HOUSE OF REPRESENTATIVES

H.B. NO.

115

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO REAL PROPERTY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"46- Abandoned real property; includes properties subject to foreclosure. (a) Any county may enact ordinances for the protection and safeguarding of abandoned real property, including the imposition of registration, maintenance, and security requirements upon the owner of the property.

(b) Ordinances relating to the registration of abandoned real property shall be limited to properties that are subject to a foreclosure proceeding.

(c) Ordinances relating to maintenance shall ensure that owners shall be responsible for maintaining their abandoned real properties in accordance with relevant sanitary codes, building codes, and ordinances relating to external or visible maintenance, including a requirement for owners to perform monthly inspections on the property for the duration of the abandonment.

(d) Ordinances relating to security shall ensure that owners shall be responsible for maintaining their property in a secure manner so as not to be accessible to unauthorized persons, including but not limited to, the following:

(1) The closure and locking of windows, doors, gates, and other openings;

(2) The securing of broken windows by reglazing or replacement; and

(3) The closure or filling of any excavations or swimming pools.

(e) Adherence to the ordinances enacted pursuant to this section shall not relieve owners of the obligation to pay real property taxes on the property or of any applicable obligations set forth elsewhere within any covenants, conditions, restrictions, or homeowner's association bylaws.

(f) For the purposes of this section, unless the context indicates otherwise:

"Abandoned real property" or "property" means real property that is vacant, under a current notice of default, and is the subject of foreclosure action or proceeding; and:

(1) Is the subject of a foreclosure sale where the title was retained by the mortgagee involved in the foreclosure; or

(2) Has been transferred under a deed in lieu of foreclosure or sale to the mortgagee.

"Owner" means any person, entity, or service company, who alone or severally with others:

(1) Has legal or equitable title to any real property, vacant or otherwise;

(2) Has care, charge, or control of any real property in any capacity, including as agent, executor, administrator, trustee, or guardian of the estate of the holder of legal title;

(3) Is a mortgagee in possession of real property; or

(4) Is an agent, trustee, or other person appointed by the courts and vested with possession or control of any real property.

"Vacant" means real property that is not legally occupied for more than thirty days."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Real Property; County Ordinances

 

Description:

Authorizes the counties to enact ordinances to safeguard and protect abandoned properties, including properties held in foreclosure.

 

 

 

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