reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-66 Method of sale.

§507-66 Method of sale.
(a) No sooner than fifteen days after sending the final demand and notice of sale, pursuant to section 507-65(1), the owner shall cause an advertisement of the sale to be:
(1) Published once a week for two weeks consecutively in a newspaper of general circulation published in the judicial district where the sale is to be held; or
(2) Disseminated in any other commercially reasonable manner; provided that at least three independent bidders participate in the sale.
The advertisement shall include a general description of the goods, the name of the person on whose account they are being stored, the total sums due, and the name and location of the storage facility.
(b) The sale shall be conducted in a commercially reasonable manner, which shall include a sale conducted on an online website that customarily conducts self-storage lien sales. After deducting the amount of the lien and costs, the owner shall retain any excess proceeds of the sale on the occupant's behalf. The occupant, or any other person having a court order or other judicial process against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any time within one year of the date of sale. Thereafter, the owner shall pay any remaining excess proceeds to the State as provided in chapter 523A. [L 1984, c 239, pt of §1; am L 1985, c 68, §22; am L 2017, c 180, §8]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-67 Security interests, rights.

§507-67 Security interests, rights.
Any person who has a perfected security interest under chapter 490 may claim any personal property subject to the security interest and subject to a lien pursuant to this part by paying the total amount due, as specified in the final demand and notice of sale. Upon payment of the total amount due, the owner shall deliver possession of the particular property subject to the security interest to the person who paid the total amount due. The owner shall not be liable to any person for action taken pursuant to this section if the owner has fully complied with the requirements of sections 507-63, 507-64, and 507-65. [L 1984, c 239, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-68 Payment before sale.

§507-68 Payment before sale.
Any person claiming a right to the goods must pay the amount necessary to satisfy the lien and the reasonable expenses incurred for particular actions taken pursuant to this part. In that event, the goods shall not be sold, but shall be retained by the owner subject to the terms of this part pending a court order directing disposition of the property. [L 1984, c 239, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-69 Good faith purchaser.

§507-69 Good faith purchaser.
A purchaser in good faith of goods sold to enforce a lien in favor of the owner on goods stored at a self-service storage facility takes the goods free of any rights of persons against whom the lien was claimed, despite noncompliance by the owner of the storage facility with the requirements of this part. [L 1984, c 239, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-70 Self-storage contracts.

§507-70 Self-storage contracts.
(a) Each contract for the rental or lease of individual storage space in a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included, a statement that the occupant's property will be subject to a claim of lien and may be sold to satisfy the lien if the rent or other charges due remain unpaid for fifteen consecutive days and that such actions are authorized by this part.
(b) This part shall not apply, and the lien authorized by this part shall not attach, unless the rental agreement or supporting documentation requests, and provides space for, the occupant to give the name, address, and telephone number of another person to whom notices required to be given under this part may be sent. If an address, an alternative address, and an alternative telephone number are provided by the occupant, notices pursuant to sections 507-63 or 507-64 shall be sent to both addresses and by contact at the alternative telephone number. If both addresses and an alternative telephone number are provided by the occupant, the owner shall send the final demand and notice of sale, pursuant to section 507-65, to both addresses by certified mail, postage prepaid, and contact the occupant at the alternative telephone number. Failure of an occupant to provide an alternative address shall not affect an owner's remedies under this part or under any other provision of law.
(c) If the contract entered into between the owner and the occupant contains a provision placing a limit on the value of property that may be stored in the occupant's space, this limit shall be the maximum value of the stored property; provided that the provision is printed in bold type or underlined in the contract. The limit on the value of property shall not be less than $1,000. The contract may provide that the occupant may increase the limit on the value of property with the written permission of the owner. [L 1984, c 239, pt of §1; am L 2017, c 180, §9]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-71 Other rights.

§507-71 Other rights.
Nothing in this part shall be construed to impair or affect the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this part shall be in addition to all other rights provided by law to a creditor against the creditor's debtor.[L 1984, c 239, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-72 Applicability.

§507-72 Applicability.
This part shall only apply to rental agreements entered into, or extended, or renewed after June 4, 1984. [L 1984, c 239, pt of §1]
Revision Note
"June 4, 1984" substituted for "the effective date of this part".
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-73 Occupant in default; motor vehicle or boat removal.

§507-73 Occupant in default; motor vehicle or boat removal.
If an occupant is in default for sixty or more days and the personal property stored in the leased space is a motor vehicle or boat, the motor vehicle or boat shall be deemed to be left unattended on private property without authorization of the owner of the property and may be towed away, at the expense of the owner of the motor vehicle or boat; provided that for purposes of this section, a vehicle may be towed pursuant to section 290-11; provided further that a towing company engaged pursuant to this section shall be a towing company registered in Hawaii. At least fifteen days prior to having the motor vehicle or boat towed, the owner shall provide notice to the occupant, stating the name, address, and contact information of the towing company, by certified mail at the occupant's last known postal address and by electronic mail at the occupant's last known electronic mail address.
For purposes of applying section 290-11 to this section, the term "vehicle" shall be deemed to correspond to the terms "motor vehicle" and "boat". [L 2017, c 180, §2]
2023 Hawaii Revised Statutes › Title 28. Property › 507. Liens › 507-82 Liens on attorneys; certified shorthand reporter services.

§507-82 Liens on attorneys; certified shorthand reporter services.
(a) Subject to the notice requirements in subsection (b) and the exemptions described in subsection (d), a certified shorthand reporter furnishing a stenographic record of any judicial proceeding, deposition, statement, or interview of a party in a proceeding or a copy of the stenographic record to an attorney at the attorney's request shall create a debt owing to the certified shorthand reporter by the attorney's firm, partnership, corporation, company, or other legal entity pursuant to which the attorney practices law, which may be enforced by the certified shorthand reporter in circuit or district court, as applicable. The amount of the debt shall not exceed the payment agreed to between the attorney and the certified shorthand reporter at the time the stenographic services are requested.
(b) Concurrently with the delivery to the requesting attorney of the completed stenographic record or the final component or part thereof, or as soon as a tally of recoverable costs can be calculated, the certified shorthand reporter shall deliver an invoice listing the amount due for the stenographic services. If the requesting attorney does not pay for the stenographic record within sixty days of the receipt of the completed stenographic record and the invoice, the certified shorthand reporter may send a notice to the attorney that a lien in the amount described in subsection (a) shall be imposed on the assets of the attorney's firm, partnership, corporation, company, or other legal entity pursuant to which the attorney practices law, within fifteen calendar days. Thereafter, if payment is not made to the certified shorthand reporter, the lien may be enforced by the certified shorthand reporter as allowed by law.
(c) The requesting attorney, or the attorney's firm, partnership, corporation, company, or other legal entity pursuant to which the attorney practices law, may dispute the amount due to the stenographic services listed in the invoice or the completeness or accuracy of the stenographic record at any time, and may seek declaratory relief from the circuit court that the debt is not owed. Nothing in this section shall prohibit an attorney or the attorney's firm, partnership, corporation, company, or other legal entity pursuant to which the attorney practices law, from pursuing a third-party claim against the requesting attorney's client for payment of stenographic services.
(d) This section shall not apply when:
(1) Payment to the certified shorthand reporter is otherwise provided by law; or
(2) The attorney expressly disclaims responsibility for payment of the stenographic service or record, in writing, at the time that the attorney orders or requests that a record be made. [L 2011, c 223, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 507D. Nonconsensual Common Law Liens and Frivolous Financing Statements › 507D-1 Findings and purpose.

§507D-1 Findings and purpose.
The legislature finds that there is a problem with the recording at the land court or the bureau of conveyances of invalid instruments which purport to affect the property interests of various persons, including but not limited to government officers and employees. These instruments, which have no basis in fact or law, have a seriously disruptive effect on property interests and title. They appear on title searches and other disclosures based on public records, and are costly and time-consuming to expunge. When they so appear, they may obstruct a property owner's ability to transfer title or obtain title insurance and financing.
The bureau of conveyances does not have the discretionary authority to refuse to record instruments so long as those instruments comply with certain minimal format requirements. It would be inefficient and require substantial governmental expenditures to have the bureau of conveyances determine the legal sufficiency of instruments submitted for recordation. The land court's registrar screens instruments submitted for recordation, but has no mechanism to prevent the filing of frivolous lien claims during the pendency of litigation. Similarly, the public is in need of a mechanism to address the filing of frivolous financing statements.
The legislature finds that it is necessary and in the best interests of the State and private parties to legislatively provide a means to relieve this problem, and to limit the circumstances in which nonconsensual common law liens shall be recognized in this State and to remedy the filing of frivolous financing statements. [L 1996, c 24, pt of §1; am L 2002, c 145, §3]
2023 Hawaii Revised Statutes › Title 28. Property › 507D. Nonconsensual Common Law Liens and Frivolous Financing Statements › 507D-2 Definitions.

§507D-2 Definitions.
As used in this chapter:
"Court" means any court described in the laws of the United States or any state.
"Debtor" means a person named as the debtor in a financing statement.
"Federal official or employee" means an employee of the federal government as defined for purposes of the Federal Tort Claims Act, 28 U.S.C. Sec. 2671.
"Financing statement" means a record filed under chapter 490:9.
"Frivolous" means without any basis in law or fact.
"Lien" means a recorded instrument that creates an encumbrance on or affects title or ownership of property.
"Lien claimant" means the person who executes or records or causes or materially assists in causing the lien to be prepared, executed, or recorded.
"Nonconsensual common law lien" means a lien that:
(1) Is not provided for by a specific statute;
(2) Does not depend upon, require by its terms, or call for the consent of the owner of the property affected for its existence; and
(3) Is not a court-imposed equitable or constructive lien.
"Party in interest" means any owner, title holder, mortgagee, or other person holding a recorded or perfected security interest in real or personal property.
"Registrar" means the registrar of the land court or the bureau of conveyances.
"State or county officer or employee" means:
(1) A court-appointed commissioner;
(2) An appointed or elected officer;
(3) Employee of the judiciary; or
(4) Employee of a state or county department, agency, board, authority, or commission. [L 1996, c 24, pt of §1; am L 1997, c 284, § §1, 2; am L 1998, c 37, §1; am L 2002, c 145, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 507D. Nonconsensual Common Law Liens and Frivolous Financing Statements › 507D-3 Scope of chapter.

§507D-3 Scope of chapter.
Nothing in this chapter is intended to affect:
(1) Any lien provided for by statute;
(2) Any consensual liens now or hereafter recognized under the common law of this State; or
(3) The ability of courts to impose equitable or constructive liens. [L 1996, c 24, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 507D. Nonconsensual Common Law Liens and Frivolous Financing Statements › 507D-4 Contesting validity of recorded instruments; injunctions.

§507D-4 Contesting validity of recorded instruments; injunctions.
(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]
2023 Hawaii Revised Statutes › Title 28. Property › 507D. Nonconsensual Common Law Liens and Frivolous Financing Statements › 507D-5 Requirement of certified court order.

§507D-5 Requirement of certified court order.
(a) Any claim of lien against a federal, state, or county officer or employee based on the performance or nonperformance of that officer's or employee's duties shall designate in the pleading header that the claim is directed to a federal, state, or county officer or employee, and shall be invalid unless accompanied by a certified order from a state or federal court of competent jurisdiction authorizing the filing of such lien.
(b) Any claim of nonconsensual common law lien against a private party in interest shall be invalid unless accompanied by a certified order from a state or federal court of competent jurisdiction authorizing the filing of nonconsensual common law lien.
(c) The registrar shall not accept for filing a claim for nonconsensual common law lien unless the claim is accompanied by a certified state or federal court order authorizing the filing of the lien. [L 1996, c 24, pt of §1; am L 2000, c 95, §1; am L 2001, c 96, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 507D. Nonconsensual Common Law Liens and Frivolous Financing Statements › 507D-6 Filing a notice of invalid lien.

§507D-6 Filing a notice of invalid lien.
(a) If a claim of lien not in conformity with section 507D-5(a) has been accepted for filing, the registrar shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the federal agency of which the individual is an official or employee, or the attorney representing the state or county department, agency, board, authority, or commission of which the individual is an officer or employee. A copy of the notice of invalid lien shall be mailed by the government attorney to the lien claimant at his or her last known address.
(b) If a claim of nonconsensual common law lien not in conformity with section 507D-5(b) has been accepted for filing, the registrar shall accept for filing a notice of invalid lien signed and submitted by the party in interest.
(c) The registrar or registrar's assistants shall not be liable for accepting for filing either a claim of lien as described in section 507D-5 or a notice of invalid lien pursuant to this section. [L 1996, c 24, pt of §1; am L 2001, c 96, §2]
2023 Hawaii Revised Statutes › Title 28. Property › 507D. Nonconsensual Common Law Liens and Frivolous Financing Statements › 507D-7 Expungement of invalid lien; penalties; sanctions for frivolous filings.

§507D-7 Expungement of invalid lien; penalties; sanctions for frivolous filings.
(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]
2023 Hawaii Revised Statutes › Title 28. Property › 508. Uniform Vendor and Purchaser Risk Act › 508-1 Risk of loss.

§508-1 Risk of loss.
Any contract made in this State after April 25, 1941 for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:
(1) If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that the purchaser has paid;
(2) If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is the purchaser entitled to recover any portion thereof that the purchaser has paid. [L 1941, c 109, §1; RL 1945, §9281; RL 1955, §203-1; HRS §508-1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-2 Definitions.

§508C-2 Definitions.
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]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-3 Nature of rights; subordination of interests.

§508C-3 Nature of rights; subordination of interests.
(a) Any person, the agency, or a county may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property.
(b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be an interest in real property.
(c) An agency shall be bound by any obligation the agency assumes in an environmental covenant; provided that an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant; provided that signing the covenant shall not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.
(d) The following rules apply to interests in real property in existence at the time an environmental covenant covering that real property is created or amended:
(1) An interest that has priority under other law shall not be affected by an environmental covenant, unless the person that owns the interest subordinates that interest to the covenant;
(2) A person that owns a prior interest shall not be required to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;
(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly-owned property in a common interest community, the record may be signed by any person authorized by the governing board of the common interest community; and
(4) An agreement by a person to subordinate a prior interest to an environmental covenant shall affect the priority of that person's interest; provided that it shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant. [L 2006, c 279, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-4 Contents of environmental covenant.

§508C-4 Contents of environmental covenant.
(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]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-5 Validity; effect on other instruments.

§508C-5 Validity; effect on other instruments.
(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".
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-6 Relationship to other land use law.

§508C-6 Relationship to other land use law.
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. [L 2006, c 279, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-7 Notice.

§508C-7 Notice.
(a) A copy of an environmental covenant shall be provided by the person determined by the agency and in the manner required by the agency to:
(1) Each person that signed the covenant;
(2) Each person holding a recorded interest in the real property subject to the covenant;
(3) Each person in possession of the real property subject to the covenant;
(4) Each county or other subdivision of county government in which real property subject to the covenant is located; and
(5) Any other person the agency determines should receive notice.
(b) The validity of a covenant shall not be affected by failure to provide a copy of the covenant as required under this section. [L 2006, c 279, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-8 Recording.

§508C-8 Recording.
(a) An environmental covenant and any amendment or termination of the covenant shall be recorded by the grantor of the covenant with the registrar of conveyances. For purposes of indexing, a holder shall be treated as a grantee.
(b) Except as otherwise provided in section 508C-9(c), an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property.
(c) A holder shall provide a copy of the final recorded covenant, any amendment made to the covenant, any termination documentation, and documentation of any other matters related to the covenant to the department of health. [L 2006, c 279, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-9 Duration; amendment by court action.

§508C-9 Duration; amendment by court action.
(a) An environmental covenant shall be considered perpetual unless it is:
(1) By its terms limited to a specific duration or terminated by the occurrence of a specific event;
(2) Terminated by consent pursuant to section 508C-10;
(3) Terminated pursuant to subsection (b);
(4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or
(5) Terminated or modified in an eminent domain proceeding; provided that:
(A) The agency that signed the covenant is a party to the proceeding;
(B) All persons identified in section 508C-10(a) and (b) are given notice of the pendency of the proceeding; and
(C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
(b) If the agency that signed an environmental covenant determines that the intended benefits of the covenant can no longer be realized, [an] environmental court, under the doctrine of changed circumstances, in an action in which all persons identified in section 508C-10(a) and (b) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to chapter 91.
(c) Except as otherwise provided in subsections (a) and (b), an environmental covenant shall not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrines of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine. [L 2006, c 279, pt of §2; am L 2014, c 218, §8]
Note
The amendment made to the section heading and subsection (a) by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-10 Amendment or termination by consent.

§508C-10 Amendment or termination by consent.
(a) An environmental covenant may be amended or terminated by consent; provided that the amendment or termination is signed by:
(1) The agency;
(2) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;
(3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or [an] environmental court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(4) Except as otherwise provided in subsection (d)(2), the holder.
(b) If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be considered an amendment.
(d) Except as otherwise provided in an environmental covenant:
(1) A holder may not assign the holder's interest without consent of the other parties specified in subsection (a); and
(2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a).
(e) [An] environmental court of competent jurisdiction may fill a vacancy in the position of a holder. [L 2006, c 279, pt of §2; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-11 Enforcement of environmental covenant.

§508C-11 Enforcement of environmental covenant.
(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1) A party to the covenant;
(2) The department or any other agency specified in the covenant;
(3) Any person to whom the covenant expressly grants power to enforce;
(4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(5) A county in which the real property subject to the covenant is located.
(b) This chapter shall not limit the regulatory authority of the department or any governmental unit under law other than this chapter with respect to an environmental response project.
(c) A person shall not be responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant. [L 2006, c 279, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-12 Registry.

§508C-12 Registry.
The department shall establish a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them that the department considers appropriate. The department shall make the registry available for public access electronically on its website or at another appropriate place. The registry is a public record for purposes of chapter 92F. [L 2006, c 279, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 508C. Uniform Environmental Covenants Act › 508C-13 Relation to Electronic Signatures in Global and National Commerce Act.

§508C-13 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq.; provided that it shall not modify, limit, or supersede section 101 of that Act, 15 U.S.C. section 7001 (a), or authorize electronic delivery of any of the notices described in section 103 of that Act, 15 U.S.C. section 7003(b). [L 2006, c 279, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-2 Applicability.

§508D-2 Applicability.
Except as otherwise provided for in this chapter, this chapter applies to any sale of residential real property. The failure of the seller or the seller's agent to comply with this chapter shall not affect the validity of title to any residential real property sold. [L 1994, c 214, pt of §2; am L 1996, c 161, §2]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-3 Exemptions.

§508D-3 Exemptions.
This chapter shall not apply to the following sales of residential real property:
(1) Sale to a co-owner;
(2) Sale to a spouse, parent, or child of the seller;
(3) Sale by devise, descent, or court order;
(4) Sale by operation of law, including but not limited to any transfer by foreclosure, bankruptcy, or partition, or any transfer to a seller's creditor incident to a deed (or assignment) in lieu of foreclosure, workout, or the settlement or partial settlement of any preexisting obligation of a seller owed a creditor and any later sale of residential real property by such creditor;
(5) Sale by a lessor to a lessee resulting from conversion of leased land to fee simple;
(6) Initial sale of new residential real property pursuant to chapter 484 under a current public offering statement or chapter 484 exemption;
(7) Sales of condominium apartments or units accompanied by delivery of an unexpired developer's public report; or
(8) Sale of time share interests as defined under chapter 514E. [L 1994, c 214, pt of §2; am L 1995, c 172, §1; am L 1996, c 161, §3; am L 2001, c 224, §2; am L 2008, c 28, §31]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-4 Prohibitions on sales of residential real property.

§508D-4 Prohibitions on sales of residential real property.
Except as provided in section 508D-3, no seller may sell residential real property unless:
(1) Prior to the sale of such residential real property, a disclosure statement is:
(A) Signed and dated by the seller within six months before or ten calendar days after the acceptance of a real estate purchase contract by the buyer; and
(B) Delivered to the buyer as provided in section 508D-5;
(2) The buyer acknowledges receipt of the disclosure statement on the real estate purchase contract or in any addendum attached to the contract, or in a separate document; and
(3) The buyer is afforded the opportunity to examine the disclosure statement as provided in section 508D-5. [L 1994, c 214, pt of §2; am L 1996, c 161, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-4.5 Release or waiver of construction defect.

§508D-4.5 Release or waiver of construction defect.
Any release from or waiver of liability, or release from a warranty by a seller to any government agency, contractor as defined in section 444-1, or engineer, architect, land surveyor, or landscape architect licensed to practice that profession under chapter 464, for any defect, mistake, or omission in the design or construction of any residential real property that measurably affects the value of the residential real property is a material fact that shall be contained in a disclosure statement. [L 2004, c 186, §1]
Cross References
Contractor repair act, see chapter 672E.
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-5 Delivery of disclosure statement to buyer; procedures.

§508D-5 Delivery of disclosure statement to buyer; procedures.
(a) No later than ten calendar days from acceptance of a real estate purchase contract, the seller, either directly or through the seller's agent, shall provide the disclosure statement to the buyer.
(b) Upon receipt of the disclosure statement, the buyer shall have fifteen calendar days to:
(1) Examine the disclosure statement; and
(2) Decide whether to rescind the real estate purchase contract.
If the buyer decides to rescind the real estate purchase contract, the buyer shall deliver to the seller directly or through the seller's agent within the fifteen-day period written notification of the buyer's decision to rescind the real estate purchase contract. Failure to deliver the written notification to the seller within the fifteen-day period shall be deemed an acceptance of the disclosure statement. Any rescission made pursuant to this subsection shall be without loss of deposits to the buyer which deposits shall be immediately returned to the buyer.
(c) The seller and buyer may agree in writing to reduce or extend the time period provided for the delivery or examination and rescission period. The form of the receipt for the disclosure statement required by section 508D-4(2) shall provide that the buyer shall have the right to examine the disclosure statement and to rescind the real estate purchase contract in accordance with this section. [L 1994, c 214, pt of §2; am L 1996, c 161, §5]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-6 Later discovered inaccurate information.

§508D-6 Later discovered inaccurate information.
Prior to closing the real estate purchase contract, a buyer who receives a disclosure statement that fails to disclose a material fact or contains an inaccurate assertion that directly, substantially, and adversely affects the value of the residential real property, and who was not aware of the foregoing failure or inaccuracy, may elect in writing to rescind the real estate purchase contract within fifteen calendar days of the earlier to occur of:
(1) The discovery of the failure or inaccuracy; or
(2) The receipt of an amended disclosure statement correcting the failure or inaccuracy, in the manner provided by 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 1996, c 161, §6; am L 2001, c 224, §3]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-7 Seller's agent's duties and responsibilities for disclosure.

§508D-7 Seller's agent's duties and responsibilities for disclosure.
(a) Any person or entity acting in the capacity of an escrow agent for the sale of residential real property subject to this chapter, shall not be deemed the agent of the seller or buyer for purposes of the disclosure requirements of this chapter unless the seller or buyer and the escrow agent agree in writing to the establishment of the agency for such purpose.
(b) When a seller's agent cannot obtain the disclosure statement and does not have written assurances from the buyer that the disclosure statement was received, the seller's agent shall notify the buyer in writing of the buyer's rights to the disclosure statement and rights of rescission provided by this chapter. However, the seller's agent shall not be required to prepare the disclosure statement. The seller's agent responsible for delivering the disclosure statement, or the aforesaid written notification of the buyer's rights if applicable, shall maintain a record of the action taken by that agent to effect compliance.
(c) If the seller's agent is or becomes aware of any material facts inconsistent with or contradictory to the disclosure statement or the inspection report of a third party provided by the seller, the seller's agent shall disclose these facts to the seller, the buyer, and the buyer's agent. Nothing in this chapter precludes all other obligations of the seller's or the buyer's agent under Hawaii law. [L 1994, c 214, pt of §2; am L 1996, c 161, §7; am L 2001, c 224, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 508D. Mandatory Seller Disclosures in Real Estate Transactions › 508D-8 Excluded facts from the disclosure statement.

§508D-8 Excluded facts from the disclosure statement.
Except as otherwise provided by law, the fact that:
(1) An occupant of the residential real property was afflicted with acquired immune deficiency syndrome (AIDS) or AIDS related complex, or had been tested for human immunodeficiency virus; or
(2) The residential real property was the site of an act or occurrence that had no effect on the physical structure or the physical environment of the residential real property, or the improvements located on the residential real property;
may be excluded from the disclosure statement. This information shall not be deemed a material fact for purposes of the disclosure statement. [L 1994, c 214, pt of §2; am L 1996, c 161, §8]