429-1 Definitions
429-2 Supplementary general principles of law and equity
429-3 Territorial application
429-4 Real and personal property; nonprofit association as legatee, devisee, or beneficiary
429-5 Statement of authority as to real property
429-6 Liability in contract and tort
429-7 Capacity to assert and defend; standing
429-8 Effect of judgment or order
429-9 Disposition of personal property of inactive nonprofit association
429-10 Appointment of agent to receive service of process
429-11 Claim not abated by change
429-12 Venue
429-13 Summons and complaint; service on whom

Terms Used In Hawaii Revised Statutes > Chapter 429 - Uniform Unincorporated Nonprofit Association Act

  • Access aisle: means the area that is adjacent to a parking space reserved for a person with a disability and that is to be used exclusively by that person for the purpose of entering and exiting a vehicle. See Hawaii Revised Statutes 291-51
  • Alley: means a street or highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic. See Hawaii Revised Statutes 291C-1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bicycle: means :

         (1)  A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or

         (2)  A low-speed electric bicycle, as defined under title 15 U. See Hawaii Revised Statutes 291C-1

  • Bicycle lane: means that portion of any highway which has been set aside for the preferential or exclusive use of bicycles. See Hawaii Revised Statutes 291C-1
  • Bicycle path: means any facility set aside for the preferential or exclusive use of bicycles and physically separated from a highway. See Hawaii Revised Statutes 291C-1
  • Bicycle route: means any highway that is designated to be shared by bicycles and pedestrians or motor vehicles, or both. See Hawaii Revised Statutes 291C-1
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Hawaii Revised Statutes 291C-1
  • Bus: means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a school bus or a taxicab, designed and used for the transportation of persons for compensation. See Hawaii Revised Statutes 291C-1
  • Business district: means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. See Hawaii Revised Statutes 291C-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled-access highway: means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. See Hawaii Revised Statutes 291C-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Disability parking permit: means a removable windshield placard, special license plate, temporary removable windshield placard, or disabled paid parking exemption permit. See Hawaii Revised Statutes 291-51
  • Disabled paid parking exemption permit: means a permit to be displayed on a dashboard or contained elsewhere on the vehicle, a code, or a two-sided, hanger style placard that indicates that the individual to whom the permit, code, or placard is issued pursuant to this part is licensed to drive a motor vehicle and not able to reach or operate a parking meter or unattended pay station because of a physical disability. See Hawaii Revised Statutes 291-51
  • Driver: means every person who drives or is in actual physical control of a vehicle. See Hawaii Revised Statutes 291C-1
  • Electric foot scooter: means a device:

         (1)  Weighing less than seventy-five pounds;

         (2)  With two or three wheels;

         (3)  With handlebars;

         (4)  With either:

              (A)  A floorboard that can be stood upon while riding; or

              (B)  A seat or saddle for the use of the rider and stationary footrests;

         (5)  That is powered by an electric motor or human power; and

         (6)  Whose maximum speed, with or without human propulsion on a paved level surface, does not exceed fifteen miles per hour. See Hawaii Revised Statutes 291C-1

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Highway: means the entire width between the boundary lines of every way publicly maintained and those private streets, as defined in section 46-16, over which the application of this chapter has been extended by ordinance, when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 291C-1
  • House trailer: means :

         (1)  A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or

         (2)  A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (1), but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Hawaii Revised Statutes 291C-1

  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. See Hawaii Revised Statutes 291C-1
  • Invalid disability parking permit: means an expired or voided removable windshield placard, temporary removable windshield placard, special license plates, or disabled paid parking exemption permit. See Hawaii Revised Statutes 291-51
  • Issuing agency: means the disability and communication access board. See Hawaii Revised Statutes 291-51
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Member: means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association. See Hawaii Revised Statutes 429-1
  • Moped: means a device upon which a person may ride that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3. See Hawaii Revised Statutes 291C-1
  • Motor vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power but not operated upon rails but excludes a moped. See Hawaii Revised Statutes 291C-1
  • Nonprofit association: means an unincorporated organization, other than one created by a trust, consisting of two or more members joined by mutual consent for a common, nonprofit purpose. See Hawaii Revised Statutes 429-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: means a person, other than a lien holder, having the property in or title to a vehicle. See Hawaii Revised Statutes 291C-1
  • parking: means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. See Hawaii Revised Statutes 291C-1
  • Parking space reserved for persons with disabilities: means a public or private parking space, including the access aisle, designated for the use of a person with a disability that is designed and constructed in compliance with the requirements of the federal Americans with Disabilities Act of 1990, as

    amended, and related rules and guidelines, and is marked with a sign designating the parking space as reserved for persons with disabilities. See Hawaii Revised Statutes 291-51

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pedestrian: means any person afoot, in an invalid chair, or in a vehicle propelled by a person afoot. See Hawaii Revised Statutes 291C-1
  • Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 429-1
  • Person with a disability: means a person with a disability that limits or impairs the ability to walk, and who, as determined by a licensed practicing physician or an advanced practice registered nurse:

         (1)  Cannot walk two hundred feet without stopping to rest, and who has been diagnosed with:

              (A)  An arthritic, neurological, orthopedic, renal, vascular, or oncological condition;

              (B)  Lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest; or

              (C)  A cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association; and

         (2)  Because of a condition identified in paragraph (1):

              (A)  Cannot walk two hundred feet under the person's own power without stopping to rest;

              (B)  Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or

              (C)  Uses portable oxygen. See Hawaii Revised Statutes 291-51

  • Personal property: All property that is not real property.
  • Police officer: means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Hawaii Revised Statutes 291C-1
  • Private entity: means a private owner or lessee of a parking facility or site where invitation to the general public is expressed or implied. See Hawaii Revised Statutes 291-51
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Railroad: means a carrier of persons or property upon cars operated upon stationary rails. See Hawaii Revised Statutes 291C-1
  • Railroad train: means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. See Hawaii Revised Statutes 291C-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Removable windshield placard: means a two-sided, hanger-style placard issued under this part to a person with a disability who presents a certificate of disability that verifies that the applicant's disability is expected to last for at least six years. See Hawaii Revised Statutes 291-51
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. See Hawaii Revised Statutes 291C-1
  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Hawaii Revised Statutes 291C-1
  • Safety zone: means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Hawaii Revised Statutes 291C-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • standing: means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. See Hawaii Revised Statutes 291C-1
  • Street: means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 291C-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary removable windshield placard: means a two-sided, hanger-style placard issued under this part to a person with a disability who presents a certificate of disability that verifies the person's disability in monthly increments, which shall not exceed six months. See Hawaii Revised Statutes 291-51
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Through highway: means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when such signs or devices are erected as provided by law. See Hawaii Revised Statutes 291C-1
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Toy bicycle: means every device propelled solely by human power upon which any person may ride, having two tandem wheels, including any device generally recognized as a bicycle though equipped with two front or two rear wheels, which has a seat height of not more than twenty-five inches from the ground when the seat is adjusted to its highest position; or a scooter or similar device regardless of seat height. See Hawaii Revised Statutes 291C-1
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. See Hawaii Revised Statutes 291C-1
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds and bicycles, but excluding toy bicycles, devices other than bicycles moved by human power, and devices used exclusively upon stationary rails or tracks. See Hawaii Revised Statutes 291C-1
  • Venue: The geographical location in which a case is tried.