Title 28, Property

PART III. RIGHTS OF LESSEES §516-61 Applicability. Except as otherwise expressly provided, this part applies to all leases of residential lots existing and in force on June 24, 1967, and to all leases of residential lots executed thereafter. Notwithstanding any term, condition, o…

§516-62 Discrimination. No person shall be denied the right to become a lessee of a residential lot, because of the person's race, religion, sex, ancestry, or a physical handicap. [L 1967, c 307, §35; HRS §516-62; am L 1976, c 159, §8; gen ch 1985]

§516-63 Free assignability. Except as otherwise provided in section 516-35 and restrictions placed in leases by state or county agencies, a lessee may assign the lessee's lease at any time without the approval or consent of the lessor, and the assignee shall have the same rights …

§516-64 Forfeiture. No forfeiture of the lessee's interest in a leasehold shall be declared by the lessor for the lessee's failure to pay the rent or otherwise to perform the lessee's obligations under the lease, unless the lessor has given written notification to the lessee of t…

§516-65 Extension. From time to time during the first twenty years of the term of any lease, the lessee shall have the right to extend the lease term to fifty-five years, commencing on the first day of the calendar month in which the lessee gives written notice thereof to the les…

§516-66 Lease rental. (a) In every case of an extension under section 516-65, the annual lease rental during the first thirty years shall not exceed an amount determined as follows: (1) Compute to the nearest whole year, one hundred per cent of the unexpired period of fixed rent …

§516-67 Zoning changes. A lessor, fee owner, or any legal or equitable owner applying for a change in zoning in any area shall notify all of the lessor's, fee owner's, or legal or equitable owner's lessees within three-fourths miles of the land proposed to be rezoned of the appli…

§516-68 Rights to self-organization; remedies. Lessees in a development tract shall have the right of self-organization and the right to form, join, or assist each other in forming associations for their mutual benefit or to select representatives of their choosing to engage in b…

§516-69 Sale of fee by lessor. No fee owner of any residential lot under lease shall sell the leased fee interest to the lot to any third party unless the fee owner has first given a written thirty-day notice to the lessee and the corporation of such intention. [L 1967, c 307, §4…

§516-7 Corporation's duties, generally. In addition to any other duty prescribed by law and in this chapter, the Hawaii housing finance and development corporation shall: (1) Within six months after June 24, 1967, adopt and promulgate, in accordance with chapter 91, all rules and…

§516-70 Reversion of improvements. (a) This section applies to all leases of residential lands as defined by section 516-1. (b) At the termination of any lease, or at the expiration of the lease term, the lessee may, if not then in default under the terms of the lessee's lease, r…

§516-71 Residential lease; disclosure. (a) Except as otherwise provided for in this section, for any sale of a leasehold residential lot, no later than ten calendar days after the acceptance of the deposit, receipt, offer, and acceptance contract (DROA) or other similar contract,…

[§516-72] Civil penalty. Failure to furnish disclosures substantially complying with the requirements of section 516-71 shall entitle the buyer to the recovery of a civil penalty of $1,000 in any proceeding at law brought within one year of the violation and the violator shall be…

[§516-73] Suggested form of standardized summary of lease provisions. A standardized summary of lease provisions executed pursuant to section 516-71 of this chapter may, but need not, be substantially in the following form: STANDARDIZED SUMMARY OF LEASE PROVISIONS This receipt da…

§516-8 Interested members, officers, or employees. No member of the Hawaii housing finance and development corporation or officer or employee administering this chapter shall acquire any interest, direct or indirect, in the ownership or development of any development tract other …

[§516-82] Severability. If any part, section, sentence, clause, or phrase of this chapter, or its application to any person or transaction or other circumstances, is for any reason held to be unconstitutional or invalid, the remaining parts, sections, sentences, clauses, and phra…

[§516-83] Legislative findings and declaration of necessity; purpose. (a) The legislature finds that: (1) There is a concentration of land ownership in the State in the hands of a few landowners who have refused to sell the fee simple titles to their lands and who have instead en…

§516-9 Quitclaim deeds. Unless otherwise provided by law, the corporation shall issue quitclaim deeds and leases whenever it conveys, transfers, sells, or assigns any property developed, constructed, or sponsored under this chapter. In no instance shall the corporation be conside…

PART V. FEE TITLE ACQUISITION LOAN PROGRAM §516-91 Definitions. The following words or terms as used in this part shall have the following meanings unless a different meaning clearly appears from the context: "Eligible borrower" means any lessee, irrespective of race, creed, nati…

§516-95 Rules; eligible loans. (a) The corporation shall establish requirements for property financed by an eligible loan, and may consider, but not be limited to the location, age, condition, and other characteristics of the property. (b) The corporation shall establish restrict…

PART I. GENERAL PROVISIONS §516D-1 Applicability. This chapter applies to all lands on which are situated either residential condominium property regimes created under chapter 514B or any predecessor thereto, or cooperative housing corporations, which are owned or held privately …

PART II. RIGHTS OF LESSEES §516D-11 Residential lease; disclosure. (a) Except as otherwise provided in this section, for any sale of a condominium or a cooperative residential leasehold apartment or unit, no later than ten calendar days after the acceptance of the deposit, receip…

[§516D-11.5] Civil penalty. Failure to furnish disclosures substantially complying with the requirements of section 516D-11 shall entitle the buyer to the recovery of a civil penalty of $1,000 in any proceeding at law brought within one year of the violation and the violator shal…

[§516D-11.6] Suggested form of a standardized summary of lease provisions. A standardized summary of lease provisions executed pursuant to section 516D-11 of this chapter may, but need not, be substantially in the following form: STANDARDIZED SUMMARY OF LEASE PROVISIONS This rece…

[§516D-12] Mandatory arbitration of rent renegotiation. (a) Every residential lease shall contain a provision for the mandatory arbitration of any rent renegotiation reopening. (b) In the event that a residential lease does not contain a mandatory arbitration provision, the follo…

§517-1 Court approval of disposition of property under restraint. Notwithstanding any limitation in any instrument creating any estate or trust, whether or not eleemosynary or incorporated, and whether or not in effect prior to April 24, 1957, which forbids or restrains the sale …

§517-2 Construction of wills and trust instruments. Whenever any will or trust instrument contains any provision restraining the free alienation of land or limiting the term of leases to the duration of the trust or to a term of less than fifty-five years and any such provision c…

§517-3 Effect on existing and subsequent trusts. The legislature declares that if this chapter is held invalid or unconstitutional with respect to trusts and estates existing prior to April 24, 1957, it would have enacted this chapter as applicable to estates and trusts arising s…

[§517E-1] Short title. This chapter may be cited as the Uniform Prudent Management of Institutional Funds Act. [L 2009, c 135, pt of §1]

[§517E-2] Definitions. As used in this chapter, unless the context otherwise requires: "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievemen…

[§517E-3] Standard of conduct in managing and investing an institutional fund. (a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the p…

[§517E-4] Appropriation for expenditure or accumulation of endowment fund; rules of construction. (a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution de…

[§517E-5] Delegation of management and investment functions. (a) Subject to any specific limitation set forth in a gift instrument or otherwise provided by law, an institution may delegate to an external agent the management and investment of an institutional fund to the extent t…

[§517E-6] Release or modification of restrictions on management, investment, or purpose. (a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction on the management, investment, or purpose of an institutional fund contained in…

[§517E-7] Reviewing compliance. Compliance with this chapter shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. [L 2009, c 135, pt of §1]

[§517E-8] Application to existing institutional funds. This chapter shall apply to institutional funds existing on or established after July 1, 2009. As applied to institutional funds existing on July 1, 2009, this chapter shall govern only decisions made or actions taken on or a…

[§517E-9] Relation to Electronic Signatures in Global and National Commerce Act. This chapter shall modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but shall not modify, limit, or supersede section 101(c)…

§518-1 Unlawful covenants. It is unlawful for any person, association, firm, or corporation, as the lessor, to lease agricultural or farm lands with covenants or clauses in the lease stating that the lessee must sell all or a portion of the crop grown on the agricultural or farm …

§518-2 No recovery on illegal covenants. Any covenant or clause contained in any lease made by any person, association, firm, or corporation in violation of this chapter is declared to be illegal, and no recovery thereon shall be had, provided that the illegal covenant or clause …

§518-3 Invalidity of certain restrictive covenants. It is the public policy of the State to establish community residences in residential areas. Therefore, any restrictive covenant or other private legal impediment made by any person, association, firm, or corporation which direc…

[§519-1] Lease renegotiations; calculation of rent; definition. (a) Whenever any agreement or document for the lease of private lands provides for the renegotiation of the rental amount or other recompense during the term of the lease and such renegotiated rental amount or other …

§519-2 Residential leases of real property. (a) All leases as defined by section 516-1, of residential lots, as defined by section 516-1, existing on June 2, 1975, or entered into thereafter, which provide for reopening of the contract for renegotiation of lease rent terms shall …

§519-3 Leases of real property by a cooperative housing corporation. (a) All leases, including subleases executed by a cooperative housing corporation as lessee, and all leases, including subleases acquired by a cooperative housing corporation by assignment, whether executed prio…

[§519-4] Exemption for sustainable affordable developments. Notwithstanding any other law to the contrary, no lessee under a sustainable affordable lease as defined in section 516-1 and qualified under section 516-202 may exercise the rights granted to a lessee under section 519-…

[§520-1] Purpose. The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes. [L 1969, c 186, §1]

§520-2 Definitions. As used in this chapter: "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land. "House guest" means any person specifically invited by the owner or a member of the owner's household to visit at the …