§514B-31 - Creation. - Hawaii Statutes

PART III.  CREATION, ALTERATION, AND TERMINATION

OF CONDOMINIUMS

 

Note

 

  Part heading amended by L 2005, c 93, pt of §2.

 

     [§514B-31]  Creation.  (a)  To create a condominium property regime, all of the owners of the fee simple interest in land shall execute and record a declaration submitting the land to the condominium property regime.  Upon recordation of the master deed together with a declaration, the condominium property regime shall be deemed created.

     (b)  The condominium property regime shall be subject to any right, title, or interest existing when the declaration is recorded if the person who owns the right, title, or interest does not execute or join in the declaration or otherwise subordinate the right, title, or interest.  A person with any other right, title, or interest in the land may subordinate that person's interest to the condominium property regime by executing the declaration, or by executing and recording a document joining in or subordinating to the declaration. [L 2005, c 93, pt of §2]