reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-9 Good faith and due care in preparing the disclosure statement.

§508D-9 Good faith and due care in preparing the disclosure statement.
(a) A seller or the seller's agent shall prepare the disclosure statement in good faith and with due care. A buyer shall have no cause of action against a seller or seller's agent for, arising out of, or relating to the providing of a disclosure statement when the disclosure statement is prepared in good faith and with due care. For purposes of this section, "in good faith and with due care" includes honesty in fact in the investigation, research, and preparation of the disclosure statement and may include information on the following:
(1) Facts based on only the seller's personal knowledge;
(2) Facts provided to the seller by governmental agencies and departments;
(3) Existing reports prepared for the seller by third-party consultants, including without limitation a:
(A) Licensed engineer;
(B) Land surveyor;
(C) Geologist;
(D) Wood-destroying insect control expert; or
(E) Contractor, or other home inspection expert;
dealing with matters within the scope of the professional's license or expertise for the purpose of the disclosure statement; and
(4) Facts provided to the seller by a managing agent of a homeowner's association, including without limitation, a condominium, cooperative, or community association.
Notwithstanding this subsection, a seller or seller's agent shall be under no obligation to engage the services of any person in the investigation, research, or preparation of the disclosure statement. The failure to engage the services of any such person for this purpose shall not be deemed an absence of good faith or due care by the seller or the seller's agent in the investigation, research, or preparation of the disclosure statement. The delivery to the buyer of reports or facts within the scope of paragraph (2), (3), or (4) after the date of the initial disclosure statement shall be considered an amendment of the disclosure statement.
(b) The representations contained in the disclosure statement shall be construed to be made only to, and for the benefit of, the buyer and shall be deemed accurate only as to the time when made, except as otherwise provided in section 508D-13. [L 1994, c 214, pt of §2; am L 1996, c 161, §9; am L 2001, c 224, §5; am L 2013, c 186, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-10.5 Energy-efficiency consumer information in sale or lease of real property. Prior to the sale of residential real property, the property owner shall make a good faith declaration of electricity cost based on the most recent three-month period in which the property was occupied prior to the date of the seller's disclosure, pursuant to chapter 508D. This declaration shall only apply where the owner directly pays the electrical utility bills, and shall not apply in the case of a foreclosure of residential real property or where there are no electrical utility accounts associated with the property. [L 2009, c 155, pt of §11]

§508D-10.5
Energy-efficiency consumer information in sale or lease of real property
. Prior to the sale of residential real property, the property owner shall make a good faith declaration of electricity cost based on the most recent three-month period in which the property was occupied prior to the date of the seller's disclosure, pursuant to chapter 508D. This declaration shall only apply where the owner directly pays the electrical utility bills, and shall not apply in the case of a foreclosure of residential real property or where there are no electrical utility accounts associated with the property. [L 2009, c 155, pt of §11]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-11 Disclosure form.

§508D-11 Disclosure form.
In addition to the other information required by this chapter, the form for the disclosure statement shall include the following:
(1) A notice to the buyer that the buyer may wish to obtain professional advice and inspections of the residential real property;
(2) A notice to the buyer that the information contained in the disclosure statement is the representation of the seller and not the representation of the seller's agent (except as to those representations, if any, specifically identified as being made by the seller's agent and not by the seller); and
(3) A notice of the buyer's rescission rights pursuant to this chapter. [L 1994, c 214, pt of §2; am L 1996, c 161, §11; am L 2001, c 224, §6]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-12 Indication of receipt of disclosure statement.

§508D-12 Indication of receipt of disclosure statement.
(a) The buyer shall indicate receipt of the seller's disclosure statement on the real estate purchase contract, or in any addendum attached to the contract, or in a separate document.
(b) Receipts taken for the disclosure statement shall be kept on file in possession of the seller or seller's agent for a period of three years from the date the receipt was taken. [L 1994, c 214, pt of §2; am L 1996, c 161, §12]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-13 Later material facts.

§508D-13 Later material facts.
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. [L 1994, c 214, pt of §2; am L 1995, c 108, §2; am L 1996, c 161, §13; am L 2001, c 224, pt of §7]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-14 Additional disclosure requirements.

§508D-14 Additional disclosure requirements.
The requirements of this chapter are in addition to all other disclosure obligations of the seller required by law relating to the sale of residential real property. [L 1994, c 214, pt of §2; am L 1996, c 161, §14; am L 2001, c 224, pt of §7]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-15 Notification required; ambiguity.

§508D-15 Notification required; ambiguity.
(a) When residential real property lies within:
(1) The boundaries of a special flood hazard area as officially designated on flood maps promulgated by the National Flood Insurance Program of the Federal Emergency Management Agency for the purposes of determining eligibility for emergency flood insurance programs;
(2) The boundaries of the noise exposure area shown on maps prepared by the department of transportation in accordance with Federal Aviation Regulation part 150, Airport Noise Compatibility Planning (14 C.F.R. part 150), for any public airport;
(3) The boundaries of the Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities;
(4) The anticipated inundation areas designated on the department of defense's emergency management tsunami inundation maps; or
(5) The sea level rise exposure area as designated by the Hawaii climate change mitigation and adaptation commission or its successor,
subject to the availability of maps that designate the five areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the five designated areas specified in this subsection. The maps shall identify the properties situated within the five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee.
(b) When residential real property lies adjacent to the shoreline, the seller shall disclose all permitted and unpermitted erosion control structures on the parcel, expiration dates of any permitted structures, any notices of alleged violation associated with the parcel, and any fines for expired permits or unpermitted structures associated with the parcel.
(c) When it is questionable whether residential real property lies within any of the designated areas referred to in subsection (a) due to the inherent ambiguity of boundary lines drawn on maps of large scale, the ambiguity shall be construed in favor of the seller; provided that a good faith effort has been made to determine the applicability of subsection (a) to the subject real property.
(d) Except as required under subsections (a), (b), and (c) and section 508D-3.5, the seller shall have no duty to examine any public record when preparing a disclosure statement. [L 1994, c 214, pt of §2; am L 1996, c 161, §15; am L 2001, c 224, pt of §7; am L 2008, c 191, §3; am L 2013, c 186, §5; am L 2014, c 111, §28; am L 2018, c 18, §32; am L 2021, c 179, §2; am L 2023, c 231, §2]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-16 Remedies; voidable contracts.

§508D-16 Remedies; voidable contracts.
(a) A buyer may elect to complete the purchase of residential real property even if the seller fails to comply with the requirements of this chapter. After recordation of the sale of residential real property, a buyer shall have no right under this chapter to rescind the real estate purchase contract despite the seller's failure to comply with the requirements of this chapter.
(b) When the buyer is provided a disclosure statement prepared and delivered in accordance with this chapter and the buyer decides to rescind the real estate purchase contract, the buyer shall not be entitled to any damages but shall be entitled to the immediate return of all deposits.
(c) In addition to the rights of rescission granted to the buyer under this chapter, when the seller negligently fails to provide the disclosure statement required by this chapter, the seller shall be liable to the buyer for the amount of the actual damages, if any, suffered as a result of the seller's negligence.
(d) In addition to the remedies allowed under subsection (b) or (c), a court may also award the prevailing party attorney's fees, court costs, and administrative fees. [L 1994, c 214, pt of §2; am L 1996, c 161, §16]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-16.5 Rescission.

§508D-16.5 Rescission.
Notwithstanding anything to the contrary in this chapter, any action for rescission brought under this chapter shall commence prior to the recorded sale of the real property. [L 1995, c 108, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-17 Limitation of actions.

§508D-17 Limitation of actions.
(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]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-18 Alternative dispute resolution.

§508D-18 Alternative dispute resolution.
If the real estate purchase contract provides for alternative dispute resolution, then prior to filing an action in any court to enforce this chapter, a seller or buyer shall first submit the claim to alternative dispute resolution as required in the real estate purchase contract. [L 1994, c 214, pt of §2; am L 1996, c 161, §18]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-19 Severability.

§508D-19 Severability.
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [L 1994, c 214, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 509. Conveyances to Two or More › 509-1 Construed as estates in common, when.

§509-1 Construed as estates in common, when.
All grants, conveyances, and devises of land, or of any interest therein, made to two or more persons, shall be construed to create estates in common and not in joint tenancy or by entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or by entirety; provided that this section shall not apply to grants, conveyances, or devises to personal representatives or trustees. [L 1903, c 19; RL 1925, §3190; RL 1935, §5180; RL 1945, §12780; RL 1955, §345-1; HRS §509-1; am L 1976, c 200, pt of §1]
Cross References
Married persons, see § §572-21, 572-25.
Case Notes
Assuming there could be estate by entirety in personalty, nevertheless stock held by husband and wife "as joint tenants with right of survivorship" not held by entirety. 95 F. Supp. 684, 691 (1951).
Prior to statute, conveyance to two or more construed as tenancy in common; common law rule rejected. 5 H. 543 (1886).
Statute does not apply to will which took effect before its enactment. 23 H. 747, 754 (1917), aff'd 255 Fed. 732 (1919).
In case of doubt, grantees take as tenants in common. 24 H. 341 (1918); 37 H. 234, 241 (1945). But if intention to create joint tenancy manifestly appears, estate in joint tenancy created. 24 H. 341 (1918).
Two or more persons acquiring title by adverse possession take as tenants in common in absence of agreement to the contrary. 31 H. 661 (1930).
There is a general fiduciary relationship between cotenants. 57 H. 195, 552 P.2d 1380 (1976).
An estate by the entirety is not subject to claims of creditors of one of the spouses. 57 H. 608, 561 P.2d 1291 (1977).
Right of survivorship of a joint tenant is subject to levy. 59 H. 277, 580 P.2d 843 (1978).
Personal property not affected by section. 59 H. 474, 583 P.2d 966 (1978).
Proceeds from sale of land held by the entirety are also property held by the entirety in absence of contrary intent. 59 H. 474, 583 P.2d 966 (1978).
2023 Hawaii Revised Statutes › Title 28. Property › 509. Conveyances to Two or More › 509-3 Tenancy by the entirety when owners change relationship status.

§509-3 Tenancy by the entirety when owners change relationship status.
(a) When two individuals who hold property as tenants by the entirety enter into a different legal relationship with each other that also allows them to hold property as tenants by the entirety, their ownership as tenants by the entirety shall be continuous:
(1) If the new legal relationship is entered into simultaneously with the termination of the earlier legal relationship; or
(2) If the new legal relationship is entered into within ninety days after the termination of the earlier legal relationship; provided that no liens were perfected and attached on the property in the interim.
(b) The continuity of a tenancy by the entirety under this section shall apply to couples married under chapter 572, civil union partners under chapter 572B, and reciprocal beneficiaries under chapter 572C.
(c) Nothing in this section precludes any individuals from opting to hold their property in another manner as permitted under this chapter.
(d) Nothing in this section shall impact liens perfected and attached on the property after the earlier legal relationship was terminated and before January 1, 2012. [L 2012, c 267, §2]
Revision Note
In subsection (d), "January 1, 2012" substituted for "the date this Act became law upon its approval". The approval date for Act 267 was July 6, 2012.
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-2 Transfers--husband to wife and wife to husband.

§510-2 Transfers--husband to wife and wife to husband.
The husband may give, grant, bargain, sell, or convey directly to his wife, and the wife may give, grant, bargain, sell, or convey directly to her husband, his or her community right, title, interest, or estate in all or any community property, real or personal. Every such transfer made from the husband to the wife or from the wife to the husband operates to divest the property therein described of every claim or demand as community property, and vests the same in the transferee as the separate property of the transferee; provided that no such transfer affects any equity in favor of creditors at the time of the transfer. [L 1945, c 273, pt of §1; RL 1955, §326-2; HRS §510-2]
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-3 Control of husband's separate property.

§510-3 Control of husband's separate property.
The husband has the same right to manage, control, dispose of, and otherwise deal with his separate property as would be applicable with respect to his property generally were it not for the enactment of this chapter. [L 1945, c 273, pt of §1; RL 1955, §326-3; HRS §510-3]
Cross References
Spouse's separate property, see §572-25.
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-4 Control of wife's separate property.

§510-4 Control of wife's separate property.
The wife has the same right to manage, control, dispose of, and otherwise deal with her separate property as would be applicable with respect to her property generally were it not for the enactment of this chapter. [L 1945, c 273, pt of §1; RL 1955, §326-4; HRS §510-4]
Cross References
Spouse's separate property, see §572-25.
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-5 Control of community property.

§510-5 Control of community property.
(a) Either spouse, as agent for the owners of the community property, has the same right as though it were that spouse's separate property to receive, manage, control, dispose of, and otherwise deal with all community property. The rights given to either spouse to manage, control, dispose of, and otherwise deal with community property, as provided in this section, shall be exercised in good faith for the benefit of the owners of the community property and their legal representatives, but no person shall be held liable or accountable with respect to any conveyance, transfer, or other disposition of, or with respect to the management of, control of, or dealing with such community property, except the spouse by whom the same has been so conveyed, transferred, or otherwise disposed of, managed, controlled, or otherwise dealt with. In case of any violation by either spouse of any duty owed to the other or their legal representatives, the person aggrieved and the legal representatives of such person are entitled to appropriate relief.
(b) Nothing in subsection (a) shall be construed to alter or modify or to otherwise affect the legal effect of any act or transaction which occurred prior to May 9, 1984. [L 1945, c 273, pt of §1; am L 1949, c 242, §3(b); RL 1955, §326-5; HRS §510-5; am L 1984, c 100, §1]
Revision Note
"May 9, 1984" substituted for "the effective date of this subsection".
Case Notes
Defense applicable against husband in an action for protection of community property is similarly applicable against the wife. 44 H. 297, 353 P.2d 820 (1960).
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-6 Incapacity of spouse.

§510-6 Incapacity of spouse.
(a) Whenever the husband or the wife is non compos mentis, or has been convicted of a felony and imprisoned for a period of more than one year, or whenever the husband or the wife is an habitual drunkard, or for any other reason is incapacitated to receive, manage, control, dispose of, or otherwise deal with community property, the other spouse may commence an action in the circuit court of the circuit in which the plaintiff resides or of the circuit wherein any of the community property is located or situated, stating the name of the incapacitated spouse, a description or summary of all community property, both real and personal, as far as known, and the facts which render the other spouse incapacitated to receive, manage, control, dispose of, or otherwise deal with community property, and praying that the spouse filing the complaint be substituted for the incapacitated spouse, as to the right to receive, manage, control, dispose of, and otherwise deal with all or any designated portion or portions of the community property, then owned and thereafter to be acquired, which would otherwise be under the management and control of the incapacitated spouse.
(b) In all such cases service of process shall be had as in other civil actions; provided that where it is alleged that the other spouse is non compos mentis a guardian ad litem shall be appointed having such powers as in other civil actions.
(c) Upon the hearing, the court shall enter judgment either dismissing the complaint or adjudging the spouse filing the same to have such power of receiving, managing, controlling, and disposing of and dealing with all or any designated portion or portions of community property, then owned and thereafter to be acquired, which would otherwise be under the management and control of the incapacitated spouse, and containing such other provisions, all as to the court may appear to be just, proper, equitable, and to the best interests of the community.
(d) In case of any change in conditions after the entry of judgment pursuant to this section, either spouse may by motion showing the change in conditions, apply to the same court for the modification or rescission of the judgment. In such case notice to the other spouse shall be given in such manner as the court may direct. Upon the hearing of the motion the court shall either deny the motion or modify or rescind the prior judgment, as to the court may appear to be just, proper, equitable, and to the best interests of the community. [L 1945, c 273, pt of §1; RL 1955, §326-6; HRS §510-6; am L 1972, c 107, §1(a)]
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-7 Representation in legal proceedings.

§510-7 Representation in legal proceedings.
The person in whose name any community property stands is a necessary party in all actions and other legal proceedings brought affecting the community property, or arising out of the management of, control of, or dealing with such property. Any other person having or claiming an interest in the property may be but need not be joined as a party; provided that no judgment, decree, or other order shall be enforced against any person except to the extent of the person's interest in the community property, or against the separate property of the person, unless the person is a party. This section is subject to any judgment which may be entered pursuant to section 510-6. [L 1945, c 273, pt of §1; am L 1949, c 242, §3(c); RL 1955, §326-7; HRS §510-7; am L 1972, c 107, §1(b); gen ch 1985]
Rules of Court
Joinder of parties, see HRCP rules 19, 20.
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-9 Divorce; division of property.

§510-9 Divorce; division of property.
In the event of the dissolution of marriage by decree of any court of competent jurisdiction, community property shall be divided between the parties by the court granting the decree, in such proportions as the court, from the facts in the case, deems just and equitable, and such division shall be subject to revision on appeal in all respects including the exercise of discretion by the court below. [L 1945, c 273, pt of §1; RL 1955, §326-9; HRS §510-9]
Case Notes
See 41 H. 578 (1957).
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-11 Location of property affected.

§510-11 Location of property affected.
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. [L 1945, c 273, pt of §1; RL 1955, §326-11; HRS §510-11; am L 1973, c 132, §2]
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-21 Application.

§510-21 Application.
This part applies to the disposition at death of the following property acquired by a married person:
(1) All personal property, wherever situated:
(A) Which was acquired as or became, and remained, community property under the laws of another jurisdiction;
(B) All or the proportionate part of that property acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or
(C) Traceable to that community property;
(2) All or the proportionate part of any real property situated in this State which was acquired with the rents, issues, or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property. [L 1973, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-22 Rebuttable presumptions.

§510-22 Rebuttable presumptions.
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]
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-23 Disposition upon death.

§510-23 Disposition upon death.
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. [L 1973, c 132, pt of §1; am L 1976, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-24 Perfection of title of surviving spouse.

§510-24 Perfection of title of surviving spouse.
If the title to any property to which this part applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the circuit court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the circuit court. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which this part applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest. [L 1973, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-25 Perfection of title of personal representative, heirs, or devisee.

§510-25 Perfection of title of personal representative, heirs, or devisee.
If title to any property to which this part applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this part applies, unless a written demand is made by an heir, devisee, or creditor of the decedent. [L 1973, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 510. Community Property › 510-26 Purchaser for value or lender.

§510-26 Purchaser for value or lender.
(a) If a surviving spouse has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser's or lender's interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.
(b) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser's or lender's interest in the property free of any rights of the surviving spouse.
A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly with respect to property to which this part applies.
(c) The proceeds of a sale of or creation of a security interest in property to which this part applies shall be treated in the same manner as the property transferred to the purchaser for value or a lender. [L 1973, c 132, pt of §1; gen ch 1985; am L 1987, c 283, §47]
2023 Hawaii Revised Statutes › Title 28. Property › 512. Release of Powers › 512-1 Release of power by written instrument.

§512-1 Release of power by written instrument.
Any power, including any power of appointment, whether exercisable by deed or by will or otherwise, and whether general or special, other than an imperative power, may be released, either with or without consideration, by written instrument executed by the donee and delivered as hereinafter provided or as provided in the instrument creating the power.
The power may be released as to all or any part of the property subject thereto and may be released so as to reduce or limit the persons or objects, or classes of persons or objects, in whose favor the power would otherwise be exercisable. No release shall make imperative any power which was not imperative prior to the release.
Any such release may be delivered as follows:
(1) To any person specified for such purpose in the instrument creating the power;
(2) To any trustee of the property to which the power relates;
(3) To any person, other than the donee, who could be adversely affected by the exercise of the power; or
(4) To the registrar of conveyances of the State in form suitable for recording, who shall accept the same for record upon payment of the fee provided by law. From the time of the recordation notice of the release shall be deemed to have been given all persons. [L 1947, c 126, §1; RL 1955, §198-1; HRS §512-1]
2023 Hawaii Revised Statutes › Title 28. Property › 512. Release of Powers › 512-2 Prior releases validated.

§512-2 Prior releases validated.
All releases of powers made prior to May 16, 1947, which substantially comply with the requirements of section 512-1 are validated. [L 1947, c 126, §2; RL 1955, §198-2; HRS §512-2]
2023 Hawaii Revised Statutes › Title 28. Property › 512. Release of Powers › 512-3 Method of release herein not exclusive.

§512-3 Method of release herein not exclusive.
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. [L 1947, c 126, §3; RL 1955, §198-3; HRS §512-3]
2023 Hawaii Revised Statutes › Title 28. Property › 513. Property Rights--Labor Organizations › 513-1 Labor organizations.

§513-1 Labor organizations.
Labor organizations, as defined in the federal Labor Management Relations Act or in the Hawaii Employment Relations Act, may take, hold, transfer, and convey property, real, personal, or mixed, and in all other wise deal with the property, in the name of and as though the labor organization were a separate natural person; provided that the labor organization shall act by and through its duly authorized officers or agents. [L 1965, c 272, §1; Supp, §345E-1; HRS §513-1]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-4 Separate titles and taxation.

§514B-4 Separate titles and taxation.
(a) Each unit that has been created, together with its appurtenant interest in the common elements, constitutes, for all purposes, a separate parcel of real estate.
(b) If there is any unit owner other than a developer, each unit shall be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements. The laws relating to home exemptions from state property taxes are applicable to individual units, which shall have the benefit of home exemption in those cases where the owner of a single-family dwelling would qualify. Property taxes assessed by the State or any county shall be assessed and collected on the individual units and not on the property as a whole. Without limitation of the foregoing, each unit and its appurtenant common interest shall be deemed to be a "parcel" and shall be subject to separate assessment and taxation for all types of taxes authorized by law, including, but not limited to, special assessments.
(c) If there is no unit owner other than a developer, the real estate comprising the condominium may be taxed and assessed in any manner provided by law. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-5 Conformance with county land use laws.

§514B-5 Conformance with county land use laws.
Any condominium property regime established under this chapter shall conform to the existing underlying county zoning for the property and all applicable county permitting requirements adopted by the county in which the property is located, including any supplemental rules adopted by the county, pursuant to section 514B-6, to ensure the conformance of condominium property regimes to the purposes and provisions of county zoning and development ordinances and chapter 205, including section 205-4.6 where applicable. In the case of a property which includes one or more existing structures being converted to condominium status, the condominium property regime shall comply with section 514B-32(a)(13) or 514B-84(a). [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2014, c 49, §3]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-6 Supplemental county rules governing a condominium property regime.

§514B-6 Supplemental county rules governing a condominium property regime.
No later than July 1, 2022, the counties shall adopt supplemental rules governing condominium property regimes, including agricultural lands that are held in condominium property regimes, established under this chapter in order to implement this program; provided that any of the supplemental rules adopted shall not conflict with this chapter or with any of the rules adopted by the commission to implement this chapter. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2019, c 278, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-7 Construction against implicit repeal.

§514B-7 Construction against implicit repeal.
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-8 Severability.

§514B-8 Severability.
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. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-10 Remedies to be liberally administered.

§514B-10 Remedies to be liberally administered.
(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Punitive damages may not be awarded, however, except as specifically provided in this chapter or by other rule of law.
(b) Any deed, declaration, bylaw, or condominium map shall be liberally construed to facilitate the operation of the condominium property regime.
(c) Any right or obligation declared by this chapter is enforceable by judicial proceeding. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-21 Applicability.

§514B-21 Applicability.
(a) This chapter applies to all condominiums created within this State; provided that such application shall not invalidate existing provisions of the declaration, bylaws, condominium map, or other constituent documents of those condominiums if to do so would invalidate the reserved rights of a developer. Amendments to this chapter apply to all condominiums, regardless of when the amendment is adopted.
(b) For purposes of interpreting this chapter, the terms "condominium property regime" and "horizontal property regime" shall be deemed to correspond to the term "condominium"; the term "apartment" shall be deemed to correspond to the term "unit"; the term "apartment owner" shall be deemed to correspond to the term "unit owner"; and the term "association of apartment owners" shall be deemed to correspond to the term "association". [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2017, c 181, §3]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-23 Amendments to governing instruments.

§514B-23 Amendments to governing instruments.
(a) The declaration, bylaws, condominium map, or other constituent documents of any condominium created before July 1, 2006 may be amended to achieve any result permitted by this chapter, regardless of what applicable law provided before July 1, 2006.
(b) An amendment to the declaration, bylaws, condominium map or other constituent documents authorized by this section may be adopted by the vote or written consent of a majority of the unit owners; provided that any amendment adopted pursuant to this section shall not invalidate the reserved rights of a developer. If an amendment grants to any person any rights, powers, or privileges permitted by this chapter, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §6; am L 2014, c 189, §3]
Revision Note
"July 1, 2006" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-31 Creation.

Note
Part heading amended by L 2005, c 93, pt of §2.
§514B-31 Creation.
(a)
To create a condominium property regime, all of the owners of the fee simple interest in land shall execute and record a declaration submitting the land to the condominium property regime. Upon recordation of the master deed together with a declaration, the condominium property regime shall be deemed created.
(b) The condominium property regime shall be subject to any right, title, or interest existing when the declaration is recorded if the person who owns the right, title, or interest does not execute or join in the declaration or otherwise subordinate the right, title, or interest. A person with any other right, title, or interest in the land may subordinate that person's interest to the condominium property regime by executing the declaration, or by executing and recording a document joining in or subordinating to the declaration. [L 2005, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-33 Condominium map.

§514B-33 Condominium map.
(a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following:
(1) A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property regime, and depicting access for the units to a public road or to a common element leading to a public road;
(2) Elevations and floor plans of all buildings in the condominium property regime;
(3) The layout, location, boundaries, unit numbers, and dimensions of the units;
(4) To the extent that there is parking in the condominium property regime, a parking plan for the regime, showing the location, layout, and stall numbers of all parking stalls included in the condominium property regime;
(5) Unless specifically described in the declaration, the layout, location, and numbers or other identifying information of the limited common elements, if any; and
(6) A description in sufficient detail, as may be determined by the commission, to identify any land area that constitutes a limited common element.
(b) The condominium map may contain any additional information that is not inconsistent with this chapter. [L 2005, c 93, pt of §2; am L 2006, c 273, §8]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-34 Condominium map; certification of architect, engineer, or surveyor.

§514B-34 Condominium map; certification of architect, engineer, or surveyor.
(a) The condominium map shall bear the statement of a licensed architect, engineer, or surveyor certifying that the condominium map is consistent with the plans of the condominium's building or buildings filed or to be filed with the government official having jurisdiction over the issuance of permits for the construction of buildings in the county in which the condominium property regime is located. If the building or buildings have been built at the time the condominium map is recorded, the certification shall state that, to the best of the architect's, engineer's, or surveyor's knowledge, the condominium map depicts the layout, location, dimensions, and numbers of the units substantially as built. If the building or buildings, or portions thereof, have not been built at the time the condominium map is recorded, within thirty days from the completion of construction, the developer shall execute and record an amendment to the declaration accompanied by a certification of a licensed architect, engineer, or surveyor certifying that the condominium map previously recorded, as amended by the revised pages filed with the amendment, if any, fully and accurately depicts the layout, location, boundaries, dimensions, and numbers of the units substantially as built.
(b) If the condominium property regime is a conversion and the government official having jurisdiction over the issuance of permits for the construction of buildings in the county in which the condominium property regime is located is unable to locate the original permitted construction plans, the certification need only state that the condominium map depicts the layout, location, boundaries, dimensions, and numbers of the units substantially as built. If there are no buildings, no certification shall be required. [L 2005, c 93, pt of §2; am L 2006, c 273, §9]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-35 Unit boundaries.

§514B-35 Unit boundaries.
Except as provided by the declaration:
(1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings, are a part of the common elements;
(2) If any chute, flue, duct, wire, conduit, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element appurtenant solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements;
(3) Subject to paragraph (2), all spaces, interior non-loadbearing partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit; and
(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, lanais, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but are located outside the unit's boundaries, are limited common elements appurtenant exclusively to that unit. [L 2005, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 514B. Condominiums › 514B-36 Leasehold units.

§514B-36 Leasehold units.
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. [L 2005, c 93, pt of §2]