reglab/housing_qa huggingface dataset:
HI Rev Stat § 514E-19 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-19 Protection of purchasers from blanket liens.

  §514E-19 Protection of purchasers from blanket liens. (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]
HI Rev Stat § 514E-20 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-20 Effect of recording a nondisturbance agreement.

  §514E-20 Effect of recording a nondisturbance agreement. 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. [L 1982, c 186, §8]
HI Rev Stat § 514E-21 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-21 Effect of recording a notice of time share plan.

  §514E-21 Effect of recording a notice of time share plan. When a notice of time share plan is recorded, claims by creditors of the developer and claims upon, or by successors to, the interest of the title holder who executed the notice of time share plan, shall be subordinate to the interest of owners whose purchase of time share interests in the time share plan is closed after the notice of time share plan is recorded. The recording of a notice of time share plan shall not affect:  (1) The rights or lien of a lienholder whose lien was recorded prior to the notice of time share plan;  (2) The rights of the holder of an option recorded before the notice of time share plan;  (3) The rights or lien of a lienholder having a purchase money lien on a time share interest. [L 1982, c 186, §9]
HI Rev Stat § 514E-22 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-22 General requirements for trusts.

  §514E-22 General requirements for trusts. If time share units are required to be conveyed to a trustee pursuant to section 514E-19, the trust instrument must provide for at least the following:   (1) Title to the time share units must be transferred to the trustee before the purchaser's funds are disbursed by the escrow agent.   (2) The trustee shall not convey or transfer the time share units except for any units with respect to which no owner has any further right of occupancy or as permitted in section 514E-26.   (3) The trustee shall be prohibited from encumbering the time share units unless the director shall consent thereto. Such consent shall be given if the trust shall meet all of the requirements of section 514E-24 or all requirements of one of the alternative provisions in section 514E-19 are then satisfied.   (4) The association on behalf of the owners must expressly be made a third party beneficiary of the trust.   (5) Notice of the intention of the trustee to resign must be given to the director at least ninety days before the resignation takes effect.   (6) No amendment of the trust instrument adversely affecting the interests or rights of owners may be made without the written approval of the association.   (7) Any other provisions required by the director as provided by rules adopted pursuant to chapter 91. [L 1982, c 186, §10]
HI Rev Stat § 514E-23 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-23 Requirements for trustees.

  §514E-23 Requirements for trustees. If time share units are conveyed to a trustee pursuant to section 514E-19, the following requirements shall be met:  (1) The trustee must be a bank, savings and loan association, or a trust company meeting the requirements of any rules adopted by the director pursuant to chapter 91.  (2) The trustee must at all times:  (A) Maintain fidelity bonds in a form approved by the director in such amounts and providing coverage as required by rules adopted by the director pursuant to chapter 91; and  (B) Maintain a policy of errors and omissions insurance in a form approved by the director in such amounts and providing coverage as required by rules adopted by the director pursuant to chapter 91. [L 1982, c 186, §11]
HI Rev Stat § 514E-26 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-26 Termination of a trust.

  §514E-26 Termination of a trust. (a) In the case of a time share use plan, the trust for the time share units shall be irrevocable during the time that any owner of a time share interest has a right to the occupancy of a time share unit, except as provided in subsection (c).  (b) In a time share ownership plan, the trust for a time share unit shall be irrevocable until all blanket liens are extinguished, except as provided in subsection (c).  (c) The developer may elect to terminate the use of a trust for a time share unit if, at a later date[:]  (1) The trustee records a notice of time share plan after the recording of either:  (A) Nondisturbance agreements executed by every lienholder who has a blanket lien against the time share unit, or  (B) The director's acceptance of a surety bond or irrevocable letter of credit for that unit; or  (2) The director approves alternative arrangements [that] permit the termination of the trust. [L 1982, c 186, §14]
HI Rev Stat § 514E-27 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-27 Alternative arrangements for purchaser protection.

  §514E-27 Alternative arrangements for purchaser protection. (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]
HI Rev Stat § 514E-28 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-28 Requirements for surety bonds and letters of credit.

  §514E-28 Requirements for surety bonds and letters of credit. Any surety bond or irrevocable letter of credit furnished to the director pursuant to section 514E-19 must be in an amount which is not less than one hundred ten per cent of the remaining principal balance of every indebtedness secured by a blanket lien related to the time share unit. Any such bond must be issued by a surety authorized to do business in the State and having sufficient net worth to be acceptable to the director. Any such letter of credit must be irrevocable and must be drawn upon a bank, savings and loan association, or other financial institution authorized to do business in the State and having a sufficient net worth to be acceptable to the director. The bond or irrevocable letter of credit shall provide for payment (up to the limit of such bond or letter of credit) of all amounts secured by the blanket lien, including costs, expenses, and legal fees of the lienholder, if for any reason the blanket lien is enforced. The beneficiary of any such letter of credit and the obligee of any such bond shall be the director on behalf of the owners. The bond or irrevocable letter of credit may be reduced periodically in proportion to the reduction of the remaining principal balance of the indebtedness secured by the blanket liens. Upon being furnished with a surety bond or irrevocable letter of credit satisfying the foregoing requirements, the developer shall prepare and the director shall execute and acknowledge a document in recordable form accepting such surety bond or irrevocable letter of credit and identifying the time share units to which it applies. [L 1982, c 186, §16]
HI Rev Stat § 514E-30 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-30 Scope of chapter.

  §514E-30 Scope of chapter. 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. [L 1982, c 186, §18; am L 2001, c 70, §1; am L 2014, c 70, §4] Case Notes  Plaintiffs, timeshare owners, lacked standing to pursue claims under § §514E-11 and 514E-11.1 against defendants, timeshare resort operators, because the offer and sale of plaintiffs' timeshare interest occurred outside of Hawaii. 165 F. Supp. 3d 955 (2016).
HI Rev Stat § 514E-31 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514E. Time Sharing Plans|514E-31 Private right of action.

  §514E-31 Private right of action. Nothing in this chapter shall be construed to preclude a person aggrieved by a violation of this chapter from filing an action in court for civil damages. A violation of this chapter shall be deemed a cause of action for the purpose of the court action. [L 1997, c 249, pt of §2]
HI Rev Stat § 515-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|515. Discrimination in Real Property Transactions|515-1 Construction.

  §515-1 Construction. This chapter shall be construed according to the fair import of its terms and shall be liberally construed. [L 1967, c 193, pt of §1; HRS §515-1]
HI Rev Stat § 515-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|515. Discrimination in Real Property Transactions|515-4 Exemptions.

  §515-4 Exemptions. (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] Law Journals and Reviews  Airbnb in Paradise: Updating Hawai`i's Legal Approach Towards Racial Discrimination in the Sharing Economy. 39 UH L. Rev. 435 (2017).
HI Rev Stat § 515-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|515. Discrimination in Real Property Transactions|515-5 Discriminatory financial practices.

  §515-5 Discriminatory financial practices. It is a discriminatory practice for a person, a representative of such person, or a real estate broker or salesperson, to whom an inquiry or application is made for financial assistance in connection with a real estate transaction or for the construction, rehabilitation, repair, maintenance, or improvement of real property, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection:  (1) To discriminate against the applicant;  (2) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance that indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination unless the records are required by federal law;  (3) To discriminate in the making or purchasing of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling, or the making or purchasing of loans or the provision of other financial assistance secured by residential real estate; or  (4) To discriminate in the selling, brokering, or appraising of residential real property. [L 1967, c 193, §5; HRS §515-5; am L 1971, c 124, §2; am L 1976, c 159, §5; am L 1989, c 391, §3; am L 1990, c 275, §5; am L 1992, c 33, §5 and c 171, §5; am L 2005, c 214, §5]
HI Rev Stat § 515-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|515. Discrimination in Real Property Transactions|515-6 Restrictive covenants and conditions.

  §515-6 Restrictive covenants and conditions. (a) Every provision in an oral agreement or a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection, is void.  (b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection is void, except a limitation, on the basis of religion, on the use of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.  (c) It is a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title. [L 1967, c 193, §6; HRS §515-6; am L 1971, c 124, §3; am L 1976, c 159, §6; am L 1989, c 391, §4; am L 1990, c 275, §6; am L 1992, c 33, §5 and c 171, §6; am L 2005, c 214, §6]
HI Rev Stat § 515-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|515. Discrimination in Real Property Transactions|515-7 Blockbusting.

  §515-7 Blockbusting. It is a discriminatory practice for a person, representative of a person, or a real estate broker or salesperson, for the purpose of inducing a real estate transaction from which the person, representative, or real estate broker or salesperson may benefit financially, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection:  (1) To represent that a change has occurred or will or may occur in the composition of the owners or occupants in the block, neighborhood, or area in which the real property is located; or  (2) To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the real property is located. [L 1967, c 193, §7; HRS §515-7; am L 1971, c 124, §4; am L 1976, c 159, §7; gen ch 1985; am L 1990, c 275, §7; am L 1992, c 33, §5 and c 171, §7; am L 2005, c 214, §7]
HI Rev Stat § 515-8 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|515. Discrimination in Real Property Transactions|515-8 Religious institutions.

  §515-8 Religious institutions. It is not a discriminatory practice for a religious institution or organization or a charitable or educational organization operated, supervised, or controlled by a religious institution or organization to give preference to members of the same religion in a real property transaction, unless membership in such religion is restricted on account of race, color, or ancestry. [L 1967, c 193, §8; HRS §515-8; am L 1971, c 124, §5; am L 1992, c 171, §8]
HI Rev Stat § 515-13 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|515. Discrimination in Real Property Transactions|515-13 Remedies.

  §515-13 Remedies. (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]
HI Rev Stat § 515-14, 515-15 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|515. Discrimination in Real Property Transactions|515-14, 515-15 REPEALED.

  § §515-14, 515-15 REPEALED. L 1989, c 386, § §25, 26.