
Haw. Rev. Stat. § 515-4 — HI Code / Division 3 / Title 28 / Chapter 515 / Section 515-4
Exemptions.
Status: in_force

(a) Section 515-3 does not apply:

(1) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the owner or lessor resides in one of the housing accommodations; or

(2) To the rental of a room or up to four rooms in a housing accommodation by an owner or lessor if the owner or lessor resides in the housing accommodation.

(b) Nothing in section 515-3 shall be deemed to prohibit refusal because of sex, including gender identity or expression, sexual orientation, or marital status, to rent or lease housing accommodations:

(1) Owned or operated by a religious institution and used for church purposes as that term is used in applying exemptions for real property taxes; or

(2) That are part of a religiously affiliated institution of higher education housing program that is operated on property that the institution owns or controls or that is operated for its students pursuant to Title IX of the Education Amendments of 1972, P.L. 92-318.

(c) Nothing in this chapter regarding familial status or age shall apply to housing for older persons as defined by title 42 United States Code section 3607(b)(2). [L 1967, c 193, §4; HRS §515-4; gen ch 1985; am L 1990, c 275, §4; am L 1992, c 171, §4; am L 1993, c 140, §1; am L 2005, c 214, §4; am L 2011, c 31, §3; am L 2019, c 111, §36]
Haw. Rev. Stat. § 516-181 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-181
Interest acquired.
Status: in_force

(a) Upon acquisition of the leased fee interest in a residential houselot from the proceeds of an eligible loan, the property interest acquired shall be all of the right, title, and interest of the fee owner and all legal and equitable owners, if any, in and to the residential houselot acquired, subject to all covenants, conditions, easements, reservations, and restrictions of record running with the land or contained in the agreement of sale, deed, or other conveyance held by the fee owner and legal and equitable owners. The acquisition of a leased fee interest in a residential houselot from the proceeds of an eligible loan shall terminate all the right, title, and interest of the fee owner and all legal and equitable owners, whether the interest be a remainder, vested or contingent, a reversion, or other beneficial interest in the property, present or prospective.

(b) If the leasehold on property acquired from the proceeds of an eligible loan is subject to any mortgage, lien, or encumbrance suffered or permitted by the eligible borrower, including, but not limited to, rights arising through divorce, marriage, or assignment, the purchase of the leased fee interest in such residential houselot in no manner shall affect or impair the mortgage, lien, or encumbrance or the security afforded thereby to the holder thereof, and the leasehold shall continue, notwithstanding the purchase of the leased fee interest in such residential houselot by the eligible borrower, for the purposes and to the extent necessary to avoid any impairment of leasehold security, unless the holder of the mortgage, lien, or encumbrance on such leasehold and the corporation in writing shall consent to the transfer thereof to the fee. Upon the written consent by the holder thereof and the corporation, each such mortgage, lien, or encumbrance to which the leasehold is subject and to which such consent refers shall be transferred to and shall bind the fee acquired by the eligible borrower, and thereafter shall continue in full force and effect as a mortgage, lien, or encumbrance of the fee acquired by the eligible borrower, in the same order and priority among such mortgages, liens, and encumbrances so transferred to the fee as the same applied to and bound the eligible borrower's immediate, previous leased fee interest. [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. § 502-14 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-14
Entries where one transfers another's real estate; in partition cases.
Status: in_force

When an instrument, by which one person by authority of law transfers or conveys the real estate of another person, is left for record, the registrar shall enter in the registrar's entry book and grantor index both the name of the person making the transfer and conveyance and that of the person whose estate has been so transferred or conveyed, if the latter name appears in the instrument.

When a return of a commissioner appointed to make partition of real estate is left for record, the registrar shall enter in the entry book, and in both the grantor and grantee indexes, the names of all persons whose estates plainly appear to be affected by the return. [L 1905, c 4, §5; RL 1925, §3131; RL 1935, §5117; RL 1945, §12717; RL 1955, §343-8; HRS §502-14; gen ch 1985]
Haw. Rev. Stat. § 508C-1 — HI Code / Division 3 / Title 28 / Chapter 508C / Section 508C-1
Short title.
Status: in_force

This chapter may be cited as the Uniform Environmental Covenants Act.
Haw. Rev. Stat. § 516-9 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-9
Quitclaim deeds.
Status: in_force

Unless otherwise provided by law, the corporation shall issue quitclaim deeds and leases whenever it conveys, transfers, sells, or assigns any property developed, constructed, or sponsored under this chapter. In no instance shall the corporation be considered a guarantor or warrantor of the condition and quality of the property upon the issuance of any such quitclaim deed or lease.
Haw. Rev. Stat. § 502-63 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-63
Not recorded unless initialed.
Status: in_force

No instrument acknowledged in the State of Hawaii in which there are interlineations, erasures, or changes shall be recorded by the registrar, unless the same are duly initialed by the officer or officers taking the acknowledgment or acknowledgments to the same in the State of Hawaii.

No instrument acknowledged outside of the State of Hawaii in which there are interlineations, erasures, or changes shall be recorded by the registrar, unless the same are duly initialed by either:

(1) The parties to such instrument; or

(2) The officer or officers taking the acknowledgment or acknowledgments to the same. [L 1896, c 55, §3; RL 1925, §3162; RL 1935, §5148; RL 1945, §12748; RL 1955, §343-41; am L 1963, c 83, §5; HRS §502-63; am L 1992, c 197, §12]
Haw. Rev. Stat. § 515-13 — HI Code / Division 3 / Title 28 / Chapter 515 / Section 515-13
Remedies.
Status: in_force

(a) If the commission determines that the respondent has engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory practice and to take such affirmative actions as in the judgment of the commission will carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, the complainant, the attorney general, and to such other public officers and persons as the commission deems proper.

(b) Affirmative action ordered under this section may include, but is not limited to:

(1) Sale, exchange, lease, rental, assignment, or sublease of real property to an individual;

(2) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent;

(3) Reporting as to the manner of compliance;

(4) Posting notices in conspicuous places in the respondent's place of business in form prescribed by the commission and inclusion of such notices in advertising material;

(5) Cancellation, rescission, or revocation of a contract, deed, lease, or other instrument transferring real property, which is the subject of a complaint of a discriminatory practice, to a person who had actual knowledge or record notice, prior to the transfer or the execution of the legally binding obligation to make the transfer, that a determination of reasonable cause had been made with respect to the discriminatory practice;

(6) Payment to an injured party of profits obtained by the respondent through a violation of section 515-7, subject to the principles of equity;

(7) Payment to the complainant of damages for an injury caused by the discriminatory practice and costs, including a reasonable attorney's fee. Unless greater damages are proven, damages may be assessed at $500 for each violation.

(c) In the case of a respondent who is found by the commission to have engaged in a discriminatory practice in the course of performing under a contract or subcontract with the State or a county, or agency thereof, if the discriminatory practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of the officer's or agent's employment, the commission shall so certify to the contracting agency. Unless the commission's finding of a discriminatory practice is reversed in the course of judicial review, the finding of discrimination is binding on the contracting agency.

(d) Thirty days after an order is issued under this section, unless an appeal by the respondent is pending, the commission may publish or cause to be published the name of a person who has been determined to be engaged in a discriminatory practice. [L 1967, c 193, §13; HRS §515-13; am L 1972, c 107, §3(b); am L 1982, c 204, §8; gen ch 1985; am L 1989, c 386, §14]
Haw. Rev. Stat. § 501-159 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-159
Decree of discharge.
Status: in_force

Whenever proceedings in bankruptcy against a registered owner of which notice has been registered, are vacated, or when the court of bankruptcy orders a reconveyance of land to a bankrupt debtor, a certified copy of the order or decree may be filed or recorded and registered. If a new certificate has been entered to the trustee in bankruptcy, as registered owner, the debtor is entitled to the entry of a new certificate.
Haw. Rev. Stat. § 514B-8 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-8
] Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
Haw. Rev. Stat. § 521-38 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-38
Tenants subject to rental agreement; notice of conversions.
Status: in_force

When a period of tenancy is pursuant to any rental agreement and where a landlord contemplates conversion to a condominium property regime under chapter 514B, the landlord shall provide notice to the tenant at least one hundred twenty days in advance of the termination of the rental agreement.
Haw. Rev. Stat. § 515-1 — HI Code / Division 3 / Title 28 / Chapter 515 / Section 515-1
Construction.
Status: in_force

This chapter shall be construed according to the fair import of its terms and shall be liberally construed.
Haw. Rev. Stat. § 501-29 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-29
Land subject to mortgage or lease.
Status: in_force

When an application is made subject to an existing recorded mortgage, or to a recorded lease for a term exceeding one year, or when the registration is to be made subject to such a mortgage or lease executed after the time of the application and before the date of the transcription of the decree, the applicant shall, if required by the court, file a certified copy of the mortgage or lease, and shall cause the original, or, in the discretion of the court, a certified copy thereof, to be presented for registration before a decree of registration is entered.
Haw. Rev. Stat. § 514B-88 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-88
Delivery.
Status: in_force

In this part, delivery shall be made by:

(1) Personal delivery;

(2) Registered or certified mail with adequate postage to the recipient's address; provided that delivery shall be considered made three days after deposit in the mail or on any earlier date upon which the return receipt is signed;

(3) Facsimile transmission, if the recipient has provided a fax number to the sender; provided that delivery shall be considered made upon the sender's receipt of automatic confirmation of transmission;

(4) Electronic mail; or

(5) Any other way prescribed by the commission. [L 2005, c 93, pt of §4; am L 2024, c 44, §1]
Haw. Rev. Stat. § 510-11 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-11
Location of property affected.
Status: in_force

This part applies to personal property wherever situated acquired by a husband or wife while domiciled in the State and applies to the real property situated in the State of a husband or wife while domiciled therein. This part does not apply to any property wherever situated acquired by a husband or wife while not domiciled in the State.
Haw. Rev. Stat. § 501-107 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-107
Entry record; duplicates and certified copies.
Status: in_force

(a) The assistant registrar shall keep a record in which shall be entered all deeds and other voluntary instruments, and all copies of writs or other process filed or recorded with the assistant registrar relating to registered land. The assistant registrar shall note in the record the date of reception of all instruments. The instruments shall be stamped with the date, hour, and minute of reception and shall be regarded as registered from the date and time so noted, and the memorandum of each instrument when made on the certificate of title to which it refers shall bear the same date.

(b) Every deed or other instrument, whether voluntary or involuntary, so filed or recorded with the registrar or assistant registrar shall be numbered and indexed, and endorsed with a reference to the proper certificate of title. All records relating to registered land in the office of the registrar or of the assistant registrar shall be open to the public in the same manner as probate records are open, subject to reasonable regulations as the registrar, under the direction of the court, may make.

Certified copies of all instruments filed or recorded and registered may also be obtained at any time on payment of the assistant registrar's fees.

(c) Within ten days after the end of each week, the assistant registrar shall deliver or forward by mail or electronic transmission, without charge, an image and index of all deeds and other voluntary instruments, writs, or other process that have been filed or recorded with the assistant registrar during each week relating to registered land in all the counties, to the county designated to act as a central clearinghouse in a memorandum of understanding agreed upon by the counties. The central clearinghouse shall deliver the images and index to the other counties without charge. The index shall include the following for each instrument:

(1) Document number;

(2) Certificate number;

(3) Date of the filing;

(4) Type of document;

(5) Names of grantor and grantee;

(6) Current tax map key number; and

(7) Location of the real property by island. [L 1903, c 56, §56; RL 1925, §3245; RL 1935, §5055; RL 1945, §12655; am L 1955, c 89, §1; RL 1955, §342-56; HRS §501-107; gen ch 1985; am L 1986, c 246, §7; am L 1988, c 346, §26; am L 2009, c 197, §2]

Revision Note

Pursuant to §23G-15:

(1) Subsection designations added; and

(2) "Indorsed" changed to "endorsed".
Haw. Rev. Stat. § 514B-68 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-68
Power to enjoin.
Status: in_force

Whenever the commission believes from satisfactory evidence that any person 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 conduct an investigation of the matter and bring an action against the person in any court of competent jurisdiction on behalf of the State to enjoin the person from continuing the violation or doing any acts in furtherance thereof.
Haw. Rev. Stat. § 501-83.5 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-83.5
Outstanding owner's duplicate certificates.
Status: in_force

No owner's duplicate certificates of title shall be issued after June 14, 1988, whether the deed or other instrument upon which such would have been based was recorded before or after June 14, 1988. Whenever a duplicate has been issued and is still outstanding, it shall be deemed to have been surrendered and notwithstanding any other provision herein, the assistant registrar shall accept for filing any deed or other voluntary instruments without requiring the presentation of the outstanding duplicate certificate.
Haw. Rev. Stat. § 523A-10 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-10
Notice and publication of lists of abandoned property.
Status: in_force

(a) The administrator shall publish a notice not later than March 1 of the year next following the report required by section 523A-8 at least once statewide. The notice shall be in a form that, in the judgment of the administrator, is likely to attract the attention of the apparent owner of the unclaimed property. The form shall contain:

(1) The name of each person appearing to be the owner of the property, as set forth in the report filed by the holder;

(2) The last known address or location of each person appearing to be the owner of the property, if an address or location is set forth in the report filed by the holder;

(3) A statement explaining that property of the owner is presumed to be abandoned and has been taken into the protective custody of the administrator; and

(4) A statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.

(b) The notice shall be given by using one or more of the following methods:

(1) Posting on the State of Hawaii, department of budget and finance internet website;

(2) Publication in a daily or weekly publication of statewide circulation; or

(3) Any other method the administrator deems effective for publicizing the notice.

(c) The administrator shall not be required to advertise the name and address or location of an owner of property having a total value less than $100, or information concerning a traveler's check, money order, or similar instrument. [L 2008, c 55, pt of §1]
Haw. Rev. Stat. § 525-6 — HI Code / Division 3 / Title 28 / Chapter 525 / Section 525-6
Short title.
Status: in_force

This chapter may be cited as the "Uniform Statutory Rule Against Perpetuities".
Haw. Rev. Stat. § 512-3 — HI Code / Division 3 / Title 28 / Chapter 512 / Section 512-3
Method of release herein not exclusive.
Status: in_force

No one of the means or methods provided in this chapter for the release of a power is exclusive of any other means or method provided in this chapter or otherwise available for the purpose, and the means and methods provided in this chapter are in addition to all other means and methods available to a donee for the release of a power in whole or in part. Nothing in this chapter shall prevent or render ineffective the release in any lawful manner of any power.
Haw. Rev. Stat. § 505-2 — HI Code / Division 3 / Title 28 / Chapter 505 / Section 505-2
Index of liens.
Status: in_force

When a notice of such tax lien is recorded, the registrar shall forthwith cause the same to be indexed in the general indexes of the bureau of conveyances.
Haw. Rev. Stat. § 516-123 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-123
Acquisition loan programs; self supporting.
Status: in_force

The interest rate, fees, charges, premiums, and other terms of the loans made under the acquisition loan programs shall be at least sufficient to pay the cost of administering and maintaining the portion of the specific acquisition loan programs for which the revenue bonds have been issued, and to assure payment of the principal of and interest on the revenue bonds as they become due.
Haw. Rev. Stat. § 523A-62 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-62
Request for delivery or payment of unclaimed property described in judgment; receipts.
Status: in_force

The director of finance shall request delivery or payment of all unclaimed property described in the judgment declaring the right of the State to receive custody of such property. The request shall be accompanied by a certified copy of said judgment and shall be directed to such officer, agency, or department of the United States as may have custody, possession or control of such property. The director shall furnish receipts for all property delivered or paid.
Haw. Rev. Stat. § 526-5 — HI Code / Division 3 / Title 28 / Chapter 526 / Section 526-5
Power to disclaim; general requirements; when irrevocable.
Status: in_force

(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

(b) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

(c) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in section 526-12. In this subsection, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.

(e) A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 526-12 or when it becomes effective as provided in sections 526-6 through 526-11, whichever occurs later.

(f) A disclaimer made under this chapter is not a transfer, assignment, or release. [L 2000, c 43, pt of §1]
Haw. Rev. Stat. § 526-6 — HI Code / Division 3 / Title 28 / Chapter 526 / Section 526-6
Disclaimer of interest in property.
Status: in_force

(a) In this section:

"Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.

"Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.

(b) Except for a disclaimer governed by section 526-7 or 526-8, the following rules apply to a disclaimer of an interest in property:

(1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.

(2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.

(3) If the instrument does not contain a provision described in paragraph (2), the following rules apply:

(A) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. However, if, by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.

(B) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.

(4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment. [L 2000, c 43, pt of §1; am L 2019, c 111, §37]
Haw. Rev. Stat. § 521-3 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-3
Supplementary general principles of law, other laws, applicable.
Status: in_force

(a) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law relative to capacity to contract, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.

(b) Every legal right, remedy, and obligation arising out of a rental agreement not provided for in this chapter shall be regulated and determined under chapter 666, and in the case of conflict between any provision of this chapter and a provision of chapter 666, this chapter shall control.

(c) Nothing in this chapter shall be applied to interfere with any right, obligation, duty, requirement, or remedy of a landlord or tenant which is established as a condition or requirement of any program receiving subsidy from the government of the United States. To the extent that any provision of this chapter is inconsistent with such a federal condition or requirement then as to such subsidized project the federal condition or requirement shall control.

(d) An association under chapter 514B shall have standing to initiate and prosecute a summary proceeding for possession against a tenant residing in the condominium project who repeatedly violates the association's governing documents or the rights of other occupants to quiet enjoyment and whose landlord refuses to act; provided that in such cases, the landlord shall be named as an additional party defendant. [L 1972, c 132, pt of §1; am L 2004, c 164, §3; am L 2008, c 28, §24; am L 2017, c 181, §36]
Haw. Rev. Stat. § 507-3 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-3
Excess returned to owner.
Status: in_force

Any excess over the amount due, and costs of sale and advertising realized from the sale, shall be paid to the owner of the animals sold.
Haw. Rev. Stat. § 501-32 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-32
Reference to examiner; report; election to proceed.
Status: in_force

Immediately after the filing of an application the court shall enter an order referring it to one of the examiners of title, who shall search the records and investigate all facts stated in the application, or otherwise brought to the examiner's notice, and file in the case a report thereon, concluding with a certificate of the examiner's opinion upon the title. The registrar shall give notice to the applicant of the filing of the report. If the opinion of the examiner is adverse to the applicant the applicant shall be allowed by the court a reasonable time in which to elect to proceed further or to withdraw the applicant's application. The election shall be made in writing and filed with the registrar.
Haw. Rev. Stat. § 507-48 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-48
Owner may retain amount due.
Status: in_force

Whenever the work or material for which a lien is filed is furnished to any contractor for use as set forth in section 507-42, the owner may retain from the amount payable to the contractor sufficient to cover the amount due or to become due to the person or persons who filed the lien.
Haw. Rev. Stat. § 501-132 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-132
Powers to be noted on certificate; construction for court.
Status: in_force

If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage, or deal with the land in any manner, the power shall be stated in the certificate of title by the words "with power to sell" or "with power to mortgage", and by apt words of description in case of other powers.

No instrument transferring, mortgaging, or in any way dealing with registered land held in trust shall be registered, unless the power thereto enabling is expressly conferred in the instrument of trust, or unless the judgment of a court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of the judgment may be filed or recorded with the assistant registrar who shall make registration in accordance therewith. [L 1903, c 56, §66; RL 1925, §3255; RL 1935, §5065; RL 1945, §12665; RL 1955, §342-65; HRS §501-132; am L 1972, c 91, §1(w); gen ch 1985; am L 1986, c 246, §12]
Haw. Rev. Stat. § 501-12 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-12
Salaries and expenses.
Status: in_force

The judge of the court, the registrar, and the authorized clerks and assistants shall receive such salaries as are appropriated by the legislature. In the absence of such provision all salaries of officers or employees or fees of examiners of title shall be paid out of the appropriation for expenses of the court, according to a schedule fixed by the governor.
Haw. Rev. Stat. § 514B-36 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-36
Leasehold units.
Status: in_force

An undivided interest in the land that is subject to a condominium property regime equal to a unit's common interest may be leased to the unit owner, and the unit and its common interest in the common elements exclusive of the land may be conveyed to the unit owner. The conveyance of the unit with an accompanying lease of an interest in the land shall not constitute a division or partition of the common elements, or a separation of the common interest from its unit. Where a deed of a unit is accompanied by a lease of an interest in the land, the deed shall not be construed as conveying title to the land included in the common elements.
Haw. Rev. Stat. § 501-246 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-246
Legal incidents of a leasehold time share interest.
Status: in_force

A leasehold time share interest, and ownership therein, shall in all respects be subject to the same burdens and incidents which attach by law to the lessee's interest in a leasehold apartment that is part of a condominium property regime established on unregistered land and which is not utilized in a time share plan.

Nothing in this part shall, in any way, be construed to relieve a leasehold time share interest or the owners thereof:

(1) From any rights incident to the relation of husband and wife;

(2) From liability to attachment or mesne process or levy on execution;

(3) From liability to any lien of any description established by law on the leasehold time share interest, or in the interest of the owner in the leasehold time share interest;

(4) To change the laws of descent;

(5) The rights of partition between coparceners and other cotenants;

(6) The right to take the same by eminent domain;

(7) To relieve such leasehold time share interest from liability to be recovered by a trustee in bankruptcy under the provisions of law relating to preferences; or

(8) To change or affect in any way any other rights or liabilities created by law and applicable to the lessee's interest in a leasehold apartment which is part of a condominium property regime established on unregistered land and which is not utilized in a time share plan; except as otherwise expressly provided in this part. [L 1998, c 219, pt of §1]
Haw. Rev. Stat. § 501-214 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-214
Judgments, how satisfied.
Status: in_force

When there are defendants other than the director of finance, and where judgment is entered for the plaintiff against the director and against some or all of the other defendants, execution shall issue against the other defendants and be levied upon them. If the execution is returned unsatisfied in whole or in part, and the officer returning the same certifies that the amount due cannot be collected from the lands or goods of the other defendants, the circuit court rendering the judgment shall direct the clerk to certify to the governor the amount due on the execution, and the governor shall draw the governor's warrant therefor upon the director, and the director shall pay the amount out of the general fund, without any further act making an appropriation therefor.

When in the action judgment for any reason cannot be entered against all or any of the other defendants, it may be entered against the director alone, or against the director and such of the other defendants as are found to be liable, and against whom judgment can lawfully be entered. Whenever judgment is entered against the director alone, whether in a case where the director is sole defendant or joint defendant with others, the circuit court before which the action is tried shall cause the clerk to transmit to the governor a certificate of the entry of judgment and of the amount due, and the director shall pay the same upon the warrant of the governor, as above provided. [L 1903, c 56, §98; RL 1925, §3288; am L 1932 2d, c 33, §3; RL 1935, §5101; RL 1945, §12701; RL 1955, §342-101; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §501-214; am L 1972, c 91, §1(oo); gen ch 1985]
Haw. Rev. Stat. § 516-40 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-40
Bonds as legal investments.
Status: in_force

The State and all of its public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, including savings and loan associations, all investment companies, insurance companies, insurance associations, and other persons carrying on an insurance business in the State, and all personal representatives, guardians, trustees, and other fiduciaries in the State may legally invest moneys or funds belonging to them or within their control and available for investment under other provisions of law, in any bonds or other obligations issued by the Hawaii housing finance and development corporation under this part, and such bonds and other obligations of the corporation shall be authorized security for all public deposits and shall be fully negotiable in the State. It is the purpose of this section to authorize any of the foregoing to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investments, retirement, compensation, pension, and trust funds and funds held on deposit, for the purchase of any such bonds or other obligations; provided that nothing contained in this section shall operate to relieve any person, firm, or corporation from liability for failure to exercise reasonable care in selecting investments or, in the case of a guardian or trustee, from liability for failure to exercise the judgment and care to observe the duties required of a guardian or trustee by article 8 of chapter 412 and section 554-6.
Haw. Rev. Stat. § 514B-92 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-92
Use of purchaser deposits to pay project costs.
Status: in_force

(a) Subject to the conditions set forth in subsection (b), purchaser deposits that are held in escrow pursuant to a binding sales contract may be disbursed before closing to pay for project construction costs, including, in the case of a conversion, for repairs necessary to cure violations of county zoning and building ordinances and codes, for architectural, engineering, finance, and legal fees, and for other incidental expenses of the project.

(b) Disbursement of purchaser deposits prior to closing shall be permitted only if:

(1) The commission has issued an effective date for the developer's public report for the project;

(2) The developer has recorded the project's declaration and bylaws; and

(3) The developer has submitted to the commission:

(A) A project budget showing all costs that are required to be paid in order to complete the project, including lease payments, real property taxes, construction costs, architectural, engineering and legal fees, and financing costs;

(B) Evidence satisfactory to the commission of the availability of sufficient funds to pay all costs required to be paid in order to complete the project, that may include purchaser funds, equity funds, interim or permanent loan commitments, and other sources of funds; and

(C) If purchaser funds are to be disbursed prior to completion of construction of the project:

(i) A copy of the executed construction contract;

(ii) A copy of the building permit for the project; and

(iii) Satisfactory evidence of security for the completion of construction, which evidence may include the following, in forms and content approved by the commission: a completion or performance bond issued by a surety licensed in the State in an amount equal to one hundred per cent of the cost of construction; a completion or performance bond issued by a material house in an amount equal to one hundred per cent of the cost of construction; an irrevocable letter of credit issued by a federally-insured financial institution in an amount equal to one hundred per cent of the cost of construction; or other substantially similar instrument or security approved by the commission. A completion or performance bond issued by a surety or by a material house, an irrevocable letter of credit, and any alternatives shall contain a provision that the commission shall be notified in writing before any payment is made to beneficiaries of the bond. Adequate disclosures shall be made in the developer's public report concerning the developer's use of a completion or performance bond issued by a material house instead of a surety, and the impact of any restrictions on the developer's use of purchaser's funds.

(c) A purchaser's deposits may be disbursed prior to closing only to pay costs set forth in the project budget submitted pursuant to subsection (b)(3)(A) that are approved for payment by the project lender or an otherwise qualified, financially disinterested person. In addition, purchaser deposits may be disbursed prior to closing to pay construction costs only in proportion to the valuation of the work completed by the contractor, as certified by a licensed architect or engineer.

(d) If purchaser deposits are to be disbursed prior to closing, the following notice shall be prominently displayed in the developer's public report for the project:

" Important Notice Regarding Your Deposits: Deposits that you make under your sales contract for the purchase of the unit may be disbursed before closing of your purchase to pay for project costs, construction costs, project architectural, engineering, finance, and legal fees, and other incidental expenses of the project. While the developer has submitted satisfactory evidence that the project should be completed, it is possible that the project may not be completed. If your deposits are disbursed to pay project costs and the project is not completed, there is a risk that your deposits will not be refunded to you. You should carefully consider this risk in deciding whether to proceed with your purchase."
Haw. Rev. Stat. § 501-72 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-72
Types of nonabsolute title.
Status: in_force

Possessory title. When a possessory title only is required, the applicant may be registered as the owner of the fee simple on giving such evidence of actual bona fide possession and of title, and serving such notices, if any, as may from time to time be ordered by the court. The registration of any person as first registered owner of land with a possessory title only shall not affect or prejudice the enforcement of any estate, right, or interest adverse to or in derogation of the title of the first registered owner, and subsisting or capable of arising at the time of the registration of the owner; but, save as aforesaid, shall have the same effect as registration of a person with an absolute title.

Qualified title. When an absolute title has been applied for, and on examination of title it appears to the court that the title can be established only for a limited period or subject to certain reservations, or upon application claiming such a qualified title, the court, on the application of the party applying to be registered, may except from the effects of registration, by an order included in the court's decree, any estate, right, or interest arising before a specified date; or arising under a specified instrument; or otherwise particularly described in the decree.

A title registered subject to an excepted estate, right, or interest, shall be called a qualified title. The registration of a person as first registered owner of land with a qualified title shall have the same effect as the registration of a person with an absolute title, save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right, or interest appearing by the register to be excepted. [L 1903, c 56, pt of §38; RL 1925, pt of §3228; RL 1935, pt of §5037; RL 1945, pt of §12637; RL 1955, pt of §342-38; HRS §501-72; gen ch 1985]
Haw. Rev. Stat. § 501-25 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-25
Application may include several parcels.
Status: in_force

An application may include two or more parcels of land in which the applicant claims the same interests; provided that all parcels must be within the same district, as such districts are defined by chapter 4, except that the districts of North Kona and South Kona, referred to in subparagraphs (G) and (H) of section 4-1(1), shall be deemed one district for this purpose.

Two or more parcels shall not be included in one application regardless of where they are situated, unless the claim of the applicant is of the same interest in each parcel included in the application. Coapplicants, whether their claims are of equal or unequal interest in the lands sought to be registered, shall not include more than one parcel in one application, unless the interest claimed by each applicant is uniform and of the same quantum of estate in every parcel sought to be included in the one application. [L 1903, c 56, pt of §24; RL 1925, pt of §3213; am L 1927, c 258, §4; am L 1929, c 184, §1; am L 1931, c 221, §1; RL 1935, §5016; RL 1945, §12616; RL 1955, §342-17; HRS §501-25; am L 1972, c 91, §1(e)]
Haw. Rev. Stat. § 519-4 — HI Code / Division 3 / Title 28 / Chapter 519 / Section 519-4
Exemption for sustainable affordable developments.
Status: in_force

Notwithstanding any other law to the contrary, no lessee under a sustainable affordable lease as defined in section 516-1 and qualified under section 516-202 may exercise the rights granted to a lessee under section 519-2.
Haw. Rev. Stat. § 521-69 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-69
Landlord's remedies for tenant's waste, failure to maintain, or unlawful use.
Status: in_force

(a) If the tenant is in material noncompliance with section 521-51, the landlord, upon learning of any such noncompliance and after notifying the tenant in writing of the noncompliance and allowing a specified time not less than ten days after receipt of the notice, for the tenant to remedy the noncompliance:

(1) May terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession if the tenant is in material noncompliance with section 521-51(1); or

(2) May remedy the tenant's failure to comply and bill the tenant for the actual and reasonable cost of such remedy if the noncompliance can be remedied by the landlord by cleaning, repairing, replacing a damaged item, or the like, which bill shall be treated by all parties as rent due and payable on the next regular rent collection date or, if the tenancy has terminated, immediately upon receipt by the tenant.

No allowance of time to remedy noncompliance shall be required when noncompliance by the tenant causes or threatens to cause irremediable damage to any person or property. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.

(b) The landlord may terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession for any material noncompliance with section 521-51 by a roomer or boarder if the roomer or boarder fails to comply within the time specified in the notice.

(c) The landlord may bring an action or proceeding for waste or for breach of contract for damage suffered by the tenant's wilful or negligent failure to comply with the tenant's obligations under section 521-51. [L 1972, c 132, pt of §1; am L 1976, c 90, §6; am L 1978, c 167, §2; am L 1983, c 146, §1; gen ch 1985]
Haw. Rev. Stat. § 525-1 — HI Code / Division 3 / Title 28 / Chapter 525 / Section 525-1
Statutory rule against perpetuities.
Status: in_force

(a) A nonvested property interest is invalid unless:

(1) When the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or

(2) The interest either vests or terminates within ninety years after its creation.

(b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:

(1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one years after the death of an individual then alive; or

(2) The condition precedent either is satisfied or becomes impossible to satisfy within ninety years after its creation.

(c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:

(1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one years after the death of an individual then alive; or

(2) The power is irrevocably exercised or otherwise terminates within ninety years after its creation.

(d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.

(e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument either seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:

(1) The expiration of a period of time not exceeding twenty-one years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or

(2) The expiration of a period of time that exceeds or might exceed twenty-one years after the death of the survivor of lives in being at the creation of the trust or other property arrangement;

that language is inoperative to the extent it produces a period of time that exceeds twenty-one years after the death of the survivor of the specified lives. [L 1992, c 262, pt of §2]
Haw. Rev. Stat. § 501-23.5 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-23.5
Disposition of fees received at the bureau of conveyances.
Status: in_force

Notwithstanding any other law to the contrary, of the fees received at the bureau of conveyances, the registrar of conveyances shall deposit to the credit of the state general fund $18 for each document recorded and shall deposit the remaining balance and all fees other than the temporary recording fee established pursuant to section 431P-20 and conveyance tax collected pursuant to section 247-1 to the credit of the bureau of conveyances special fund established under section 502-8.
Haw. Rev. Stat. § 516-151 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-151
Advance commitments program.
Status: in_force

(a) The corporation may contract with a mortgage lender for the advance commitment to purchase 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. § 523A-54 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-54
Request by director of finance for report of previously unreported information.
Status: in_force

On the thirtieth day of June of each year, the director shall request the Comptroller General or other proper officer of the United States to report all previously unreported information relating to unclaimed property as determined by that officer pursuant to federal law.
Haw. Rev. Stat. § 502-13 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-13
Names of parties indexed.
Status: in_force

The registrar shall, within a reasonable time, cause the name of each and every grantor, grantee, or other party thereto to be entered at length and alphabetically in its appropriate index.
Haw. Rev. Stat. § 514E-20 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-20
Effect of recording a nondisturbance agreement.
Status: in_force

When a nondisturbance agreement has been executed by the lienholder and recorded, the lienholder, its successors, and anyone who acquires the property through foreclosure or by a deed, assignment, or other transfer in place of foreclosure, shall take the property subject to the rights of the owners.
Haw. Rev. Stat. § 514E-3 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-3
Taxation.
Status: in_force

(a) The plan manager, if any, shall collect and pay real property and transient accommodations taxes due on the time share units or occupants under the plan manager's authority as the agent of the owners of the individual units or temporal divisions thereof. The liability of the individual owners of the units, or temporal division thereof, for real property taxes, shall be primary to all parties except the plan manager. The right to contest or appeal any real property or transient accommodations tax assessment shall apply to the plan manager and any person having an interest in a time share unit.

(b) The acquisition agent and sales agent shall maintain records pertaining to the general excise tax of any independent contractors employed by them, their addresses and commissions paid during each calendar year. The plan manager shall maintain records of the general excise and transient accommodations taxes due and owing with respect to any occupants or time share units under the plan manager's management. The records for any year shall be retained for at least two years and be available for inspection by the director or the director of taxation. [L 1980, c 186, pt of §1; gen ch 1985; am L 1996, c 46, §1; am L 1998, c 156, §29]
Haw. Rev. Stat. § 526-3 — HI Code / Division 3 / Title 28 / Chapter 526 / Section 526-3
Scope.
Status: in_force

This chapter applies to disclaimers of any interest in or power over property, whenever created.
Haw. Rev. Stat. § 516-4 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-4
Trusts and estates.
Status: in_force

The rights granted to lessees by this chapter shall be effective, notwithstanding any condition or provision to the contrary in any instrument creating any life tenancy, defeasible fee, estate, or trust, regardless of whether such tenancy, fee, estate or trust was in effect prior to June 24, 1967 or is created hereafter; and the life tenant, holder, officer, or trustee of any such tenancy, defeasible fee, estate, or trust may convey residential leases for terms exceeding twenty years and shall perform all acts required of the life tenant, holder, officer, or trustee by this chapter. Every such instrument now in existence or hereafter executed shall be construed in conformity with the intent and purpose of this chapter. No trustee, officer, or agent of a lessor or other legal or equitable owner shall, while acting pursuant to this chapter, be deemed to be acting in bad faith or to have committed a breach of trust.
Haw. Rev. Stat. § 502-124 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-124
Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Haw. Rev. Stat. § 520A-6 — HI Code / Division 3 / Title 28 / Chapter 520A / Section 520A-6
Persons using land.
Status: in_force

Nothing in this chapter shall be construed to:

(1) Create a duty of care or ground for liability for injury to persons or property; or

(2) Relieve any person using the land of another for control or eradication of invasive species from any obligation which the person may have in the absence of this chapter to exercise care in the person's use of such land and in the person's activities thereon, or from the legal consequences of failure to employ such care. [L 2003, c 86, pt of §1]
Haw. Rev. Stat. § 501-157 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-157
Reregistration of mortgage or lease after partition.
Status: in_force

When a certified copy of a judgment for partition and of the return of the commissioners, if any, is presented for registration, if a mortgage or lease affecting a specific portion or an undivided share of the premises has previously been registered, the tenant claiming under the mortgagor or lessor shall cause the mortgage or lease to be again presented for registration. The assistant registrar shall indorse on each a memorandum of the partition, with a description of the land set off in severalty on which the mortgage or lease remains in force.
Haw. Rev. Stat. § 502-84 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-84
Powers of attorney, etc.
Status: in_force

All articles of marriage settlement and powers of attorney for the transfer of real property within the State shall be recorded in the bureau of conveyances, in default of which no such instrument shall be binding to the detriment of third parties or conclusive upon their rights and interests. [CC 1859, §1263; am L 1911, c 20, §1; am imp L 1915, c 47, §§2, 3; am L 1919, c 3, pt of §1; RL 1925, §3171; RL 1935, §5157; RL 1945, §12757; RL 1955, §343-50; HRS §502-84; am L 1972, c 125, §1(f)]
Haw. Rev. Stat. § 523A-57 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-57
State's right unaffected by expiration of time for proceeding.
Status: in_force

The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for funds or delivery of property shall not affect the right of this State to acquire possession of unclaimed property in accordance with the provisions of this part.
Haw. Rev. Stat. § 516D-11.6 — HI Code / Division 3 / Title 28 / Chapter 516D / Section 516D-11.6
Suggested form of a standardized summary of lease provisions.
Status: in_force

A standardized summary of lease provisions executed pursuant to section 516D-11 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"), for the sale of the property at _____________________________________, 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 the original developer of this project may have entered into a master ground lease with the fee simple owner of the land in order to develop the project. The developer or the cooperative corporation may then have entered into a sublease or a new lease of the land with the lessee (apartment owner). The developer may lease the improvements to the apartment owner by way of an apartment lease or sublease, or sell the improvements to the apartment owners by way of a condominium conveyance or apartment deed.

I understand that there are currently no statutory provisions for the mandatory conversion of leasehold condominium and cooperatives, and that there are not assurances that such measures will be enacted in the future.

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.

______________________________ ______________________________

Buyer's signature Buyer's signature

Date: _______________, ____AM/PM

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

[ ] I DO NOT ACCEPT THE TERMS OF THE LEASE AND CANCEL THE SUBJECT DROA.

______________________________ ______________________________

Buyer's signature Buyer's signature

Date: _______________, ____AM/PM
Haw. Rev. Stat. § 514B-82 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-82
Sale of units.
Status: in_force

Except as provided in section 514B‑85, no sale or offer of sale of units in a project by a developer shall be made prior to the registration of the project by the developer with the commission, the issuance of an effective date for the developer's public report by the commission, and except as provided by law with respect to time share units, the delivery of the developer's public report to prospective purchasers. Notwithstanding any other provision to the contrary, where a time share project is duly registered under chapter 514E and a disclosure statement is effective and required to be delivered to the purchaser or prospective purchaser, the developer's public report need not be delivered to the purchaser or prospective purchaser.
Haw. Rev. Stat. § 517-3 — HI Code / Division 3 / Title 28 / Chapter 517 / Section 517-3
Effect on existing and subsequent trusts.
Status: in_force

The legislature declares that if this chapter is held invalid or unconstitutional with respect to trusts and estates existing prior to April 24, 1957, it would have enacted this chapter as applicable to estates and trusts arising subsequent to April 24, 1957.
Haw. Rev. Stat. § 514B-146.5 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-146.5
Association fiscal matters; supplemental nonjudicial foreclosure notices; restrictions on power of sale.
Status: in_force

(a) Any notice of default and intention to foreclose given by an association under section 667-92(a) shall, in addition to the requirements of that section, also include a statement that the unit owner may request mediation by delivering a written request for mediation to the association by certified mail, return receipt requested, or hand delivery within thirty days after service of a notice of default and intention to foreclose on the unit owner.

If the association does not receive a request for mediation within the thirty-day period, the association may proceed with nonjudicial or power of sale foreclosure, subject to all applicable provisions of this chapter and chapter 667. If the association receives a request for mediation, as set forth in this subsection, from a unit owner within thirty days after service of a notice of default and intention to foreclose upon the unit owner, the association shall agree to mediate and shall be prohibited from proceeding with nonjudicial or power of sale foreclosure until the association has participated in the mediation or the time period for completion of the mediation has elapsed. The mediation shall be completed within sixty days of the date upon which the unit owner delivers a request for mediation upon the association; provided that if the mediation is not commenced or completed within sixty days or the parties are unable to resolve the dispute by mediation, the association may proceed with nonjudicial or power of sale foreclosure, subject to all applicable provisions of this chapter and chapter 667.

(b) In addition to the wording required by section 667-92(b), any notice of default and intention to foreclose given by an association under section 667-92(a) shall also contain wording substantially similar to the following in all capital letters and printed in not less than fourteen-point font:

"THIS NOTICE PERTAINS TO AMOUNTS DUE AND OWING TO THE ASSOCIATION FOR WHICH THE ASSOCIATION HAS A STATUTORY OR RECORDED LIEN. THIS NOTICE DOES NOT PERTAIN TO OBLIGATIONS OWED BY YOU TO OTHER CREDITORS, INCLUDING ANY OUTSTANDING MORTGAGE DEBT. YOU SHOULD CONSULT YOUR OTHER CREDITORS, INCLUDING YOUR MORTGAGEES, IF ANY, AS TO THE EFFECT THE FORECLOSURE OF THE ASSOCIATION'S LIEN WILL HAVE ON YOUR OTHER OUTSTANDING DEBTS."

(c) The association's power of sale provided in section 514B-146(a) may not be exercised against:

(1) Any lien that arises solely from fines, penalties, legal fees, or late fees, and the foreclosure of any such lien shall be filed in court pursuant to part IA of chapter 667;

(2) Any unit owned by a person who is on military deployment outside of the State of Hawaii as a result of active duty military status with any branch of the United States military, and the foreclosure of any such lien shall be filed in court pursuant to part IA of chapter 667; provided that this paragraph shall not apply if the lien of the association has been outstanding for a period of one year or longer; or

(3) Any unit while the nonjudicial or power of sale foreclosure has been stayed pursuant to section 667-92(c). [L 2019, c 282, §2; am L 2020, c 70, §60]
Haw. Rev. Stat. § 516-24 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-24
Compensation.
Status: in_force

The compensation to be paid for the leased fee interest in a residential houselot within a tract shall be the owner's basis as defined in section 516-1. The compensation shall be determined as of the date of the summons of the complaint in eminent domain.

Revision Note

Section "516-1" substituted for "516-1(14)".
Haw. Rev. Stat. § 510-23 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-23
Disposition upon death.
Status: in_force

Upon death of a married person, one-half of the property to which this part applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this State. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this State. With respect to property to which this part applies, the one-half of the property which is the property of the decedent is not subject to the surviving spouse's right to elect against the will, is not included in the decedent's net estate which is subject to the elective share of the surviving spouse, and no estate of dower or curtesy exists in the property of the decedent.
Haw. Rev. Stat. § 501-138 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-138
Discharge or modification of liens to be recorded.
Status: in_force

Attachments on mesne process and liens of every description upon registered land shall be continued, reduced, discharged, and dissolved by any method sufficient in law to continue, reduce, discharge, or dissolve like liens on unregistered land. All certificates or other instruments which are permitted or required by law to be recorded in the bureau of conveyances to give effect to the continuance, reduction, discharge, or dissolution of attachments or other liens upon unregistered lands, or to give notice of such continuance, reduction, discharge, or dissolution, shall in the case of like liens upon registered land be filed and registered with the assistant registrar.
Haw. Rev. Stat. § 516-25 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-25
Interest acquired.
Status: in_force

(a) Upon acquisition of the leased fee interest in residential houselots within all or a portion of a development tract as provided in this part, the property interest acquired by the Hawaii housing finance and development corporation is all of the right, title, and interest of the fee owner, and of the lessor and all legal and equitable owners, if any, in and to the residential houselots acquired; subject to existing leases of residential houselots within the development tract, and to all covenants, conditions, easements, reservations, and restrictions of record running with the land or contained in the agreement of sale, deed, or other conveyance held by the fee owner, lessor, and legal and equitable owners or permitted or suffered by lessees of existing residential houselot leases, which are not inconsistent with the intent of this part. The acquisition terminates all the right, title, and interest of the fee owner, lessor, and all legal and equitable owners, whether the interest be a remainder, vested or contingent, a reversion, or other beneficial interest in the property, present or prospective.

(b) If the leasehold is subject to any mortgage, lien, or encumbrance suffered or permitted by the lessee, including, but not limited to, rights arising through divorce, marriage, or assignment, the purchase of the leased fee by the lessee shall in no manner affect or impair the mortgage, lien, or encumbrance or the security afforded thereby to the holder thereof, and the leasehold shall continue, notwithstanding the purchase of the leased fee by the lessee, for the purpose and to extent necessary to avoid any impairment of such leasehold security, unless the holder of the leasehold mortgage, lien, or encumbrance shall in writing consent to the transfer thereof to the fee as herein provided. Upon the written consent by the holder thereof, each such mortgage, lien, or encumbrance to which the leasehold is subject and to which such consent refers shall be transferred to and shall bind the fee acquired by the lessee, and shall thereafter continue in full force and effect as a mortgage, lien, or encumbrance of the fee acquired by the lessee, in the same order and priority among such mortgages, liens, and encumbrances so transferred to the fee as the same applied to and bound the lessee's immediate, previous leasehold interest. [L 1967, c 307, §14; HRS §516-25; am L 1975, c 184, §2(9); am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Haw. Rev. Stat. § 502-27 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-27
Charges.
Status: in_force

(a) Except when otherwise provided, fees for the use of microfilms of documents recorded in the bureau of conveyances for the purpose of making duplicates shall be established by rules adopted by the department of land and natural resources pursuant to chapter 91.

(b) Frame charges for duplicating microfilm shall not be assessed against any agency of the State or counties thereof. [L 1974, c 7, §1; am L 1999, c 125, §4]
Haw. Rev. Stat. § 514E-2.5 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-2.5
Licensing of sales agents and acquisition agents.
Status: in_force

(a) Except as provided in section 467-2, no sales agent shall act or assume to act as a real estate salesperson or a real estate broker without a license previously obtained under and in compliance with chapter 467 and the rules and regulations of the real estate commission.

(b) Except as provided in section 467-2, no acquisition agent shall solicit or encourage others to attend a time share sales presentation or to contact a time share sales agent or developer except as otherwise provided for by rules adopted by the director pursuant to chapter 91 without a real estate broker's license previously obtained under and in compliance with chapter 467 and the rules and regulations of the real estate commission or without registering as required by section 514E-10.

(c) The director shall adopt rules limiting the activities of and governing sales agents and acquisition agents, regardless of whether such persons are also licensed under chapter 467. The rules:

(1) May authorize an acquisition agent, whether or not licensed under chapter 467, and its employees and independent contractors, whether or not licensed under chapter 467, to invite others to attend a time share sales presentation or an entertainment function offered in connection therewith, so long as the invitation is made from a principal place of business, branch office, or other real estate place of business, or from a booth operated in accordance with state and county laws by the acquisition agent;

(2) May authorize an acquisition agent, whether or not licensed under chapter 467, and its employees and independent contractors, whether or not licensed under chapter 467, to extend invitations from a principal place of business, branch office, or other real estate place of business, or from a booth, without requiring the physical presence of a person licensed under chapter 467; provided that the acquisition agent's employees remain in the principal place of business or the booth at all times;

(3) Shall provide that any individual, who for compensation solicits or encourages others to attend a time share sales presentation or to contact a time share sales agent or developer, shall be employed, either directly or as an independent contractor, by a sales agent or acquisition agent;

(4) Shall provide that a real estate broker or acquisition agent who employs, either directly or as an independent contractor, an individual who is not licensed under chapter 467, to solicit or encourage others to attend a time share presentation or to contact a time share sales agent or developer, shall be responsible for the acts of the employee;

(5) Shall establish rules and conditions strictly regulating and, if legally permissible, prohibiting telephone solicitation of guests in hotels; and

(6) Shall establish such other rules as the director deems to be in the public interest.

(d) If the director determines, after notice and a hearing, that an acquisition agent has violated any provision of this chapter or any rule or regulation adopted by the director pursuant to this chapter, the director may suspend or revoke the registration of such person as an acquisition agent.

(e) If the real estate broker's license, issued under chapter 467, of an acquisition agent or sales agent is forfeited, suspended, revoked, terminated, or placed on inactive status, the acquisition agent or sales agent shall not act as an acquisition agent or sales agent under this chapter. [L 1981, c 81, pt of §1; am L 1982, c 186, §2; am L 1984, c 41, §3; am L 1989, c 217, §2; am L 2001, c 17, §2; am L 2002, c 204, §6]
Haw. Rev. Stat. § 516-27 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-27
Compulsory or involuntary conversion.
Status: in_force

It is the intent of the legislature, within the meaning of section 1033 or section 1231 of the Internal Revenue Code or the applicable provisions of chapter 235, Hawaii Revised Statutes, as well as all other statutes, rules, regulations, administrative orders, and legal interpretations within the federal and state governments relating to taxation, that any conveyance of title to property by a fee owner to the corporation under this part shall constitute a compulsory or involuntary conversion (as a result of the exercise of the power of condemnation or the threat of imminence thereof), and that such fee owner shall not be deemed, by reason, in whole or in part, of any provision of this part or by reason of the execution by the fee owner of leases to the property and other properties subsequent to June 24, 1967, to hold the property primarily for sale to customers in the ordinary course of trade or business.
Haw. Rev. Stat. § 520-8 — HI Code / Division 3 / Title 28 / Chapter 520 / Section 520-8
Rules and regulations.
Status: in_force

The department of land and natural resources shall make rules and regulations pursuant to chapter 91, as it deems necessary to carry out the purpose of this chapter.
Haw. Rev. Stat. § 508D-17 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-17
Limitation of actions.
Status: in_force

(a) Any action brought under this chapter shall commence within two years from the date the buyer received the disclosure statement; provided that if no disclosure statement was delivered to the buyer, then the action shall commence within two years of the recorded sale of the residential real property.

(b) This chapter supersedes all other laws relating to the time for commencement of actions for failure to make the disclosures required by this chapter. [L 1994, c 214, pt of §2; am L 1996, c 161, §17]
Haw. Rev. Stat. § 510-22 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-22
Rebuttable presumptions.
Status: in_force

In determining whether this part applies to specific property the following rebuttable presumptions apply:

(1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, property to which this part applies; and

(2) Real property situated in this State and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this part applies. [L 1973, c 132, pt of §1]
Haw. Rev. Stat. § 508C-5 — HI Code / Division 3 / Title 28 / Chapter 508C / Section 508C-5
Validity; effect on other instruments.
Status: in_force

(a) An environmental covenant that complies with this chapter shall run with the land.

(b) An environmental covenant that is otherwise effective shall be valid and enforceable even if:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to a person other than the original holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;

(6) The benefit or burden does not touch or concern real property;

(7) There is no privity of estate or contract;

(8) The holder dies, ceases to exist, resigns, or is replaced; or

(9) The owner of an interest subject to the environmental covenant and the holder are the same person.

(c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity or use limitations except for the fact that the instrument was recorded before July 6, 2006, shall not be invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b), or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter shall not apply in any other respect to such an instrument.

(d) This chapter shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest that is otherwise enforceable under the law of this State. [L 2006, c 279, pt of §2]

Revision Note

"July 6, 2006," substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 523A-8 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-8
Report of abandoned property.
Status: in_force

(a) A holder of property presumed abandoned shall make a report to the administrator concerning the property.

(b) The report shall be verified and shall contain:

(1) A description of the property;

(2) Except with respect to a traveler's check or money order, the name, if known, and last known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property of the value of $50 or more;

(3) An aggregated amount of items valued under $50 each;

(4) In the case of an amount of $50 or more held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary;

(5) In the case of property held in a safe deposit box or other safekeeping depository, an indication of the place where it is held and where it may be inspected by the administrator, and any amounts owing to the holder;

(6) The date, if any, on which the property became payable, demandable, or returnable, the date of the last transaction with the apparent owner with respect to the property, and whether the property is an interest bearing account; and

(7) Other information that the administrator by rules adopted under chapter 91 prescribes as necessary for the administration of this part.

(c) If a holder of property presumed abandoned is a successor to another person who previously held the property for the apparent owner or the holder has changed its name while holding the property, the holder shall file with the report its former names, if any, and the known names and addresses of all previous holders of the property.

(d) The report shall be filed before November 1 of each year and cover the twelve months next preceding July 1 of that year; provided that a report with respect to a life insurance company shall be filed before November 1 of each year for the calendar year next preceding.

(e) The holder of property presumed abandoned shall send written notice to the apparent owner, not more than six months before filing the report, stating that the holder is in possession of property subject to this part, if:

(1) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;

(2) The claim of the apparent owner is not barred by a statute of limitations; and

(3) The value of the property is $50 or more.

(f) Before the date for filing the report, the holder of property presumed abandoned may request the administrator to extend the time for filing the report. The administrator may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which shall terminate the accrual of additional interest on the amount paid.

(g) The holder of property presumed abandoned shall file with the report an affidavit stating that the holder has complied with subsection (e). [L 2008, c 55, pt of §1]
Haw. Rev. Stat. § 526-8 — HI Code / Division 3 / Title 28 / Chapter 526 / Section 526-8
Disclaimer of interest by trustee.
Status: in_force

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
Haw. Rev. Stat. § 508C-6 — HI Code / Division 3 / Title 28 / Chapter 508C / Section 508C-6
Relationship to other land use law.
Status: in_force

This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.
Haw. Rev. Stat. § 502-95 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-95
Validation of defective certificates.
Status: in_force

The record made prior to May 14, 1943, in the bureau of conveyances at Honolulu of any instrument otherwise authorized to be recorded therein, notwithstanding any defect in the form of the certificate of acknowledgment or proof, or the failure to make the notations required by section 502-61, or the failure to append thereto the certificate of authority required by section 502-46, or any defect in the form of the certificate, shall be in all respects as valid and effectual as though the certificate of acknowledgment or proof or certificate of authority had been in proper form or the certificate of authority had been appended to the instrument, or such notations had been made; provided that:

(1) In any case of a defect in the certification of the authority of the officer to take the acknowledgment or proof, at the time of taking and in the place where the same was taken (whether because of a defect in the officer's certificate or because of a defect in or failure to append the certificate of the officer's authority, when required), the burden shall be on the party relying on the record to prove the authority, in any proceeding where the fact is in dispute; and

(2) With respect to any interlineation, erasure, or other change, not initialed and noted as required by section 502-61, the burden shall be on the party relying on the record to prove that the change was made before acknowledgment of the instrument, in any proceeding where the fact is asserted by the party and is in dispute. [L 1943, c 197, §6; RL 1945, §12762; RL 1955, §343-56; HRS §502-95; gen ch 1985; am L 2019, c 111, §29]
Haw. Rev. Stat. § 521-74 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-74
Retaliatory evictions and rent increases prohibited.
Status: in_force

(a) Notwithstanding that the tenant has no written rental agreement or that it has expired, so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withheld, no action or proceeding to recover possession of the dwelling unit may be maintained against the tenant, nor shall the landlord otherwise cause the tenant to quit the dwelling unit involuntarily, nor demand an increase in rent from the tenant; nor decrease the services to which the tenant has been entitled, after:

(1) The tenant has complained in good faith to the department of health, landlord, building department, office of consumer protection, or any other governmental agency concerned with landlord-tenant disputes of conditions in or affecting the tenant's dwelling unit which constitutes a violation of a health law or regulation or of any provision of this chapter; or

(2) The department of health or other governmental agency has filed a notice or complaint of a violation of a health law or regulation or any provision of this chapter; or

(3) The tenant has in good faith requested repairs under section 521-63 or 521-64.

(b) Notwithstanding subsection (a), the landlord may recover possession of the dwelling unit if:

(1) The tenant is committing waste, or a nuisance, or is using the dwelling unit for an illegal purpose or for other than living or dwelling purposes in violation of the tenant's rental agreement;

(2) The landlord seeks in good faith to recover possession of the dwelling unit for immediate use as the landlord's own abode or that of the landlord's immediate family;

(3) The landlord seeks in good faith to recover possession of the dwelling unit for the purpose of substantially altering, remodeling, or demolishing the premises;

(4) The complaint or request of subsection (a) relates only to a condition or conditions caused by the lack of ordinary care by the tenant or another person in the tenant's household or on the premises with the tenant's consent;

(5) The landlord has received from the department of health certification that the dwelling unit and other property and facilities used by or affecting the use and enjoyment of the tenant were on the date of filing of the complaint or request in compliance with health laws and regulations;

(6) The landlord has in good faith contracted to sell the property, and the contract of sale contains a representation by the purchaser corresponding to paragraph (2) or (3); or

(7) The landlord is seeking to recover possession on the basis of a notice to terminate a periodic tenancy, which notice was given to the tenant previous to the complaint or request of subsection (a).

(c) Any tenant from whom possession has been recovered or who has been otherwise involuntarily dispossessed, in violation of this section, is entitled to recover the damages sustained by the tenant and the cost of suit, including reasonable attorney's fees.

(d) Notwithstanding subsection (a), the landlord may increase the rent if:

(1) The landlord has received from the department of health certification that the dwelling unit and other property and facilities used by and affecting the use and enjoyment of the tenant were on the date of filing of the complaint or request of subsection (a) in compliance with health laws and regulations;

(2) The landlord has become liable for a substantial increase in property taxes, or a substantial increase in other maintenance or operating costs not associated with the landlord's complying with the complaint or request, not less than four months prior to the demand for an increase in rent; and the increase in rent does not exceed the prorated portion of the net increase in taxes or costs;

(3) The landlord has completed a capital improvement of the dwelling unit or the property of which it is a part and the increase in rent does not exceed the amount which may be claimed for federal income tax purposes as a straight-line depreciation of the improvement, prorated among the dwelling units benefited by the improvement;

(4) The complaint or request of subsection (a) relates only to a condition or conditions caused by the want of due care by the tenant or another person of the tenant's household or on the premises with the tenant's consent; or

(5) The landlord can establish, by competent evidence, that the rent now demanded of the tenant does not exceed the rent charged other tenants of similar dwelling units in the landlord's building or, in the case of a single-family residence or where there is no similar dwelling unit in the building, does not exceed the market rental value of the dwelling unit. [L 1972, c 132, pt of §1; am L 1975, c 104, §5; am L 1981, c 235, §4; gen ch 1985]
Haw. Rev. Stat. § 516-43 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-43
Security for funds deposited.
Status: in_force

The Hawaii housing finance and development corporation, by resolution, may provide that all moneys deposited by it shall be secured by:

(1) Any securities by which funds deposited by the state director of finance may be legally secured as provided in section 38-3; or

(2) An undertaking with sureties as are approved by the corporation faithfully to keep and pay over upon the order of the corporation any deposits and agreed interest thereon, and all banks and trust companies may give any security for those deposits. [L 1967, c 307, §32; HRS §516-43; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2018, c 18, §38]
Haw. Rev. Stat. § 501-261.5 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-261.5
Deregistration of registered land other than fee time share interests.
Status: in_force

(a) To deregister land under this chapter, the registered owner of the fee interest in registered land shall submit the following to the assistant registrar:

(1) A written request to deregister the registered land, proof of title insurance in the amount of the value of the land to be deregistered, and a written waiver of all claims against the State relating to the title to the land arising after the date of deregistration; and

(2) A plan of the parcel or parcels sought to be deregistered that includes a map and description prepared by a licensed professional surveyor in accordance with sections 502-17, 502-18, and 502-19.

(b) Upon satisfactory submission of the documents required pursuant to subsection (a), the assistant registrar shall refer the map and description of the parcel or parcels sought to be deregistered to the state land surveyor in the department of accounting and general services for approval after being checked as to form and mathematical correctness but not on the ground.

(c) Upon notification of approval by the state land surveyor, the assistant registrar shall:

(1) Record in the bureau of conveyances, pursuant to chapter 502, the current certificate of title for the fee interest in the registered land; provided that prior thereto, the assistant registrar shall note on the certificate of title all documents and instruments that have been accepted for registration and that have not yet been noted on the certificate of title for the registered land;

(2) Record in the bureau of conveyances, pursuant to chapter 502, the written request for deregistration presented to the assistant registrar for filing or recording, which shall be recorded immediately after the certificate or certificates of title;

(3) Cancel the certificate of title; and

(4) Record in the bureau of conveyances, pursuant to chapter 502, a plan of the parcel or parcels sought to be deregistered, prepared in accordance with sections 502-17, 502-18, and 502-19.

(d) The assistant registrar shall note the recordation and cancellation of the certificate of title in the registration book and in the records of the application for registration of the land that is the subject of the certificate of title. The notation shall state the:

(1) Bureau of conveyances document number for the certificate of title recorded;

(2) Certificate of title number; and

(3) Land court application or consolidation number, map number, and lot number for the land that is the subject of the certificate of title recorded.

(e) The assistant registrar shall transmit the notation of the recordation and cancellation of the certificate of title to the registrar of the land court and state land surveyor.

(f) No order of court shall be required before or in connection with the performance of any of the foregoing actions.

(g) As used in this section, "registered land" shall not include the undivided interest in the land unless the undivided interests represent all of the remaining registered interest in the land. [L 2013, c 119, §§2, 13; am L 2014, c 47, §3; am L 2016, c 39, §2; am L 2021, c 187, §2]
Haw. Rev. Stat. § 508C-4 — HI Code / Division 3 / Title 28 / Chapter 508C / Section 508C-4
Contents of environmental covenant.
Status: in_force

(a) An environmental covenant shall:

(1) State that the instrument is an environmental covenant executed pursuant to this chapter;

(2) Contain a legally sufficient description of the real property subject to the covenant;

(3) Describe the activity and use limitations on the real property;

(4) Include at least one holder to be effective;

(5) Identify every holder;

(6) Be signed by the agency, every holder, and unless waived by the agency, every owner of the fee simple interest of the real property subject to the covenant; and

(7) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including:

(1) Requirements for notice:

(A) Following transfer of a specified interest in;

(B) Concerning proposed changes in use of;

(C) Of applications for building permits for; or

(D) Of proposals for any site work affecting the contamination on,

the property subject to the covenant;

(2) Requirements for periodic reporting describing compliance with the covenant;

(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;

(4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;

(5) Limitation on amendment or termination of the covenant in addition to those contained in sections 508C‑9 and 508C‑10; and

(6) Rights of the holder in addition to the right to enforce the covenant pursuant to section 508C‑11.

(c) In addition to other conditions for its approval of an environmental covenant, the agency may require the persons specified by the agency who have interests in the real property to sign the covenant. [L 2006, c 279, pt of §2]
Haw. Rev. Stat. § 521-32 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-32
Separation of rents and obligations to property forbidden.
Status: in_force

Any agreement, conveyance, or trust instrument which authorizes a person other than the beneficial owner to act as the landlord of a dwelling unit shall operate, regardless of its terms, to authorize and require such person to use rents to conform with this chapter and any other law, code, ordinance, or regulation concerning the maintenance and operation of the premises.
Haw. Rev. Stat. § 514E-8 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-8
Mutual right to cancel.
Status: in_force

Within seven calendar days after the execution of the contract to purchase an interest in a time share plan, or within seven calendar days after the purchaser's receipt of a disclosure statement required by this chapter, whichever occurs later, either party may cancel the contract without penalty by mailing or delivering a notice of cancellation to the other party at an address specified on the contract. The notice of cancellation shall be effective upon mailing or delivery to the other party at the address specified on the contract.
Haw. Rev. Stat. § 514B-45 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-45
Blanket mortgages and other blanket liens affecting a unit at time of first conveyance or lease.
Status: in_force

At the time of the first conveyance or lease of each unit, every mortgage and other lien, except any improvement district or utility assessment, affecting both the unit and any other unit shall be paid and satisfied of record, or the unit being conveyed or leased and its common interest shall be released therefrom by a duly recorded partial release.
Haw. Rev. Stat. § 514E-30 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-30
Scope of chapter.
Status: in_force

This chapter applies to the offer and sale in Hawaii of time share interests in time share units located in Hawaii. If time share units are located outside of Hawaii, but any offer or sale is made within the State, this chapter, except for sections 514E-3, 514E-4, 514E-5, 514E-6, 514E-7, 514E-10(c), and 514E-14, shall apply. As to the offer and sale outside of Hawaii of time share interest in a time share plan which includes time share units located in Hawaii, this chapter, except for sections 514E-2.5, 514E-8, 514E-9, 514E-10(b), 514E-11, and 514E-11.1 shall apply.
Haw. Rev. Stat. § 514B-102 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-102
] Association; organization and membership.
Status: in_force

(a) The first meeting of the association shall be held not later than one hundred eighty days after recordation of the first unit conveyance; provided that forty per cent or more of the project has been sold and recorded. If forty per cent of the project is not sold and recorded at the end of one year after recordation of the first unit conveyance, an annual meeting shall be called if ten per cent of the unit owners so request.

(b) The membership of the association shall consist exclusively of all the unit owners. Following termination of the condominium, the membership of the association shall consist of all former unit owners entitled to distributions of proceeds under section 514B‑ 47, or their heirs, successors, or assigns. [L 2004, c 164, pt of §2; am L 2005, c 93, § 7]
Haw. Rev. Stat. § 514E-27 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-27
Alternative arrangements for purchaser protection.
Status: in_force

(a) In recognition of the impossibility or impracticability of a proposed time share plan satisfying some of the requirements of section 514E-19 because of factors over which the developer has little or no control, the director may accept arrangements, other than those prescribed by section 514E-19, which in the judgment of the director will give rights and remedies affording equivalent benefits and protections to time share owners which are at least comparable in scope though not necessarily in nature to those designed to be afforded by the section.

(b) Whenever the director is asked to accept alternative arrangements pursuant to this section, the director may contract with an attorney or attorneys and may contract with any other private consultants which the director or the attorney deems necessary or advisable, in connection with the review of the proposed arrangements for protecting purchasers; provided that the cost of retaining such attorneys and other consultants shall be borne by the developer. The attorney shall be asked to thoroughly review the time share plan for the purpose of examining the purchaser protections, including the documentation used in connection therewith and the disclosure thereof in the developer's disclosure statement. Upon completing the review, the attorney shall provide a written analysis of the proposal and an opinion as to the nature and extent of the protections which the proposal affords purchasers against blanket liens. The review of alternative arrangements pursuant to this section shall be in addition to the consultant review required under section 514E-10.5 for all filings which are submitted by time share developers. [L 1982, c 186, §15; am L 1984, c 41, §2]
Haw. Rev. Stat. § 516-42 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-42
Investment of reserves.
Status: in_force

The Hawaii housing finance and development corporation may invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. No provisions with respect to the acquisition, operation, or disposition of property by other public bodies are applicable to the corporation under this part unless otherwise specifically provided by law.
Haw. Rev. Stat. § 501-144 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-144
New certificate after enforcement of lien; tax sale.
Status: reserved

After registered land has been sold on any execution, or taken or sold for the enforcement of any lien of any description, the person claiming under an execution or under any deed or other instrument made in the course of proceedings to levy the execution or enforce any lien, may petition the court for the entry of a new certificate to the person, and the application may be granted. Every new certificate entered under this section shall contain a memorandum of the nature of the proceeding on which it is based and, where a new certificate is entered in pursuance of any tax title, the certificate shall contain a memorandum that it is subject to the rights of redemption reserved by law, if any. At any time prior to the entry of a new certificate the registered owner may pursue all the registered owner's remedies to impeach or annul proceedings under executions or to enforce liens of any description.
Haw. Rev. Stat. § 521-75 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-75
Unconscionability.
Status: in_force

(a) In any court action or proceeding with respect to a rental agreement, if the court as a matter of law finds the agreement or any provision of the agreement to have been unconscionable at the time it was made the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable provision, or it may so limit the application of any unconscionable provision as to avoid any unconscionable result.

(b) If it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.

(c) For the purposes of this section, an act or practice expressly permitted by this chapter is not in itself unconscionable. [L 1972, c 132, pt of §1]
Haw. Rev. Stat. § 515-17 — HI Code / Division 3 / Title 28 / Chapter 515 / Section 515-17
Attempts.
Status: in_force

An attempt to commit, directly or indirectly, a discriminatory practice is a discriminatory practice.
Haw. Rev. Stat. § 502-44 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-44
Married women.
Status: in_force

The acknowledgment of a married woman when required by law may be taken in the same form as if she were sole and without any examination separate and apart from her husband.
Haw. Rev. Stat. § 514E-5.5 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-5.5
Foreign time share plans; exemption.
Status: in_force

(a) A foreign time share plan may obtain an exemption from the requirements of this chapter as provided in this section.

(b) The developer of a foreign time share plan shall pay an exemption fee of $100 and file the following minimum information pertaining to the foreign time share plan with the director:

(1) The name and address of the foreign time share plan;

(2) The name and address of the developer and seller of the foreign time share plan, if any;

(3) The name and registration number of the time share plan located in Hawaii; provided that the registration shall be active at the time of filing under this subsection; and

(4) The duration of the foreign time share plan.

(c) Time share interests that are part of a foreign time share plan exempt under this section shall not be resold in the United States.

(d) The developer of a foreign time share plan exempt under this section shall not subject time share interests or units in the foreign time share plan that are located in Hawaii to blanket liens.

(e) The contract to purchase an interest in a foreign time share plan exempt under this section shall contain the following disclosure in conspicuous type immediately above the space provided for the purchaser's signature:

"THE OFFERING AND OPERATION OF THIS TIME SHARE PLAN OUTSIDE THE JURISDICTIONAL LIMITS OF THE UNITED STATES OF AMERICA IS EXEMPT FROM REGULATION UNDER HAWAII LAW, AND ANY SUCH PURCHASE AND OPERATION OF THIS TIME SHARE PLAN IS NOT PROTECTED BY THE LAWS OF THE STATE OF HAWAII. NO RESALE OF INTERESTS IN THIS TIME SHARE PLAN MAY BE MADE BY ANY PERSON WITHIN THE JURISDICTIONAL LIMITS OF THE UNITED STATES OF AMERICA. THE MANAGEMENT AND OPERATION OF ANY ACCOMMODATIONS OR FACILITIES LOCATED IN HAWAII, HOWEVER, ARE SUBJECT TO HAWAII LAW, AND MAY GIVE RISE TO AN ENFORCEMENT ACTION REGARDLESS OF WHERE THE OFFER WAS MADE."

(f) All promotional literature and other printed or written material used in connection with the sale of interests in a foreign time share plan exempt under this section shall include the following caption:

"This time share plan is exempt from registration under Hawaii law and, therefore, the purchase and operation of this time share plan is not protected by the laws of the State of Hawaii."

(g) For the purposes of this section, "foreign time share plan" means a time share use plan that:

(1) Contains time share interests or units located in Hawaii that are part of a Hawaii time share plan; and

(2) Is offered and sold solely outside the jurisdictional limits of the United States.

(h) Failure by the developer to abide by the requirements for the exemption shall result in the loss of the exemption and shall require registration under this chapter. [L 2006, c 278, §1; am L 2007, c 6, §1]
Haw. Rev. Stat. § 507D-7 — HI Code / Division 3 / Title 28 / Chapter 507D / Section 507D-7
Expungement of invalid lien; penalties; sanctions for frivolous filings.
Status: in_force

(a) If the circuit court finds the purported lien invalid, it shall order the registrar to expunge the instrument purporting to create it, and order the lien claimant to pay actual damages, costs of suit, and reasonable attorneys' fees. This order shall be presented to the registrar for recordation and shall have the effect of voiding the lien from its inception. If the circuit court finds the purported lien is frivolous, the prevailing party in any action brought under section 507D-4 shall be awarded costs of suit, reasonable attorneys' fees, and either actual damages or $5,000, whichever is greater. The foregoing award shall be made in the form of a joint and several judgment issued in favor of the prevailing party and against each lien claimant and also against each person who owns or controls the activities of the lien claimant if the lien claimant is not a natural person.

(b) If the circuit court finds the purported lien is frivolous, upon application of a party in interest, the registrar, or the government counsel representing the government officer or employee affected by the purported lien, the court may also issue appropriate injunctive relief against the lien claimant to preclude further filings of any kind with the registrar for a period of five years, unless that person obtains leave of court to file another instrument with the registrar. The order shall be enforced in the manner for enforcement of injunctions. This order may be presented to the registrar for recordation. Proceedings under this subsection shall not preclude a person from proceeding under subsection (a) or section 507D-4 and recovering damages, penalties, costs, and attorneys' fees.

(c) Any person who knowingly submits for filing an invalid court order in support of a nonconsensual common law lien against a federal, state, or county officer or employee, shall be guilty of tampering with a government record under section 710-1017.

(d) Nothing in this chapter shall inhibit or preclude any party in interest from seeking any other common law, statutory, or other equitable remedy. [L 1996, c 24, pt of §1; am L 1997, c 284, §4; am L 2000, c 95, §2]
Haw. Rev. Stat. § 507-49 — HI Code / Division 3 / Title 28 / Chapter 507 / Section 507-49
Exceptions.
Status: in_force

(a) Anything contained in this part to the contrary notwithstanding, in connection with any repairs or improvements made or performed on property which before the repairs or improvements was used primarily for dwelling purposes, no lien shall exist either for the furnishing of materials to a general contractor as defined in this chapter or the general contractor's subcontractor either of whom was required to be licensed but was not licensed pursuant to chapter 444 or if unreasonable advancement of credit was given by the furnisher of materials to the general contractor or subcontractor whether such person is licensed, unlicensed or exempted under chapter 444.

The issue of reasonable advancement of credit shall be decided by the circuit judge at the return day hearing provided for in section 507-43(a); provided that if a party affected by the lien does not appear at the return day hearing, the party may raise the issue of unreasonable advancement of credit at any time prior to the entry of a final or interlocutory decree of foreclosure in the proceeding brought to enforce the lien under section 507-47. For the purposes of this section, if the furnisher of materials has secured a credit application form from the general contractor or the subcontractor to whom the materials were furnished or has reasonably inquired into the credit status of the general contractor or subcontractor, the advancement of credit by the furnisher of materials shall be prima facie reasonable.

The credit application referred to herein shall be current and shall include at least the following information:

A. For all persons:

1. Name

2. Address

3. Type of business (Example - plumbing subcontractor)

4. Date business started

5. Contractor's license number

6. Bonding companies generally used

7. Banks used

8. List of current creditors

9. Balance sheet

10. Total of all outstanding construction contracts $.....

11. Incompleted portion of all contracts $.....

B. In addition, for corporate accounts:

1. Names of officers

2. Authorized capital

3. Paid in capital

C. In addition, for noncorporate accounts:

1. Names of partners, co-venturers, etc.

(b) Anything contained in this chapter to the contrary notwithstanding, no general contractor as defined in this chapter or the general contractor's subcontractor or the subcontractor's subcontractor who is required to be licensed pursuant to chapter 444 shall have lien rights unless the contractor was licensed pursuant to chapter 444 when the improvements to the real property were made or performed, and no subcontractor or subcontractor's subcontractor so licensed shall have lien rights if the work was subcontracted to them by a general contractor as defined in this chapter or the general contractor's subcontractor who was required to be licensed but was not licensed pursuant to chapter 444. [L 1974, c 113, §2; am L 1975, c 181, §8; am L 1976, c 209, §2; am L 2006, c 38, §21]
Haw. Rev. Stat. § 521-37 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-37
Subleases and assignments.
Status: in_force

(a) Unless otherwise agreed to in a written rental agreement and except as otherwise provided in this section, the tenant may sublet the tenant's dwelling unit or assign the rental agreement to another without the landlord's consent.

(b) Subsection (a) does not apply to a tenant of a dwelling unit administered, owned, or subsidized by the United States, the State, a county, or any agency thereof.

(c) A written rental agreement may provide that the tenant's right to sublet the tenant's dwelling unit or assign the rental agreement is subject to the consent of the landlord. [L 1972, c 132, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 501-267 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-267
Reference to prior recorded instrument.
Status: in_force

Any instrument conveying or otherwise dealing with deregistered land 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. § 501-212 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-212
Actions for compensation for fraud, mistake, etc.
Status: in_force

Any person who, without negligence on the person's part, sustains loss or damage, or is deprived of land or of any estate or interest therein, after the original registration of land under this chapter, by the registration of any other person as owner of such land, or of any estate or interest therein, through fraud, or in consequence of any error, omission, mistake, or misdescription in any certificate of title or in any entry of memorandum in the registration book, may prosecute a contract claim in the circuit court for the recovery of compensation for such loss or damage or for such land or estate, or interest therein; provided that when the person deprived of land or of any estate, or interest therein, in the manner above stated, has a remedy for the recovery of the land or of the estate, or interest therein, the person shall exhaust this remedy before resorting to the contract claim herein provided. Nothing in this chapter shall be construed to deprive the plaintiff of any tort claim which the plaintiff may have against any person for loss or damage, or deprivation of land, or of any estate or interest therein. If the plaintiff elects to pursue the plaintiff's tort claim and also the plaintiff's contract claim under this chapter, the contract claim shall be continued to await the result of the tort claim or shall be deemed alternative thereto.
Haw. Rev. Stat. § 510-30 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-30
Short title.
Status: in_force

This part may be cited as the Hawaii Uniform Disposition of Community Property at Death Act.
Haw. Rev. Stat. § 516-107 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-107
Trustee; designation, duties.
Status: in_force

(a) The corporation shall designate a trustee for each issue of revenue bonds secured under the same trust indenture; provided that the trustee shall be approved by the director of finance.

(b) The trustee shall be authorized by the corporation to receive and receipt for, hold, and administer the proceeds of the revenue bonds, and to apply the proceeds to the purposes for which the bonds are issued.

(c) The trustee also shall be authorized by the corporation to hold and administer the acquisition loan program revenue bond special fund established pursuant to section 516-111, and to receive and receipt for, hold, and administer the revenues derived by the corporation from the benefits of the acquisition loan programs for which the revenue bonds are issued and to apply these revenues to the payment of the cost of administering, operating, and maintaining the acquisition loan programs, to pay the principal of and interest on these bonds, to the establishment of reserves, and to other purposes as may be authorized in the proceedings providing for the issuance of the revenue bonds.

(d) Notwithstanding section 39-68, the director of finance may appoint the trustee to serve as fiscal agent for:

(1) The payment of the principal of and interest on the revenue bonds; and

(2) The purchase, registration, transfer, exchange, and redemption of the bonds.

(e) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the revenue bonds and coupons which have been paid and the supervision of the destruction thereof in accordance with the law.

(f) Nothing in this part shall limit or be construed to limit the powers granted to the director of finance in sections 36-3 and 39-13, and the third sentence of section 39-68, to appoint the trustee or others as fiscal agents, paying agents, and registrars for the revenue bonds or to authorize and empower those fiscal agents, paying agents, and registrars to perform the functions referred to in those sections. [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 "39-68" substituted for "39-65". "39-13" substituted for "39-12".
Haw. Rev. Stat. § 526-15 — HI Code / Division 3 / Title 28 / Chapter 526 / Section 526-15
Recording of disclaimer.
Status: in_force

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or registered. Except as otherwise provided in section 526-12(g), failure to file or record the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
Haw. Rev. Stat. § 506-5 — HI Code / Division 3 / Title 28 / Chapter 506 / Section 506-5
Use and possession of mortgaged property.
Status: in_force

In the absence of an agreement to the contrary, the mortgagor of real property or fixtures under a duly recorded mortgage is entitled to the use or possession thereof until default.
Haw. Rev. Stat. § 516-124 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-124
Acquisition loan programs; fees.
Status: in_force

The corporation may establish, revise, charge, and collect fees, premiums, and charges as necessary, reasonable, or convenient, for its acquisition loan programs.

The fees, premiums, and charges shall be deposited into the fee title acquisition loan program revenue bond special fund established for the particular acquisition loan program or part thereof from which the fees, premiums, and charges are derived as determined by the corporation. [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. § 507D-4 — HI Code / Division 3 / Title 28 / Chapter 507D / Section 507D-4
Contesting validity of recorded instruments; injunctions.
Status: in_force

(a) Any party in interest in real or personal property which is subject to a claim of nonconsensual common law lien, who believes the claim of lien is invalid, may file a petition in the appropriate circuit court to contest the validity of that purported lien and to enjoin the lien claimant from making further filings with the registrar. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the petition is based. The procedure for obtaining injunctions and temporary restraining orders shall apply in cases brought under this section or section 507D-7(b).

(b) A debtor who believes the filing of a financing statement was unauthorized, may file a request with the registrar to determine the validity of the filing. Each such request shall identify the financing statement by document number and the requester shall be assessed a reasonable processing fee determined by the registrar. Upon the receipt of the request, the registrar shall send a demand to the secured party by certified or registered mail, at the address set forth on the financing statement, that the secured party provide a copy of the security agreement which purportedly authorized the filing of the financing statement to the registrar no later than thirty days following the postmarked date of the registrar's notice. If the registrar does not receive the security agreement within the thirty-day period, the registrar shall issue to the debtor and accept for filing, a notice of unauthorized filing of financing statement. The filing of a notice of unauthorized filing of financing statement shall effectively terminate the unauthorized financing statement.

(c) Subsections (a) and (b) shall not apply to any instrument that is recorded by the United States, the State, or any county. [L 1996, c 24, pt of §1; am L 1997, c 284, §3; am L 2002, c 145, §4]
Haw. Rev. Stat. § 502-33 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-33
Identification of reference to registration of original.
Status: in_force

(a) If the owner of a fee time share interest acquired title thereto pursuant to a deed or other instrument filed or recorded in the land court pursuant to chapter 501, then the registrar need not accept for recording any deed, mortgage, or other voluntary instrument purporting to convey or affect title to such fee time share interest unless the deed, mortgage, or other voluntary instrument contains a reference to the certificate of title number by which the owner of the fee time share interest acquired title thereto. The term "fee time share interest" as used in this subsection shall have the same meaning as in section 501-20.

(b) Except as otherwise provided in subsection (a), the registrar shall not record any instrument requiring a reference to a prior recorded instrument, unless the same contains a reference to the book and page or document number of the registration of the original recorded instrument or a statement that the original instrument is unrecorded, as the case may be. Except as otherwise provided, every judgment shall contain or have endorsed on it the State of Hawaii general excise taxpayer identification number, the federal employer identification number, or the last four digits only of the social security number for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration of the judgment. Failure to disclose or disclosure of an incorrect social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon registration of the judgment. No amendment, continuation statement, termination statement, statement of assignment, or statement of release relating to security interests in goods which are or are to become fixtures shall be filed unless it complies with the requirements of part 5 of Article 9 of the Uniform Commercial Code. This section does not apply to any document mentioned herein executed prior to April 13, 1915.

The party seeking registration of a judgment shall redact the first five digits of any social security number by blocking the numbers out on the copy of the judgment to be filed or recorded. [L 1915, c 74, §1; RL 1925, §3145; RL 1935, §5132; RL 1945, §12732; RL 1955, §343-23; am L 1966, c 18, §9; HRS §502-33; am L 1972, c 125, §1(b); am L 1989, c 47, §11; am L 1990, c 203, §3; am L 1992, c 197, §9; am L 2001, c 55, §26; am L 2008, c 86, §2; am L 2009, c 5, §3; am L 2012, c 121, §7]
Haw. Rev. Stat. § 502-49 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-49
Certificate of officer, or judge, necessary.
Status: in_force

Every officer who takes the acknowledgment of any instrument shall indorse, subjoin, or attach a certificate thereof, signed by oneself, on the instrument.

Every judge who takes the proof of any instrument shall indorse, subjoin, or attach a certificate thereof, signed by oneself, on the instrument, giving the names of the witnesses examined before the judge, their places of residence, and the substance of the evidence by them given. [L 1909, c 69, §7; RL 1925, §3155; RL 1935, §5141; RL 1945, §12741; RL 1955, §343-33; HRS §502-49; gen ch 1985]
Haw. Rev. Stat. § 516-63 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-63
Free assignability.
Status: in_force

Except as otherwise provided in section 516-35 and restrictions placed in leases by state or county agencies, a lessee may assign the lessee's lease at any time without the approval or consent of the lessor, and the assignee shall have the same rights and obligations under the lease as the original lessee; provided that no assignment shall be effective to transfer any interest in the lease unless the lessor has received:

(1) Either a true executed copy of the assignment or written notice thereof;

(2) A reasonable service charge, except in case of an assignment by way of mortgage or assignment to or by the Federal Housing Administration, Department of Veterans Affairs, or Federal National Mortgage Association or a foreclosure of mortgage or assignment in lieu of foreclosure; and

(3) The written undertaking of the assignee to perform all obligations of the lessee under the lease, which undertaking may be incorporated in the assignment.

No assignment shall release the assignor from liability under the lease unless the lessor consents in writing to the assignment. A consent to the assignment shall be deemed a consent to the release of the assignor from liability under the lease. The lessor shall not require payment of any money for the lessor's consent except the service charge, nor withhold consent unreasonably. Any person acquiring the leasehold estate in consideration of the extinguishment of a debt secured by mortgage of the lease or through foreclosure sale, judicial or otherwise, shall be liable to perform the obligations imposed on the lessee by the lease only during the period the person has possession or ownership of the leasehold estate. [L 1967, c 307, §36; HRS §516-63; am L 1968, c 46, §2k; gen ch 1985; am L 1986, c 218, §1; am L 2017, c 12, §1; am L 2018, c 18, §39]
Haw. Rev. Stat. § 523A-29 — HI Code / Division 3 / Title 28 / Chapter 523A / Section 523A-29
Rules.
Status: in_force

The administrator may adopt, pursuant to chapter 91, rules necessary to carry out this part.
Haw. Rev. Stat. § 516-36 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-36
§§516-36 to 516-39 REPEALED.
Status: repealed

§§516-36 to 516-39 REPEALED. L 1975, c 184, §2(16).
Haw. Rev. Stat. § 516-31 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-31
Disposition by lease.
Status: in_force

The Hawaii housing finance and development corporation may lease any of the residential lots in a development tract at lease rentals and upon terms and conditions as it may determine. The leases shall be subject to all of the rights of lessees enumerated in part III. The corporation, in its discretion, may utilize any of the residential lots and rent out the same for periods of twenty years or less for the purposes set forth in chapter 201H, or for any other purpose, all upon terms and conditions as the corporation may determine.
Haw. Rev. Stat. § 514B-141 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-141
Tort and contract liability; tolling of limitation period.
Status: in_force

(a) A unit owner is not liable, solely by reason of being a unit owner, for any injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the developer is liable for that developer's torts in connection with any part of the condominium that that developer has the responsibility to maintain.

(b) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, may be maintained only against the association and not against any unit owner. If the wrong occurred during any period of developer control and the association gives the developer reasonable notice of and an opportunity to defend against the action, the developer who then controlled the association is liable to the association or to any unit owner for:

(1) All tort losses not covered by insurance suffered by the association or that unit owner; and

(2) All costs that the association would not have incurred but for a breach of contract or other wrongful act or omission, as the same may be established through adjudication.

Whenever the developer is liable to the association under this section, the developer is also liable for all expenses of litigation, including reasonable attorneys' fees, incurred by the association.

(c) Any statute of limitation affecting the association's right of action against a developer is tolled until the period of developer control terminates; provided that, notwithstanding section 657-8, no statute of repose shall affect the association's right of action against a developer sooner than two years after the period of developer control terminates. A unit owner is not precluded from maintaining an action contemplated by this section because the unit owner is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by section 514B- 147. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §24; am L 2023, c 29, § 2]
Haw. Rev. Stat. § 514B-43 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-43
Liens against units.
Status: in_force

(a) For purposes of this section:

"Lien" means a lien created pursuant to chapter 507, part II.

"Visible commencement of operations" shall have the meaning it has in section 507‑41.

(b) If visible commencement of operations occurs prior to the creation of the condominium, then, upon creation of the condominium, liens arising from this work shall attach to all units in the condominium described in the declaration and their respective undivided interests in the common elements, but not to the common elements as a whole. If visible commencement of operations occurs after creation of the condominium, then liens arising from this work shall attach only to the unit or units described in the declaration on which the work was performed in the same manner as other real property, and shall not attach to the common elements.

(c) If the developer contracts for work on the common elements, either on its behalf or on behalf of the association prior to the first meeting of the association, then liens arising from this work may attach to all units owned by the developer described in the declaration at the time of visible commencement of operations.

(d) If the association contracts for work on the common elements after the first meeting of the association, there shall be no lien on the common elements, but the persons contracting with the association to perform the work or supply the materials incorporated in the work shall be entitled to their contractual remedies, if any. [L 2005, c 93, pt of §2; am L 2018, c 18, §33]
Haw. Rev. Stat. § 514E-19 — HI Code / Division 3 / Title 28 / Chapter 514E / Section 514E-19
Protection of purchasers from blanket liens.
Status: in_force

(a) An escrow for the sale of a time share interest in a time share ownership plan may close only if the requirements of any one of the following alternatives for protecting the purchaser have been satisfied:

(1) The time share interest is conveyed to the purchaser free and clear of any blanket liens;

(2) The time share unit is conveyed to a trustee:

(A) Free and clear of any blanket liens under a trust meeting the requirements of sections 514E-22 and 514E-23; or

(B) Under a lien payment trust meeting the requirements of sections 514E-22, 514E-23, 514E-24, and 514E-25;

(3) (A) The time share interest is conveyed to the purchaser subject only to blanket liens:

(i) Where every person holding an interest in the blanket lien has executed and recorded a nondisturbance agreement; or

(ii) For which the director's acceptance of a surety bond or an irrevocable letter of credit meeting the requirements of section 514E-28 has been recorded with respect to that time share unit; and

(B) If legal or equitable title will be held by anyone other than the purchaser, a notice of time share plan is recorded; or

(4) The requirements of any alternative arrangements accepted by the director have been met.

(b) An escrow for the sale of a time share interest in a time share use plan may close only if the requirements of any one of the following alternatives for protecting purchasers have been satisfied:

(1) The time share unit is conveyed to a trustee:

(A) Free and clear of any blanket liens under a trust meeting the requirements of sections 514E-22 and 514E-23; or

(B) Under a lien payment trust meeting the requirements of sections 514E-22, 514E-23, 514E-24, and 514E-25;

(2) A notice of time share plan is recorded and either:

(A) Every person holding an interest in a recorded blanket lien against any time share interests in that time share unit executes and records a nondisturbance agreement; or

(B) The director's acceptance of a surety bond or an irrevocable letter of credit meeting the requirements of section 514E-28 is recorded; or

(3) The requirements of any alternative arrangements accepted by the director have been met.

(c) A time share interest in any time share plan which satisfies the escrow and blanket lien protection requirements of this chapter shall not be deemed a risk capital security under chapter 485A, and the offer or sale of a time share interest therein shall not be deemed the offer or sale of a security. [L 1982, c 186, §7; am L 2006, c 229, §15; am L 2018, c 18, §34]
Haw. Rev. Stat. § 501-20.5 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-20.5
Rules.
Status: in_force

The supreme court of the State of Hawaii shall adopt, amend, and repeal rules relating to the processing of land court documents and instruments.
Haw. Rev. Stat. § 517E-7 — HI Code / Division 3 / Title 28 / Chapter 517E / Section 517E-7
Reviewing compliance.
Status: in_force

Compliance with this chapter shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.
Haw. Rev. Stat. § 516-35.1 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-35.1
Foreclosure and sale by mortgagees.
Status: in_force

If the leased fee, fee simple title or lease to a lot, purchased or acquired from the Hawaii housing finance and development corporation under this chapter is secured by a mortgage held by a lending institution authorized to do business as a lending institution either in the State or elsewhere in the United States, upon foreclosure of the mortgage, the leased fee, the fee simple title or the lease may be sold to any purchaser, including the holder of the mortgage, without regard to whether or not the purchaser is qualified under the provisions of this chapter to own or otherwise acquire the leased fee, the fee simple title, or the lease. The mortgage so held, and the interest so acquired by the purchaser on such foreclosure, shall be freely assignable, notwithstanding the provisions of section 516-35. The term, "lending institution," includes an insurer or guarantor of the obligation or condition of the mortgage, including the Federal Housing Administration, the Federal National Mortgage Association, the Department of Veterans Affairs, or any other federal agency and their respective successors and assigns or any lending institution authorized to do business in the State or elsewhere in the United States; provided that the rights and powers of nongovernmental holders of mortgages shall not be any greater than those of the aforementioned federal agencies.

Notwithstanding any provision in this chapter to the contrary, in sales by the corporation of the leased fee or the fee simple title, or in leases of lots, the corporation may waive or modify any restrictions contained in this chapter, if such waiver or modification is necessary to enable any of aforementioned federal agencies or any lending institution authorized to do business in the State or elsewhere in the United States to participate in any loan secured by a mortgage on the leased fee, the fee simple interest or the lease; provided any such waiver or modification shall not confer any greater rights or powers in the holder than those which would be required by the Federal Housing Administration. [L 1968, c 46, §2i; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2017, c 12, §1]
Haw. Rev. Stat. § 518-1 — HI Code / Division 3 / Title 28 / Chapter 518 / Section 518-1
Unlawful covenants.
Status: in_force

It is unlawful for any person, association, firm, or corporation, as the lessor, to lease agricultural or farm lands with covenants or clauses in the lease stating that the lessee must sell all or a portion of the crop grown on the agricultural or farm lands to the lessor.
Haw. Rev. Stat. § 515-9 — HI Code / Division 3 / Title 28 / Chapter 515 / Section 515-9
Enforcement.
Status: in_force

(a) The civil rights commission has jurisdiction over the subject of real property transaction practices and discrimination made unlawful by this chapter. The commission has the following powers:

(1) To receive, initiate, investigate, seek to conciliate, hold hearings on, and pass upon complaints alleging violations of this chapter in accordance with the procedure established in chapter 368, except that investigations shall be completed within one hundred days and a final administrative disposition shall be made within one year of the date of the receipt of the complaint, unless impracticable to do so;

(2) At any time after a complaint is filed, to require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation, and require the production of documents relevant to the complaint. Before a finding of reasonable cause, chapter 368 to the contrary notwithstanding, the commission may issue a notice of right to sue upon written request of the complainant which must be exercised within ninety days of receipt of the notice or one year after the filing of the complaint, whichever is later. The commission may make rules authorizing any individual designated to exercise these powers in the performance of official duties;

(3) Chapter 368 to the contrary notwithstanding, after a finding of reasonable cause, to notify the complainant, respondent, or an aggrieved person on whose behalf the complaint was filed, that an election may be made to file a civil action in lieu of an administrative hearing. The election must be made not later than twenty days after receipt by the electing party of the notice. The electing party shall be provided with a notice of right to sue which must be exercised within ninety days of receipt of that notice or one year after the filing of the complaint, whichever is later. The commission will provide legal representation to the complainant in the event of an election by any party. After the filing of a civil action, the parties may stipulate to have the matter remanded for an administrative hearing;

(4) To furnish technical assistance requested by persons subject to this chapter to further compliance with the chapter or an order issued thereunder;

(5) To make studies appropriate to effectuate the purposes and policies of this chapter and to make the results thereof available to the public;

(6) To render at least annually a comprehensive written report to the governor and to the legislature. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this chapter; and

(7) In accordance with chapter 91, to adopt rules to effectuate the purposes and policies of this chapter, including rules requiring the inclusion in advertising material of notices prepared or approved by the commission.

(b) Nothing in chapter 368 or this section shall be deemed to preclude an aggrieved person from filing a civil action for discriminatory practices made unlawful by this chapter no later than two years after the occurrence or the termination of an alleged discriminatory practice; provided that, notwithstanding section 368-12, the commission shall issue a right to sue on a complaint filed with the commission if it determines that a civil action alleging similar facts has been filed.

(c) In a civil action filed under subsection (b), the remedies ordered by the court may include remedies as provided under sections 368-17 and 515-13 such as compensatory and punitive damages, legal and equitable relief, and reasonable attorney's fees and costs. [L 1967, c 193, §9; HRS §515-9; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1989, c 386, §13; am L 1992, c 171, §9; am L 2012, c 85, §1]
Haw. Rev. Stat. § 519-1 — HI Code / Division 3 / Title 28 / Chapter 519 / Section 519-1
Lease renegotiations; calculation of rent; definition.
Status: in_force

(a) Whenever any agreement or document for the lease of private lands provides for the renegotiation of the rental amount or other recompense during the term of the lease and such renegotiated rental amount or other recompense is based, according to the terms of the lease, in whole or in part upon the fair market value of the land, or the value of the land as determined by its highest and best use, or words of similar import, such value, for the purposes of determining the amount of rental or other recompense, shall be calculated upon the use to which the land is restricted by the lease document.

(b) The term "lease", "lease agreement", or "document" as used in this section, means a conveyance leasing privately-owned land by a fee simple owner as lessor, or by a lessee as sublessor, to any person, for a term exceeding five years, in consideration of a return of rent or other recompense. [L 1969, c 267, §1]
Haw. Rev. Stat. § 514C-5 — HI Code / Division 3 / Title 28 / Chapter 514C / Section 514C-5
Offer to other prospective purchasers; time limit.
Status: in_force

No lessor shall sell the leased fee interest in any land under a condominium project or cooperative project containing one or more residential units or any part thereof to any party other than the association of owners or cooperative housing corporation for that project until a right of first refusal for the purchase of that interest has been offered as required by this part and has been rejected in writing by the board of directors, except in the case of sales to individual condominium unit lessees or cooperative unit lessees, which shall be subject to the requirements of section 514C-6.5; provided that an offer made pursuant to sections 514C-2, 514C-3, and 514C-6.5 shall be deemed to be rejected if not accepted in writing by the board of directors of the condominium project or the cooperative housing corporation within one hundred twenty days of its receipt of the written notice from the seller, as evidenced by the return receipts, or if the sale, through no fault of the seller, has not closed upon the purchase of one hundred per cent of the interest being sold within one hundred eighty days of receipt by the board of directors of such written notice, as evidenced by the return receipts. In the event that closing is delayed due to any fault of the seller, the deadline for closing shall be extended for a period of time equal to the delay caused by the seller.
Haw. Rev. Stat. § 502-52 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-52
Signatures of certain state officers, acknowledgments not required.
Status: in_force

In the case of an official signature entitled to be judicially noticed pursuant to section 626-1, rule 901 or 902, the signature shall suffice to show due execution by the officer signing the instrument and the officer is not required to acknowledge the instrument in order to entitle it to be recorded.
Haw. Rev. Stat. § 517E-3 — HI Code / Division 3 / Title 28 / Chapter 517E / Section 517E-3
Standard of conduct in managing and investing an institutional fund.
Status: in_force

(a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund.

(b) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances.

(c) In managing and investing an institutional fund, an institution shall:

(1) Incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution, and the skills available to the institution; and

(2) Make a reasonable effort to verify facts relevant to the management and investment of the fund.

(d) An institution may pool two or more institutional funds for purposes of management and investment.

(e) Except as otherwise provided by a gift instrument, the following rules apply:

(1) In managing and investing an institutional fund, the following factors, if relevant, shall be considered:

(A) General economic conditions;

(B) The possible effect of inflation or deflation;

(C) The expected tax consequences, if any, of investment decisions or strategies;

(D) The role that each investment or course of action plays within the overall investment portfolio of the fund;

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

(F) Other resources of the institution;

(G) The needs of the institution and the fund to make distributions and to preserve capital; and

(H) An asset's special relationship or special value, if any, to the charitable purposes of the institution;

(2) Management and investment decisions about an individual asset shall not be made in isolation but rather in the context of the institutional fund's portfolio of investments as a whole and an overall investment strategy having risk and return objectives reasonably suited to the fund and to the institution;

(3) Except as otherwise provided by law other than this chapter, an institution may invest in any kind of property or type of investment consistent with this section;

(4) An institution shall diversify the investments of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification;

(5) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or the rebalancing of a portfolio, to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution as necessary to meet other circumstances of the institution and the requirements of this chapter; and

(6) A person who has special skills or expertise, or is selected in reliance upon the person's representation that the person has special skills or expertise, has a duty to use those skills or that expertise in managing and investing institutional funds. [L 2009, c 135, pt of §1]
Haw. Rev. Stat. § 521-22 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-22
Term of rental agreement.
Status: in_force

The landlord and tenant may agree in writing to any period as the term of the rental agreement. In the absence of such agreement, the tenancy shall be month to month or, in the case of boarders, week to week.
Haw. Rev. Stat. § 510-8 — HI Code / Division 3 / Title 28 / Chapter 510 / Section 510-8
Property subject to obligations.
Status: in_force

(a) The separate property of the wife is liable for debts contracted at any time by the wife and liabilities of the wife arising at any time out of tort or otherwise, including any such debts or liabilities by reason of any transaction entered into or action taken by the wife relating to the management or control or disposition of or other dealing with or for the protection or benefit of the community property, but is not liable for debts or liabilities of the husband.

(b) The separate property of the husband is liable for debts contracted at any time by the husband and liabilities of the husband arising at any time out of tort or otherwise, including any such debts or liabilities by reason of any transaction entered into or action taken by the husband relating to the management or control or disposition of or other dealing with or for the protection or benefit of the community property, but is not liable for debts or liabilities of the wife.

(c) The community property is liable for debts contracted by the husband or by the wife or by both, and for liabilities of the husband or the wife or both arising out of tort or otherwise, in any transaction entered into or action taken by the husband or the wife or both relating to the management or control or disposition of or other dealing with or for the protection or benefit of the community property. With respect to the liability of community property for such debts and liabilities, no distinction shall be made between community property subject to the management and control of the wife and community property subject to the management and control of the husband.

(d) As between the community property and the separate property of the wife or of the husband the community property is liable for the debts and liabilities referred to in subsection (c).

(e) The earnings of the wife and the rents, issues, incomes, and other profits of the separate property of the wife are liable for debts contracted by the wife prior to the inception of the community and the liabilities of the wife arising prior to the inception of the community out of tort or otherwise.

(f) The earnings of the husband and the rents, issues, incomes, and other profits of the separate property of the husband are liable for debts contracted by the husband prior to the inception of the community and the liabilities of the husband arising prior to the inception of the community out of tort or otherwise.

(g) As between the community property and the separate property of the wife or of the husband, the separate property is liable for the debts and liabilities referred to in subsections (e) and (f) of this section. For the purposes of subsections (e) and (f) the inception of the community is the marriage of the husband and wife or June 1, 1945, whichever is the later.

(h) Nothing in this section shall affect or modify the obligation of both spouses to support one another and their family and to discharge all debts contracted by the other for necessaries for themselves and their family during marriage; provided that if and whenever there is community property available for such purpose both spouses are entitled to resort to the community property rather than to their respective separate property.

(i) Nothing in this section shall prevent the wife or the husband from mortgaging or pledging her or his separate property or prevent the wife and the husband from joining in a mortgage or pledge of community property as security for any indebtedness whether of the wife or of the husband or both. [L 1945, c 273, pt of §1; RL 1955, §326-8; HRS §510-8; am L 1984, c 100, §2]
Haw. Rev. Stat. § 508D-13 — HI Code / Division 3 / Title 28 / Chapter 508D / Section 508D-13
Later material facts.
Status: in_force

Information in a disclosure statement that has not been disclosed or becomes inaccurate regarding a material fact as a result of an act, agreement, or occurrence (or otherwise becomes known to seller) after the statement is provided to the buyer does not violate this chapter. However, if such information directly, substantially, and adversely affects the value of the residential real property, the seller shall provide an amended disclosure statement to the buyer disclosing the material fact within ten calendar days after the seller's discovery of such information if the seller discovers such information prior to the recorded sale of the residential real property, and in any event, no later than twelve noon of the last business day prior to the recorded sale of the real property. The buyer shall have fifteen calendar days to examine the amended disclosure statement and, if the buyer was not already aware of such information, to rescind the real estate purchase contract in accordance with section 508D-5(b) or (c). The buyer's right to rescind the real estate purchase contract under this section shall not apply if the sale of the residential real property has been recorded; provided that the buyer may pursue all additional remedies provided by law.
Haw. Rev. Stat. § 521-79 — HI Code / Division 3 / Title 28 / Chapter 521 / Section 521-79
Definitions.
Status: in_force

For the purposes of this part, "domestic violence" shall have the same meaning as "domestic abuse" as defined in section 586-1.
Haw. Rev. Stat. § 516-111 — HI Code / Division 3 / Title 28 / Chapter 516 / Section 516-111
Revenue bonds; special funds.
Status: in_force

A separate special fund shall be established in accordance with section 39-62 for each acquisition loan program or part thereof financed from the proceeds of the revenue bonds secured under the same trust indenture.
Haw. Rev. Stat. § 501-269 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-269
Jurisdiction for matters pertaining to deregistered land.
Status: in_force

The land court shall have jurisdiction over all matters relating to instruments required by this part to be registered pursuant to this chapter. Where any party is in doubt as to whether an instrument must be registered, the question shall be referred to the land court for decision; and the court, after notice to all parties and a hearing, shall enter an order determining the question. Notice to the owner of a fee time share interest shall be given by mailing notice to the association of time share owners required to be established pursuant to section 514E-29, and the association shall represent the owners in any matters and proceedings, without prejudice to the right of any individual owner to appear and be heard as a separate party. Except as expressly provided in this section, nothing in this part shall deprive the land court of exclusive jurisdiction pursuant to section 501-1 over registered land, or any interest therein, other than registered land that becomes deregistered land. The circuit court shall have jurisdiction, pursuant to section 603-21.5(a)(3), over:

(1) All matters relating to instruments required by this part to be recorded pursuant to chapter 502;

(2) All other matters pertaining to deregistered land (except those in which jurisdiction is vested in the land court pursuant to this section); and

(3) All matters as to which jurisdiction would otherwise lie in the land court in part and in the circuit court in part. [L 2009, c 120, pt of §2, §21; am L 2013, c 119, §11]
Haw. Rev. Stat. § 502C-1 — HI Code / Division 3 / Title 28 / Chapter 502C / Section 502C-1
Definitions.
Status: in_force

Unless it is plainly evident from the context that a different meaning is intended, as used herein:

"Apartment" means a part of the property of a condominium project intended for any type of use or uses, and with an exit to a public street or highway or to a common element or elements leading to a public street or highway, and may include such appurtenances as garage and other parking space, storage room, balcony, terrace, and patio.

"Association" means:

(1) All of the apartment owners acting as a group in accordance with the bylaws and declaration; and

(2) A nonprofit, incorporated, or unincorporated organization upon which responsibilities are imposed and to which authority is granted in a declaration that governs a planned community,

and includes any other governing body of a residential community with common elements and common interests.

"Common elements" or "common area" means:

(1) The same as "common elements" as defined in section 514B-3; and

(2) Real property within a planned community that is owned or leased by the association or is otherwise available for the use of its members or designated as common area in or pursuant to the declaration.

"Condominium" means the ownership of single apartments, with common elements, located on property within a condominium property regime.

"Declaration" means:

(1) The instrument by which property is submitted to chapter 514B or any predecessor thereto, as provided in that chapter, and such declaration as from time to time amended; and

(2) Any recorded instrument, however denominated, that imposes on an association maintenance or operational responsibilities for the common area and creates the authority in the association to impose on units, or on the owners or occupants of the units, any mandatory payment of money as a regular annual assessment or otherwise in connection with the provisions, maintenance, or services for the benefit of some or all of the units, the owners, or occupants of the units or the common areas, including any amendment or supplement to the instrument.

"Family child care home" means a private residence, including an apartment, unit, or townhouse, where care may be provided for three to no more than six children, who are unrelated to the caregiver by blood, marriage, or adoption at any given time.

"Planned community" has the same meaning as set forth in section 421J-2.

"Townhouse" means a series of individual apartments or units having architectural unity and common elements, with each apartment or unit extending from ground to roof or from the first or second floor to roof, and where apartments or units may share a common wall or be freestanding structures, including townhouse projects that are governed by chapters 514B and 421J, as well as projects that are not governed by those chapters but are governed by an association; provided that "townhouse" shall not include any apartments or units located in a building of more than three stories.

"Unit" means a physical portion of a planned community designated for separate ownership or occupancy. [L 1999, c 242, pt of §1, §8(2); am L 2001, c 225, §3; am L 2004, c 164, §19; am L 2005, c 20, §1; am L 2008, c 28, §13; am L 2017, c 181, §27]
Haw. Rev. Stat. § 501-31 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-31
Transfers pending application; temporary record; final record.
Status: in_force

After the filing of an application, and before registration, the land therein described may be dealt with and instruments relating thereto shall be recorded and indexed by the registrar of conveyances in the usual manner and also entered in the index of applications; provided that such instruments shall state that application to register the land is pending and shall state the application number. A certified copy thereof shall be filed with the application. When any such instrument purports to convey the whole or any interest in the land, the original instrument, with the original signature, after recording shall be sent to the land court and filed with the application, whereupon the certified copy may be withdrawn.

As soon as an application is disposed of, the registrar shall make a memorandum stating the disposition of the case and shall send the same to the assistant registrar, who shall record and index it with the records of deeds in the bureau of conveyances, and in the index of applications. If the proceedings upon the application end in a decree of registration of title the land included therein shall, as soon as the decree is transcribed, as provided in section 501-75, become registered land. Thereafter no deeds or other instruments relating solely to such land shall be recorded with the records of deeds, but shall be registered in the registration book and filed or recorded and indexed with the records and documents relating to registered land. [L 1903, c 56, §29; RL 1925, §3218; am L 1927, c 258, §5; RL 1935, §5022; RL 1945, §12622; RL 1955, §342-23; HRS §501-31; am L 1986, c 246, §3; am L 1995, c 22, §3]
Haw. Rev. Stat. § 514B-67 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-67
Termination of registration.
Status: in_force

(a) The commission, after notice and hearing, may issue an order terminating the registration of a condominium project upon determination that a developer, or any officer, principal, or affiliate of a developer has:

(1) Failed to comply with a cease and desist order issued by the commission affecting that condominium project;

(2) Concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of units in that condominium project;

(3) Failed to perform any stipulation or agreement made to induce the commission to issue an order relating to that condominium project;

(4) Misrepresented or failed to disclose a material fact in the application for registration;

(5) Failed to meet any of the conditions described in this part necessary to qualify for registration; or

(6) Failed to conform or comply with county zoning and development ordinances as required by chapter 205, including section 205-4.6 where applicable, and section 514B-5.

(b) A developer may not convey, cause to be conveyed, or contract for the conveyance of any interest in a unit while an order revoking the registration of the condominium project is in effect, without the consent of the commission.

(c) The commission may issue a cease and desist order in lieu of an order of revocation where appropriate. [L 2005, c 93, pt of §3; am L 2014, c 49, §7]
Haw. Rev. Stat. § 514B-61 — HI Code / Division 3 / Title 28 / Chapter 514B / Section 514B-61
General powers and duties of commission.
Status: in_force

(a) The commission may:

(1) Adopt, amend, and repeal rules pursuant to chapter 91;

(2) Assess fees;

(3) Conduct investigations, issue cease and desist orders, and bring an action in any court of competent jurisdiction to enjoin persons, consistent with and in furtherance of the objectives of this chapter;

(4) Prescribe forms and procedures for submitting information to the commission; and

(5) Prescribe the form and content of any documents required to be submitted to the commission by this chapter.

(b) If it appears that any person has engaged, is engaging, or is about to engage in any act or practice in violation of this part, part V, section 514B‑103, 514B‑132, 514B‑134, 514B‑149, sections 514B‑152 to 514B‑154, section 514B‑154.5, or any of the commission's related rules or orders, the commission, without prior administrative proceedings, may maintain an action in the appropriate court to enjoin that act or practice or for other appropriate relief. The commission shall not be required to post a bond or to prove that no adequate remedy at law exists in order to maintain the action.

(c) The commission may exercise its powers in any action involving the powers or responsibilities of a developer under this part, part V, section 514B‑103, 514B‑132, 514B‑134, 514B‑149, sections 514B‑152 to 514B‑154, or section 514B‑154.5.

(d) The commission may accept grants-in-aid from any governmental source and may contract with agencies charged with similar functions in this or other jurisdictions, in furtherance of the objectives of this chapter.

(e) The commission may cooperate with agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices, and may develop information that may be useful in the discharge of the commission's duties.

(f) In issuing any cease and desist order or order rejecting or revoking the registration of a condominium project, the commission shall state the basis for the adverse determination and the underlying facts.

(g) The commission, by rule, may require bonding at appropriate levels over time, escrow of portions of sales proceeds, or other safeguards to assure completion of all improvements that a developer is obligated to complete, or has represented that it will complete. [L 2005, c 93, pt of §3; am L 2014, c 188, §3]
Haw. Rev. Stat. § 501-7 — HI Code / Division 3 / Title 28 / Chapter 501 / Section 501-7
Registrar; powers, duties.
Status: in_force

The registrar shall be under the direction of the court, and shall have the custody and control of all papers and documents filed with the registrar under this chapter, and shall carefully number and index the same. The papers and documents shall be kept in Honolulu in an office to be called the land registration office, which shall be near the land court. The registrar may, with the sanction of the court, employ such clerks and messengers as are necessary.
Haw. Rev. Stat. § 502-17 — HI Code / Division 3 / Title 28 / Chapter 502 / Section 502-17
Filing of; data on plans; monuments; metes and bounds descriptions.
Status: in_force

(a) The registrar shall accept and file in the registrar's office, upon the payment of the fee as provided in section 502-25, any plan of land prepared in the manner prescribed by this section. Every plan shall contain:

(1) A short name of the tract;

(2) The name of the ahupuaa or ili, district, and island;

(3) Data concerning the original title of the land as may be known, together with the name of the last owner of record and the owner's address;

(4) The signature and address of the surveyor;

(5) The signature and address of the maker;

(6) The date of survey, scale, the meridian line, area, and the true azimuths and lengths of principal lines;

(7) The names of all known adjoining owners; and

(8) If the land is deregistered pursuant to part II of chapter 501:

(A) An application or consolidation number;

(B) A map number;

(C) A lot number; and

(D) The document numbers of the canceled certificate of title.

One or more durable monuments shall be placed on the land, shall connect with the government triangulation system, and shall be placed as indicated on the plan, unless the land is being deregistered pursuant to part II of chapter 501. Whenever the land platted is made up of more than one original title, it shall be necessary to show all original title lines in broken lines as follows:

------- .. ------- .. ------- .. -------

(b) The plan shall first be referred to the department of accounting and general services of the State which shall cause the same to be checked as to form and mathematical correctness but not on the ground. If the plan is drawn in accordance with this section and sections 502-18 and 502-19, the department shall indorse its approval of the plan on the face thereof, after which the plan may be filed of record. The department shall withhold approval of any plan until satisfied that the surveyor and maker of the plan is a licensed professional surveyor.

(c) Plans for the subdivision of land situated in any county shall, before approval by the department, be subject to approval by the appropriate officer, agency, or agencies in like manner as subdivisions under applicable laws.

(d) On receipt for recordation of a transfer or separate description document concerning a lot in a subdivision, the registrar shall accept and file the document with:

(1) A metes and bounds description, either solely or as part of the document;

(2) A county certified plat map, unless the land is being deregistered pursuant to part II of chapter 501; and

(3) A letter from a licensed professional surveyor, certifying that the metes and bounds description conforms to the accompanying plat map.

The document shall otherwise comply with the requirements for recordation under this section. Any parcel created or subdivided before the effective date of the subdivision laws of the respective counties is exempt from the provisions of this subsection.

(e) For checking the survey and plan as to form and mathematical correctness, the department shall charge $2 an hour and shall require the owner of the land to deposit the estimated cost thereof before making such check.

(f) All fees collected under this section, except as provided under sections 501-23.5 and 502-25 for the bureau of conveyances special fund, shall be deposited in the state treasury to the credit of the general fund. [L 1905, c 23, §1; am L 1913, c 82, §1; am L 1915, c 68, §1; RL 1925, §3134; am L 1931, c 63, §2; am L 1932 2d, c 31, §1; am L 1933, c 24, §1; RL 1935, §5120; am L 1939, c 242, pt of §11; RL 1945, §12720; am L 1949, c 222, §14; am L 1951, c 271, §4; RL 1955, §343-11; am L 1957, c 316, §25; am L Sp 1959 2d, c 1, §12; am L 1963, c 123, §1; HRS §502-17; gen ch 1985; am L 1987, c 303, §1; am L 1988, c 141, §56; am L 2001, c 130, §2; am L 2021, c 187, §4]