Hawaii Revised Statutes 501-20 – Definitions
Terms Used In Hawaii Revised Statutes 501-20
- Apartment lease: means a unit lease, a condominium conveyance document, a unit deed and ground lease, or other instrument which has been registered pursuant to section 501-121 and which leases or subleases a condominium unit or its appurtenant undivided interest in the land of a condominium project established or existing under chapter 514B or at common law. See Hawaii Revised Statutes 501-20
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fee time share interest: means a time share interest, other than a leasehold time share interest, that, at any time on or after July 1, 2011, consists or consisted of, or includes or included an undivided interest in registered land, including but not limited to an undivided interest in one or more fee simple condominium apartments or units established in whole or in part on registered land. See Hawaii Revised Statutes 501-20
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Leasehold time share interest: means a time share interest consisting of an undivided interest in an apartment lease. See Hawaii Revised Statutes 501-20
- Notice of time share plan: means a notice of time share plan as that term is defined in chapter 514E. See Hawaii Revised Statutes 501-20
- Signature: means the name of a person as written by the individual, the affixing of a mark or finger or toe print, or electronic signature as that term is defined in chapter 489E. See Hawaii Revised Statutes 501-20
- State: means the State of Hawaii. See Hawaii Revised Statutes 501-20
- Time share interest: means a time share interest as that term is defined in chapter 514E. See Hawaii Revised Statutes 501-20
- Time share plan: means a time share plan as that term is defined in chapter 514E. See Hawaii Revised Statutes 501-20
As used in this chapter, unless the context otherwise requires:
“Apartment lease” means a unit lease, a condominium conveyance document, a unit deed and ground lease, or other instrument which has been registered pursuant to section 501-121 and which leases or subleases a condominium unit or its appurtenant undivided interest in the land of a condominium project established or existing under chapter 514B or at common law.
“Certified fee time share interest certificate of title” means a certificate of title for a fee time share interest that has been updated and approved by the assistant registrar in accordance with section 501-261(1).
“Date and time of deregistration” means:
(1) The date and time that a certificate of title for land, other than a fee time share interest, is recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter;
(2) The date and time, if prior to July 1, 2012, when a certificate of title for a fee time share interest was recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter, whether such certificate of title was or is certified by the assistant registrar prior to, subsequent to, or on July 1, 2012;
(3) July 1, 2012, at 12:01 a.m. for all other fee time share interests then in existence and for which a certificate of title was not recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter prior to July 1, 2012; and
(4) For all fee time share interests not yet in existence as of July 1, 2012, at 12:01 a.m., the date and time of recordation of the declaration, declaration of annexation, or other document or instrument establishing such fee time share interest.
“Deregistered land” means:
(1) Land, other than a fee time share interest, that is the subject of a certificate of title recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter;
(2) A fee time share interest that is the subject of a certificate of title recorded in the bureau of conveyances pursuant to chapter 502 and part II of this chapter prior to July 1, 2012, whether the certificate of title is certified by the assistant registrar on, before, or after July 1, 2012; and
(3) All other fee time share interests.
“Enter”, “entered”, or “entering” means to note the purpose of a filed or recorded document on the certificate of title.
“Fee time share interest” means a time share interest, other than a leasehold time share interest, that, at any time on or after July 1, 2011, consists or consisted of, or includes or included an undivided interest in registered land, including but not limited to an undivided interest in one or more fee simple condominium apartments or units established in whole or in part on registered land.
“File”, “filed”, or “filing” means to accept, maintain, and preserve all instruments required to be filed.
“Leasehold time share interest” means a time share interest consisting of an undivided interest in an apartment lease.
“Notice of time share plan” means a notice of time share plan as that term is defined in chapter 514E.
“Record”, “recorded”, or “recording” means to make an entire literal copy of all instruments required to be recorded.
“Signature” means the name of a person as written by the individual, the affixing of a mark or finger or toe print, or electronic signature as that term is defined in chapter 489E.
“State” means the State of Hawaii.
“Time share interest” means a time share interest as that term is defined in chapter 514E.
“Time share plan” means a time share plan as that term is defined in chapter 514E.
“Uncertified fee time share interest certificate of title” means a certificate of title issued for a fee time share interest that has not been updated and approved by the assistant registrar in accordance with section 501-261(1).