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SB2233
THE SENATE
S.B. NO.
2233
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to property
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that restrictive covenants, sometimes referred to as private covenants,
are contractual conditions attached to the deed or title of real property that
regulate the use, design, or occupancy of the land.
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These covenants can "run with the
land" if they so provide, meaning that they bind successive owners
regardless of personal consent.
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Restrictive covenants are lawful and enforceable under state law when
they are recorded, unambiguous, and not contrary to public policy.
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The Hawaii Supreme Court has long held that
where a deed makes specific reference to a restrictive covenant, the grantee is
on notice that their interest is subject to the terms of the restrictive
covenant.
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Lee V. Puamana Community
Ass'n
, 109 Haw. 561, 568 (Hawaii 2006).
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However, enforcement cannot extend to covenants that violate
constitutional statutory protections against discrimination.
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The legislature further finds that private
covenants in the State remain valid and enforceable instruments of land-use
control, provided they conform to both state and federal law.
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The State recognizes these covenants as an
essential component of private land governance but retains oversight to ensure
that they align with the broader public interest in fairness, equality, and
sustainable development.
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The legislature also finds that currently, individual
homeowners must enforce their private covenants if county permitting
departments issue building permits that violate certain covenants that create a
general plan of development.
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This
results in unnecessary litigation, avoidable legal costs, and an undue burden
on homeowners from unreasonable permitting.
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Accordingly, the purpose of this Act is to
prohibit a county from issuing building permits that infringe on certain private
or restrictive covenants.
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SECTION 2.
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Chapter 46, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
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"
�46-
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Building permits; prohibition; private
covenants; restrictive covenants.
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No county shall issue a building permit for a project that violates any
existing private covenant or restrictive covenant that has been registered with
the bureau of conveyances or the land court.
"
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SECTION 3.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Counties;
Building Permits; Prohibition; Private Covenants; Restrictive Covenants
Description:
Prohibits
a county from issuing a building permit for a project that violates any private
covenant or restrictive covenant that has been registered with the Bureau of
Conveyances or Land Court.
The summary description
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not legislation or evidence of legislative intent.