§501-247 - Voluntary dealing with a leasehold time share interest. - Hawaii Statutes

     [§501-247]  Voluntary dealing with a leasehold time share interest.  (a)  Except as otherwise provided in this part, an owner of a leasehold time share interest may convey, mortgage, sublease, charge, or otherwise deal with the same as if the condominium to which it pertains was established on unregistered land.  The owner may use forms of assignments, mortgages, or other voluntary instruments like those now in use and sufficient in law for the purpose intended.

     (b)  Notwithstanding subsection (a) and section 502-83, no assignment, mortgage, or other voluntary instrument (except a will, a lease for a term not exceeding one year, or an instrument required by this part to be registered in the land court and which is so registered) purporting to assign or affect a leasehold time share interest, shall take effect as a conveyance or bind the leasehold time share interest, but shall operate only as a contract between the parties, and as evidence of authority to the registrar or assistant registrar.  The act of recordation pursuant to chapter 502 shall be the operative act to assign or affect the leasehold time share interest. [L 1998, c 219, pt of §1]