HRS §514B-31
How a condominium property regime is created
To start a condominium property regime, all owners of the land must sign and record a declaration. Once the master deed and declaration are recorded, the regime is created. Existing rights on the land stay unless the owner joins the declaration or subordinates their interest.
condominium associationsdeveloperslandowners
The statute, as written — 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.
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