Title 28, Property

§514E-20 Effect of recording a nondisturbance agreement. When a nondisturbance agreement has been executed by the lienholder and recorded, the lienholder, its successors, and anyone who acquires the property through foreclosure or by a deed, assignment, or other transfer in place…

§514E-21 Effect of recording a notice of time share plan. When a notice of time share plan is recorded, claims by creditors of the developer and claims upon, or by successors to, the interest of the title holder who executed the notice of time share plan, shall be subordinate to …

§514E-22 General requirements for trusts. If time share units are required to be conveyed to a trustee pursuant to section 514E-19, the trust instrument must provide for at least the following: (1) Title to the time share units must be transferred to the trustee before the purcha…

§514E-23 Requirements for trustees. If time share units are conveyed to a trustee pursuant to section 514E-19, the following requirements shall be met: (1) The trustee must be a bank, savings and loan association, or a trust company meeting the requirements of any rules adopted b…

§514E-24 Additional requirements for lien payment trusts. (a) If a lien payment trust is established to meet the requirements of section 514E-19, then in addition to the requirements of section 514E-22, the trust instrument shall: (1) Require the deposit into trust of a lien paym…

§514E-25 Lien payment deposit. (a) The lien payment deposit shall consist of either: (1) Nondelinquent purchase money contracts from purchasers of time share interests in the time share plan; or (2) Other assets deposited into trust by the developer and approved by the director. …

§514E-26 Termination of a trust. (a) In the case of a time share use plan, the trust for the time share units shall be irrevocable during the time that any owner of a time share interest has a right to the occupancy of a time share unit, except as provided in subsection (c). (b) …

§514E-27 Alternative arrangements for purchaser protection. (a) In recognition of the impossibility or impracticability of a proposed time share plan satisfying some of the requirements of section 514E-19 because of factors over which the developer has little or no control, the d…

§514E-28 Requirements for surety bonds and letters of credit. Any surety bond or irrevocable letter of credit furnished to the director pursuant to section 514E-19 must be in an amount which is not less than one hundred ten per cent of the remaining principal balance of every ind…

§514E-29 Association; lien for delinquent assessments. (a) All time share plans shall have an association which shall be a nonprofit or not-for-profit corporation, a nonprofit or not-for-profit limited liability company, or any other entity organized on a nonprofit or not-for-pro…

§514E-3 Taxation. (a) The plan manager, if any, shall collect and pay real property and transient accommodations taxes due on the time share units or occupants under the plan manager's authority as the agent of the owners of the individual units or temporal divisions thereof. The…

§514E-30 Scope of chapter. This chapter applies to the offer and sale in Hawaii of time share interests in time share units located in Hawaii. If time share units are located outside of Hawaii, but any offer or sale is made within the State, this chapter, except for sections 514E…

[§514E-31] Private right of action. Nothing in this chapter shall be construed to preclude a person aggrieved by a violation of this chapter from filing an action in court for civil damages. A violation of this chapter shall be deemed a cause of action for the purpose of the cour…

[§514E-4] County authority. The several counties shall, by amendment of their zoning ordinances, limit the location of time share units, time share plans and other transient vacation rentals, within such areas as are deemed appropriate. [L 1980, c 186, pt of §1]

§514E-5 Geographic limitations. (a) Except as provided in this section, time share units, time share plans, and transient vacation rentals are prohibited. (b) Existing time share units, time share plans, and transient vacation rentals are not impaired by the provisions of this se…

§514E-5.5 Foreign time share plans; exemption. (a) A foreign time share plan may obtain an exemption from the requirements of this chapter as provided in this section. (b) The developer of a foreign time share plan shall pay an exemption fee of $100 and file the following minimum…

§514E-6 Time sharing in projects. (a) If the project in which the time share unit or time share plan is to be created contains an existing time share unit or time share plan, then time share units and plans [shall] be regulated according to the terms of the project instruments. (…

[§514E-6.5] Voting rights for time share units. Voting rights for any apartment units designated or sold as time share units shall be as provided in rules adopted by the director of the department of commerce and consumer affairs; provided the rules shall seek to provide reasonab…

[§514E-7] Maintenance charges. If time share units, or transient vacation rentals are located in the same project as private residential units, charges for the maintenance of common elements assessed against time share and transient vacation rental units may exceed the charges as…

§514E-8 Mutual right to cancel. Within seven calendar days after the execution of the contract to purchase an interest in a time share plan, or within seven calendar days after the purchaser's receipt of a disclosure statement required by this chapter, whichever occurs later, eit…

[§514E-8.5] Classes of time share interests. (a) A time share plan may establish classes of time share interests defined by characteristics as the developer shall determine, including but not limited to season, unit size, location, view, or otherwise. (b) If one or more of the ti…

[§514E-8.6] One-to-one use-right to use-night requirement. (a) A developer shall not offer or dispose of a time share unit or a time share interest unless the one-to-one use-right to use-night requirement is currently satisfied and will continue to be satisfied for the duration o…

§514E-9 Disclosure statement. (a) Any offering of a time sharing plan to the public shall disclose: (1) The name and address of the developer and of the time share units; (2) The name and address of the plan manager, if any, and a description of the plan manager's responsibilitie…

[§514E-9.1] Disclosure statement; prospective purchasers. The purchaser of a time share interest shall be provided a copy of the disclosure statement filed with and accepted by the director concurrently with the execution of a sales contract. The disclosure statement shall be pro…

[§514E-9.5] Exchange program; general provisions. (a) An exchange agent (including the developer if it is also an exchange agent) shall distribute not less than annually to each purchaser of a time share interest participating in the exchange program materials containing written …

[§514E-9.8] Time share interest owner referrals. (a) An owner of an interest in a time share plan duly registered under this chapter who is not licensed under chapter 467 and provides the name and address of a prospective purchaser or otherwise refers a prospective purchaser of a…

§515-1 Construction. This chapter shall be construed according to the fair import of its terms and shall be liberally construed. [L 1967, c 193, pt of §1; HRS §515-1]

§515-13 Remedies. (a) If the commission determines that the respondent has engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory pr…

§515-16 Other discriminatory practices. It is a discriminatory practice for a person, or for two or more persons to conspire: (1) To retaliate, threaten, or discriminate against a person because of the exercise or enjoyment of any right granted or protected by this chapter, or be…

§515-17 Attempts. An attempt to commit, directly or indirectly, a discriminatory practice is a discriminatory practice. [L 1967, c 193, §17; HRS §515-17]

§515-18 Conciliation agreements. (a) Section 368-4 to the contrary notwithstanding, any conciliation agreement which results after a finding of cause shall be subject to the approval of the commission and shall be made public unless the complainant and respondent otherwise agree …

§515-19 Public contractors. Upon receiving a certification made under section 515-13(c), a contracting agency may take appropriate action to: (1) Terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respon…

§515-2 Definitions. In this chapter, unless the context otherwise requires: "Age" means over the age of majority or emancipated minors. "Commission" means the civil rights commission. "Disability" means having a physical or mental impairment which substantially limits one or more…

§515-20 Prima facie evidence. In a proceeding under this chapter, a written, printed, or visual communication, advertisement, or other form of publication, or written inquiry, or record, or other document purporting to have been made by a person is prima facie evidence that it wa…

§515-3 Discriminatory practices. (a) It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race; sex, including gender identity or expression; sexual orientation; color; relig…

§515-4 Exemptions. (a) Section 515-3 does not apply: (1) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the owner or lessor resides in one of the housing accommodati…

§515-5 Discriminatory financial practices. It is a discriminatory practice for a person, a representative of such person, or a real estate broker or salesperson, to whom an inquiry or application is made for financial assistance in connection with a real estate transaction or for…

§515-6 Restrictive covenants and conditions. (a) Every provision in an oral agreement or a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, sex, including gend…

§515-7 Blockbusting. It is a discriminatory practice for a person, representative of a person, or a real estate broker or salesperson, for the purpose of inducing a real estate transaction from which the person, representative, or real estate broker or salesperson may benefit fin…

§515-8 Religious institutions. It is not a discriminatory practice for a religious institution or organization or a charitable or educational organization operated, supervised, or controlled by a religious institution or organization to give preference to members of the same reli…

§515-9 Enforcement. (a) The civil rights commission has jurisdiction over the subject of real property transaction practices and discrimination made unlawful by this chapter. The commission has the following powers: (1) To receive, initiate, investigate, seek to conciliate, hold …

PART I. GENERAL PROVISIONS §516-1 Definitions. Unless otherwise clear from the context, as used in this chapter: "Corporation" means the Hawaii housing finance and development corporation created by chapter 201H. "Development tract" means a single contiguous area of real property…

§516-101 Revenue bonds; authorization. (a) The corporation, with the approval of the governor, may issue from time to time revenue bonds in amounts not exceeding the total amount of bonds authorized to be issued by the legislature for the purpose of undertaking and maintaining an…

§516-102 Revenue bonds; payment and security. (a) The revenue bonds shall be payable from and secured by the revenues derived from the benefits of the acquisition loan programs for which the revenue bonds are issued, including: (1) Any payment made for eligible loans or other agr…

§516-103 Revenue bonds; interest rate, price, and sale. (a) The revenue bonds shall bear interest at a rate or rates payable monthly, quarterly, or semiannually. (b) The corporation shall include the costs of undertaking and maintaining the acquisition loan programs for which the…

§516-104 Revenue bonds; investment of proceeds and redemption. Subject to any agreement with the holders of its revenue bonds, the corporation may: (1) Invest its moneys not required for immediate use, including proceeds from the sale of any revenue bonds, in accordance with sect…