HAR §12-46-312

HAR §12-46-312. Restrictive covenants and conditions

Last amended: 1993Length: 146 wordsOfficial source

Cite as Haw. Code R. § 12-46-312

(a) Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, use, or lease thereof to individuals because of their protected basis is void. (b) Every condition, restriction, or prohibition, including a right of entry or possibility 46-155 ( of reverter, which directly or indirectly limits the use or occupancy of real property because of a protected basis is void, except a limitation, on the basis of religion, in the use of real property held by a religious institution and used for religious or charitable purposes. (c) It is a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor such a provision in the chain of title. [Eff 10/15/93; comp ] (Auth: HRS §§368-3, 515-9(7)) (Imp: HRS §515-6)
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