THE SENATE

S.B. NO.

443

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO REAL ESTATE DISCLOSURE.

 

 

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

 


SECTION 1. Section 508D-15, Hawaii Revised Statutes, is amended to read as follows:

"508D-15 Notification required; ambiguity. (a) When residential real property lies:

(1) Within the boundaries of a special flood hazard area as officially designated on Flood Insurance Administration maps promulgated by the United States Department of Housing and Urban Development for the purposes of determining eligibility for emergency flood insurance programs;

(2) Within the boundaries of the noise exposure area shown on maps prepared by the department of transportation in accordance with Federal Aviation Regulation part 150, Airport Noise Compatibility Planning (14 C.F.R. part 150), for any public airport;

(3) Within the boundaries of the Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities; or

(4) Within the anticipated inundation areas designated on the department of defense's emergency management tsunami inundation maps,

subject to the availability of maps that designate the four areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the four designated areas specified in this subsection. The maps shall identify the properties situated within the four designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee.

(b) When it is questionable whether residential real property lies within any of the designated areas referred to in subsection (a) due to the inherent ambiguity of boundary lines drawn on maps of large scale, the ambiguity shall be construed in favor of the seller; provided that a good faith effort has been made to determine the applicability of subsection (a) to the subject real property.

(c) Except as required under subsections (a) and (b), and as required under section 508D-3.5, the seller shall have no duty to examine any public record when preparing a disclosure statement.

(d) Notwithstanding subsection (a) to the contrary, the seller shall disclose:

(1) The presence of all albizia trees on the residential real property for sale; and

(2) The presence of any hazard albizia trees on neighboring properties,

in the disclosure statement provided to the buyer subject to this chapter. The disclosure statement shall contain information concerning the risks of albizia trees, including the fact that the fallen branches and debris from albizia trees may pose a substantial threat to infrastructure and individuals due to the shallow roots, brittle wood, and weak structure of these fast growing trees. Any ambiguity arising from this subsection shall be construed in favor of the seller; provided that a good faith effort has been made to determine the applicability of this subsection.

For purposes of this subsection, "hazard albizia tree" means any albizia tree that is greater than eight feet in height, is growing within a distance of 1.5 times its height from roads, structures, power lines, hiking trails, areas of congregation, or anything of value, and will impact the aforementioned property upon the tree's collapse."

SECTION 2. New statutory material is underscored.

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

 

INTRODUCED BY:

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Report Title:

Real Estate Disclosure; Albizia Trees; Hazard Albizia Trees

 

Description:

Requires disclosure of albizia trees and associated risks in a disclosure statement as part of the sale or transfer of residential real property.

 

 

 

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