STAND. COM. REP. NO. 2885

Honolulu, Hawaii

RE: S.B. No. 2859

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2859, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LAND COURT,"

begs leave to report as follows:

The purpose and intent of this measure is to authorize the use of a master certificate of title for new common interest communities to simplify and streamline the operation of the land court.

Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that the existing process for the land court system requires the certificate of title of each unit to note any amendment to the documents governing a condominium or planned community. By utilizing a master certificate of title that lists encumbrances of general application, certificates of title for individual units can accurately incorporate by reference the encumbrances on the master certificate of title, creating a history of amendments to a specific condominium or planned community. This measure streamlines the land court process by eliminating requirements to certificate of title amendments for each unit to reflect any changes in the encumbrances of general application to the condominium or planned community.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2859, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair