SB 2859 Summary

• Authorizes the use of master certificates of title for new common interest communities (condominiums and planned communities) in Hawaii's land court system.

• Requires the assistant registrar to prepare a master certificate of title upon recording a declaration creating a common interest community and issue separate certificates for each unit that reference the master certificate.

• Master certificates list governing documents and encumbrances of general application, while individual unit certificates incorporate by reference the encumbrances on the master certificate, eliminating the need to amend each unit's certificate when general encumbrances change.

• Specifies that master certificates shall not include liens or encumbrances pertaining solely to individual owners (such as mortgages, judgments, or mechanic's liens against specific units).

• Takes effect on July 1, 2050.