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Hawaii HOA Governing Statute

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Hawaii · Governing Statute

Hawaii HOA Governing Statute

1. Overview — How HOAs are governed in Hawaii

Hawaii runs a hybrid framework. A detailed, purpose-built statute covers condominiums, while non-condominium planned communities have no comparable comprehensive code and run primarily on recorded covenants. The condominium statute is the Hawaii Condominium Property Act, HRS Chapter 514B, which took effect July 1, 2006.1

The predecessor framework, HRS Chapter 514A (originally enacted in 1977), was formally repealed effective January 1, 2019 by Act 181, SLH 2017, and Act 223, SLH 2019 extended safe-harbor transitional provisions through June 30, 2020. Certain pre-2006 projects that did not transition under the safe harbor must re-register under Chapter 514B.2

Condominium regulation in Hawaii sits inside a developed administrative structure. The Department of Commerce and Consumer Affairs (DCCA) Real Estate Branch staffs Condominium Specialists, processes biennial condominium association registrations, reviews developer public reports for the Real Estate Commission, and administers the Condominium Education Trust Fund (CETF) under HRS §§ 514B-71 and 514B-72.3 Effective March 26, 2026, Haw. Admin. R. chapter 16-107 was repealed and chapters 16-119.1 through 16-119.8 were adopted in its place, replacing condominium rules that still implemented the repealed Chapter 514A.4

Non-condominium associations in Hawaii have no parallel comprehensive statute. The Planned Community Associations Act, HRS Chapter 421J, supplies a limited set of governance rules — board meetings, proxies, lien procedures, mediation — but it does not address creation, registration, public reports, or reserves the way Chapter 514B does.5

For non-condo HOAs, recorded covenants, conditions, and restrictions (CC&Rs) remain the primary governing instrument, and the Hawaii Nonprofit Corporations Act, HRS Chapter 414D (operative July 1, 2002), supplies corporate formalities for incorporated associations.6 That incorporation act also settles a federal question many boards still ask about: because a Hawaii nonprofit corporation comes into existence by filing with DCCA, it is a "domestic entity" under the current federal beneficial-ownership reporting rule and owes no BOI report to FinCEN, a status HOA Weekly's federal Corporate Transparency Act coverage tracks in detail.7 The DCCA Real Estate Branch states directly that “there is no government agency charged with oversight or responsibility of HRS Chapters 421J or 421I.”8

For property managers and board counsel, the practical division is sharp: condominium files are statute-driven, while non-condo association files are contract-driven and governed at the corporate level.

2. The statutory framework

2A. The Hawaii Condominium Property Act (HRS Chapter 514B)

HRS Chapter 514B, titled the Condominium Property Act, was enacted by Act 164, SLH 2004 and took effect on July 1, 2006.9 The chapter came out of a multi-year recodification project the Real Estate Commission commissioned under Act 213, SLH 2000, and Act 164 (SLH 2004) directs that the Commission's December 31, 2003 Final Report serves as an authorized aid in interpreting the chapter.10 Chapter 514B is a bespoke Hawaii statute and does not derive from the Uniform Common Interest Ownership Act (UCIOA); analogous concepts in UCIOA states, such as “common interest community,” have no direct equivalents in Hawaii law.

Chapter 514B is organized into seven Parts: Part I (General Provisions), Part II (Applicability), Part III (Creation, Alteration, and Termination of Condominiums), Part IV (Registration and Administration of Condominiums), Part V (Protection of Condominium Purchasers), Part VI (Management of Condominiums), and Part VII (Miscellaneous Provisions). Part VI is divided into four subparts covering board powers and duties, governance/elections/meetings, operations, and alternative dispute resolution.11

Section 514B-3 defines the operative terms used throughout the chapter, including “association” (the unit owners' association organized under § 514B-102), “board,” “common elements,” “common expenses,” “common interest,” “declaration,” “developer,” “managing agent,” “project,” and “unit.”12 The chapter applies “to all condominiums created within this State” under § 514B-21, and amendments to the chapter apply to all condominiums regardless of when the amendment is adopted.13

Part IV centralizes administration with the Real Estate Commission. Section 514B-51 requires developers to register a project and obtain an effective date for the developer's public report before they offer units for sale, and § 514B-54 specifies the content of that report.14 Section 514B-63 authorizes the appointment of condominium specialists within the DCCA Real Estate Branch.15

Section 514B-71 establishes the Condominium Education Trust Fund, dedicated to education, research, and subsidized dispute resolution; § 514B-72(a)(2) sets the per-unit, per-biennium amounts registered associations pay into the fund, currently $7.00 per unit for the CETF fee and $3.00 per unit for the CETF-Mediation (CEM) component, in addition to a nonrefundable $64 biennial registration fee per association and a $100 biennial Compliance Resolution Fund fee.16 The Real Estate Commission, rather than a free-standing “Condominium Review Board,” is the operative oversight body, and the Real Estate Branch publishes mediation case summaries and a periodic Condominium Bulletin that reflects CETF-funded activity.17

Chapter 514B mixes mandatory provisions with provisions an association may vary by declaration or bylaws. Section 514B-137(a), for example, allocates upkeep responsibility “except to the extent provided by the declaration or bylaws,” and § 514B-143(a) imposes insurance baselines “unless otherwise provided in the declaration or bylaws.”18 Other provisions, including the fidelity bond requirement at § 514B-143(a)(3) and the biennial registration requirement at § 514B-103, are mandatory and cannot be waived.19 Section 514B-111 also provides a circuit-court mechanism to excuse compliance with certain declaration provisions deemed unreasonable.20

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2B. HRS Chapter 514A — the predecessor condominium statute

HRS Chapter 514A, the predecessor “Condominium Property Regimes” law, was enacted in 1977 as a restatement of the former Chapter 514, which itself traced to Hawaii's 1961 Horizontal Property Regimes law.21 Act 181, SLH 2017 repealed Chapter 514A effective January 1, 2019, and Act 223, SLH 2019 temporarily re-enacted select Chapter 514A provisions through June 30, 2020 to let developers complete their transitions.22

The repeal did not invalidate any condominium property regime validly created under Chapter 514A before July 1, 2006. Existing Chapter 514A projects with active developer public reports between January 1, 2019 and July 1, 2020 transferred automatically to Chapter 514B; projects whose public reports had expired, or that never obtained an effective date, had to revise their governing documents and re-register under Chapter 514B before further sales.23 Operationally, the management provisions of Chapter 514B Part VI now govern all Hawaii condominiums regardless of creation date through the applicability framework codified at § 514B-21 (and former § 514B-22, which was repealed in 2019).24

For an older Hawaii project, three sources therefore frame the analysis: the recorded declaration, including any election to subject the project to Chapter 514B in full; the developer's public report history with the Real Estate Commission, including any safe-harbor transfer; and the Part VI (Management) provisions, which apply to operations regardless of creation date.

2C. Non-condo planned communities, Chapter 421J, and the role of CC&Rs

Hawaii has no comprehensive planned community statute comparable to Chapter 514B. HRS Chapter 421J, the Planned Community Associations Act, was enacted by Act 132, SLH 1997 and applies “to all planned community associations existing as of June 16, 1997 and all planned community associations created thereafter.”25 Chapter 421J addresses discrete governance topics — definitions (§ 421J-2), boards (§ 421J-3), meeting notice (§ 421J-3.5), proxies (§ 421J-4), Robert's Rules of Order (§ 421J-6), documents of the association (§ 421J-7), assessment increase notification (§ 421J-9), assessment liens (§ 421J-10.5), and mediation (§ 421J-13) — but it does not reach creation, public reports, reserve studies, or the broad management duties found in Chapter 514B Part VI.26

For non-condo HOAs, recorded CC&Rs remain the primary governing document. The developer supplies them at the time of subdivision, and they bind successor owners under common-law servitude doctrine. Incorporated planned community associations operate as nonprofit corporations under HRS Chapter 414D, which has been operative since July 1, 2002 and governs incorporation, member meetings, voting, director duties, indemnification, dissolution, and similar corporate formalities.27 Under general principles of legal interpretation, Chapter 414D applies where the condominium law has no specific provision on the subject and gives way to Chapter 514B where direct conflicts arise; the same hierarchical principle applies to planned community associations under Chapter 421J.28

The functional order of precedence for a Hawaii non-condo planned community runs this way: first, HRS Chapter 421J's limited mandatory provisions; second, the recorded declaration of CC&Rs; third, recorded bylaws; and fourth, house rules the board adopts within the authority the declaration and bylaws grant. Chapter 414D supplies corporate default rules where the association is incorporated, and Hawaii common law of contract, servitudes, and property fills the gaps. Hawaii appellate courts have held that, where a charter is not recorded and the declaration “could not reasonably be interpreted as creating the requisite authority” to impose mandatory payments, the entity is not an “association” within the statutory definition in § 421J-2 and cannot claim fees under § 421J-10.29

The operational implication is direct: a manager of a Hawaii non-condo planned community cannot point to a state HOA statute the way a condominium manager points to Chapter 514B. Authority for assessment collection, architectural review, fining, and enforcement runs first through the recorded declaration. The DCCA Real Estate Branch does not regulate planned community associations and does not maintain a registry for them.30

3. Compliance obligations created by the statutory framework

What an association owes its owners depends on which framework applies. Here is how governance, financial, disclosure, and dispute-resolution obligations divide between Chapter 514B condominiums and non-condo planned communities.

Governance obligations

For Chapter 514B condominiums, governance obligations are mandatory in substance and spelled out in Part VI. Section 514B-106 sets out the powers and duties of the board, including a fiduciary duty to the association with the care and loyalty required of a Chapter 414D corporate director, and § 514B-105 sets limits on the association's powers.31

Section 514B-107 limits board membership eligibility, barring tenants, resident managers, and employees of the condominium from board service.32 Section 514B-121 governs association meetings and, as amended by Act 42, SLH 2024, authorizes electronic meetings and electronic and mail voting on terms the chapter specifies, and § 514B-123 governs voting and proxies.33 Sections 514B-152, 514B-153, and 514B-154 govern association records — what the association must keep, where, and how owners may examine them — and § 514B-154.5 covers documents that must be made available, including for resale.34 Associations must register biennially under § 514B-103 and maintain fidelity bond coverage under § 514B-143(a)(3); both obligations are mandatory.35

For non-condo planned communities, the corresponding obligations come from three places: the limited Chapter 421J provisions on board structure, notice, and proxies; the recorded declaration and bylaws; and Chapter 414D corporate formalities, such as member meetings, director duties of care and loyalty, and record-keeping for nonprofit corporations. They are not statutory under any HOA-specific framework comparable to Chapter 514B.36

Financial obligations

For Chapter 514B condominiums, § 514B-148 requires the board to adopt an annual operating budget, conduct or update a reserve study, and fund replacement reserves, with the funding methodology — percent-funded or cash-flow plan — specified in the statute.37

Section 514B-149 governs the handling and disbursement of funds, and § 514B-150 requires an annual audit and audited financial statement; the statute lets a majority of unit owners waive the audit and the annual unannounced cash balance verification at an association meeting only when the association has fewer than twenty units.38 Section 514B-146 establishes the association's lien for unpaid assessments and the procedures for non-judicial and judicial foreclosure, and § 514B-146.5 restricts power-of-sale enforcement for liens that arise solely from fines.39 Chapter 514B condominiums must also pay annual CETF and CEM contributions under § 514B-72(a)(2), on top of the biennial registration and Compliance Resolution Fund fees.40

For non-condo planned communities, financial obligations flow from the declaration and Chapter 421J. Section 421J-9 requires written notice of assessment increases, and § 421J-10.5 provides a statutory lien for assessments. Reserve funding, audit, and budgeting obligations come from the recorded declaration and from any obligations the association assumes as a corporation under Chapter 414D.41 There is no CETF obligation for non-condo HOAs.

Disclosure obligations

For Chapter 514B condominiums, disclosure is heavily regulated. Section 514B-54 enumerates the contents of the developer's public report, which must obtain an effective date from the Real Estate Commission before sales begin under § 514B-51.42 Material changes require an amended report under § 514B-56.43 On resale, § 514B-154.5(a) requires the association — and, following the Hawaii Supreme Court's September 5, 2025 ruling in Caven v. Certified Management, the managing agent — to provide specified documents and disclosures, and § 514B-154.5(e) requires those documents to be made available at no cost where they are furnished through an internet site.44

For non-condo planned communities, disclosure is largely contractual. There is no analog to the Chapter 514B Part IV public report regime. HRS Chapter 508D requires mandatory seller disclosures in residential real estate transactions generally, but it is a consumer-protection statute aimed at sellers, not an HOA-specific disclosure framework.45

Dispute resolution obligations

For Chapter 514B condominiums, Subpart D of Part VI sets the framework. Section 514B-161 directs that condominium disputes go to mediation on the request of any party; § 514B-162 authorizes arbitration; § 514B-162.5 covers voluntary binding arbitration; and § 514B-163 governs trial de novo and appeal.46

Section 514B-157 conditions an association's recovery of fees and costs on a good-faith attempt to mediate or arbitrate, and in Association of Apartment Owners of Wailea Elua v. Wailea Resort Co., 100 Hawai'i 97, 58 P.3d 608 (2002), the Hawaii Supreme Court held that a court may consider a refusal to mediate when it awards fees.47 The DCCA Condominium Specialist office provides information and referrals but does not adjudicate disputes, and the CETF subsidizes mediation through the Mediation Center of the Pacific, Mediation Services of Maui, and Dispute Prevention and Resolution, Inc.48

For non-condo planned communities, § 421J-13 provides for mediation of association disputes. There is no equivalent CETF-subsidized program. Owner-board disputes outside the mandatory scope of Chapter 421J are resolved under the declaration and through ordinary civil litigation.49

Across both categories, the due-process obligations for fines, hearings, and enforcement actions come from the governing documents and, for incorporated associations, from Chapter 414D's standards for director conduct.

4. Hawaii's recent legislative and judicial activity

Recent bills

Hawaii lawmakers have spent recent sessions modernizing how condominium associations meet and vote, financing major repairs, and shoring up property insurance. The 2026 session produced three condominium-relevant acts — Act 37 (cumulative voting and write-in candidates, effective May 26, 2026), Act 100 (a reserve-review waiver for small associations, effective June 5, 2026) and Act 121 (an HCDA leasehold program, effective June 8, 2026) — plus Act 34, which bars submitting farm employee housing to a Chapter 514B regime.50

Status Signed
⌾ Last verified May 25, 2026
Docket

HB 2315 · Act 42 · 2024 Regular Session

Effective
Jul 1, 2024
Sunset
N/A
Relating to condominium electronic meetings and voting
Synopsis

Act 42 amended HRS § 514B-121 to make clear when a condominium association may hold an electronic meeting and conduct electronic or mail voting, and it repealed the older rules on machine voting and electronic voting devices. An association authorizes the new format by approving it at an association meeting held between three and eighteen months before the electronic meeting or vote.[51]

Operational impact
What this means, by role
Property managers Outside a board-authorized emergency, owner approval of an electronic meeting or mail vote falls inside the three-to-eighteen-month statutory window.
HOA board members The new format rests on owner approval at an association meeting, unless the board authorizes it during an emergency.
Community association attorneys Bylaws that still reference “machine voting” or old voting-device language predate the amended § 514B-121.
Homeowners Owners may vote by mail or electronic transmission where the format is authorized; in-person attendance is not required to take part in such a vote.
Status Signed
⌾ Last verified May 25, 2026
Docket

HB 2801 · Act 41 · 2024 Regular Session

Effective
Jul 1, 2024
Sunset
N/A
Relating to C-PACER financing for condominiums
Synopsis

Act 41 moved Hawaii's Commercial Property Assessed Clean Energy and Resiliency (C-PACER) program from the counties to the Hawaii Green Infrastructure Authority and made certain condominium projects eligible for C-PACER financing for qualifying capital improvements. Subject to the governing documents, a project joins C-PACER only with the approval of unit owners who hold at least fifty percent of the common interest.[52]

Operational impact
What this means, by role
Property managers C-PACER is one route to finance energy and resiliency work — roofs, water systems, hurricane hardening — subject to the declaration's approval thresholds.
HOA board members A C-PACER lien approved by the association runs with the unit assessment.
Community association attorneys A declaration may set a higher bar than the statutory fifty percent, and lender consent can also bear on the financing.
Homeowners A C-PACER loan ties a long-term special assessment to the property, and it stays with the unit when the unit is sold.
Status Signed
⌾ Last verified May 25, 2026
Docket

SB 1044 · Act 296 · 2025 Regular Session

Effective
Jul 1, 2025
Sunset
Jun 30, 2047
Relating to property insurance stabilization and a condominium loan program
Synopsis

Act 296 broadened the powers of the Hawaii Property Insurance Association, reactivated the Hawaii Hurricane Relief Fund to write commercial coverage for associations of apartment owners that at least two licensed insurers have turned down and whose buildings exceed $10 million in total insured value, and created a Condominium Loan Program and Condominium Loan Loss Reserves Program. The Hawaii Green Infrastructure Authority administers the loan programs on behalf of the Department of Business, Economic Development, and Tourism. The June 30, 2047 sunset applies to the Condominium Loan Revolving Fund.[53]

Operational impact
What this means, by role
Property managers Relief Fund eligibility turns on prior denials by at least two licensed insurers and total insured value above $10 million.
HOA board members For an association whose master policy is not renewed or whose deductible rises sharply, the Act makes Hurricane Relief Fund coverage and the Condominium Loan Program available for deferred maintenance, subject to eligibility.
Community association attorneys Eligibility and borrowing decisions raise questions about board records and disclosures to lenders and affected owners.
Homeowners Buildings that receive Relief Fund coverage may see smaller hurricane premium pass-throughs, but loan-program borrowing is repaid through owner assessments.

Recent court rulings

Hawaii's appellate courts have sharpened what associations and their managing agents owe owners, especially when documents change hands at resale.

Status Final
⌾ Last verified May 25, 2026
Case

Caven, Jr. v. Certified Management, Inc., dba Associa Hawaii

Supreme Court of Hawaii · SCWC-19-0000047 · summary disposition, not for publication
Decided
Sep 5, 2025
Court
Haw. Sup. Ct.
Synopsis

The Hawaii Supreme Court affirmed the Intermediate Court of Appeals and held that a condominium managing agent has a statutory duty under HRS §§ 514B-152 and 514B-154.5 to prepare a Project Information Form RR105c and a Statement of Account on resale. When the managing agent makes those documents available for download through an internet site, it must provide them at no cost to the unit owner or the owner's authorized agent.[54]

Operational impact
What this means, by role
Property managers Under the ruling, RR105c forms and Statements of Account that a managing agent posts for download are no-cost downloads, whatever paid delivery option it also offers.
HOA board members A management contract that does not say who pays for free electronic delivery leaves that cost open as a possible unbudgeted association expense.
Community association attorneys The ruling settles whether a managing agent's duties track the association's under § 514B-154.5(e), which bears on ongoing fee practices.
Homeowners Under the ruling, sellers are not charged for downloadable resale documents pulled from a managing-agent portal.
Status Affirmed
⌾ Last verified May 25, 2026
Case

Caven, Jr. v. Certified Management, Inc.

Intermediate Court of Appeals of Hawaii · CAAP-19-0000047 · summary disposition · affirmed by the Hawaii Supreme Court Sept. 5, 2025
Decided
Mar 22, 2024
Court
Haw. App.
Synopsis

The Intermediate Court of Appeals held that HRS § 514B-154.5(a) reaches more than the documents an association already keeps and is not limited to pre-existing records. The court also drew a line between the statutes: a condominium managing agent's disclosure duties under Chapter 514B do not extend to the records of a separately organized planned community association governed by Chapter 421J.[55]

Operational impact
What this means, by role
Property managers A property with both a 514B AOAO and a 421J master association has two separate document regimes, with separate records and fees.
HOA board members Under the ruling, the managing agent's Chapter 514B duties do not reach the 421J association's document production.
Community association attorneys The Chapter 421J and Chapter 514B disclosure regimes are distinct and not interchangeable.
Homeowners Selling a resort condo may mean requesting documents from two associations, each under a different statute.

Active legislative debates

A state task force was charged with studying larger structural reforms, and its recommendations could reshape how Hawaii oversees condominiums.

Status Active — recommendations due 2026
⌾ Last verified May 25, 2026
Body

Condominium Property Regime Task Force

Act 189, SLH 2023 · extended by Act 43, SLH 2024 (SB 2726)
Report due
Jun 30, 2026
Type
Task force
Synopsis

The Condominium Property Regime Task Force, created by Act 189, SLH 2023 and extended by Act 43, SLH 2024, was due to deliver final recommendations by June 30, 2026. Its charge covered a condominium ombudsman, management licensing, dispute-resolution alternatives, and owner education at the point of sale, and the Legislative Reference Bureau's multi-state comparison report was due to the 2026 Legislature.[56]

Operational impact
What this means, by role
Property managers The task force's charge included management licensing and a condominium ombudsman, either of which would change day-to-day compliance if enacted.
HOA board members The task force's charge also covered point-of-sale owner education and dispute-resolution changes.
Community association attorneys The final recommendations and the multi-state comparison report were prepared for the Legislature as groundwork for future bills.
Homeowners The reforms under study, including an ombudsman, could give owners new places to turn.

Hawaii sits in a small category of states that pair a developed, bespoke condominium statute with a thin statutory framework for non-condominium associations. Chapter 514B is comprehensive on creation, registration, public reports, governance, reserves, and dispute resolution, and the DCCA Real Estate Branch, the Condominium Specialist office, the Condominium Education Trust Fund, and the Real Estate Commission give Hawaii one of the more developed condominium regulatory infrastructures in the country. Non-condo planned communities, by contrast, operate under Chapter 421J's limited provisions, the recorded CC&Rs, and Chapter 414D corporate formalities — a CC&R-primary regime.

Hawaii is not a UCIOA state; the Community Associations Institute identifies nine UCIOA jurisdictions — Alaska, Colorado, Connecticut, Delaware, Minnesota, Nevada, Vermont, Washington, and West Virginia — and concepts portable across those states do not import to Hawaii. Compliance templates built for UCIOA states do not map directly onto Hawaii practice under Chapter 514B.57

6. Closing note

HOA Weekly's Hawaii Governing Statute coverage tracks new sessions of the Hawaii Legislature, DCCA Real Estate Branch guidance, and decisions of the Hawaii Intermediate Court of Appeals and Hawaii Supreme Court. Federal frameworks also apply — among them the Fair Housing Act, the Servicemembers Civil Relief Act, the Fair Debt Collection Practices Act as applied to assessment collection, and federal bankruptcy law — and HOA Weekly tracks them separately at /federal/.

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Footnotes

  1. Haw. Rev. Stat. §§ 514B-1, 514B-21 (short title; applicability) ↩
  2. Act 181, SLH 2017; Act 223, SLH 2019 (repeal of HRS ch. 514A); DCCA Real Estate Branch, The Repeal of Chapter 514A, HRS ↩
  3. DCCA Real Estate Branch, What Services Does the Real Estate Branch (REB) Provide to the Condominium Community? ↩
  4. Haw. Admin. R. chs. 16-119.1 to 16-119.8 (eff. Mar. 26, 2026), Department of Commerce and Consumer Affairs ↩
  5. Haw. Rev. Stat. § 421J-1 (scope) ↩
  6. Haw. Rev. Stat. ch. 414D, Hawaii Nonprofit Corporations Act (Act 105, SLH 2001; operative July 1, 2002) ↩
  7. 31 C.F.R. § 1010.380, Reports of beneficial ownership information (current text on eCFR) (ecfr.gov) (domestic-entity exemption for entities created by filing with a U.S. secretary of state or similar office). ↩
  8. DCCA Real Estate Branch, I Live in a Cooperative/Community/Homeowners Association — Does the Condominium Law Apply to My Association? ↩
  9. Haw. Rev. Stat. §§ 514B-1, 514B-21 (short title; applicability); Act 164, SLH 2004 ↩
  10. Real Estate Comm'n, Final Report to the Legislature, Recodification of Chapter 514A, Hawaii Revised Statutes (Dec. 31, 2003); Act 164, SLH 2004 (authorized interpretive aid) ↩
  11. Haw. Rev. Stat. ch. 514B (table of contents; seven Parts) ↩
  12. Haw. Rev. Stat. § 514B-3 (definitions) ↩
  13. Haw. Rev. Stat. § 514B-21 (applicability) ↩
  14. Haw. Rev. Stat. §§ 514B-51, 514B-54 (project registration; public report contents) ↩
  15. Haw. Rev. Stat. § 514B-63 (condominium specialists; appointment; duties) ↩
  16. Haw. Rev. Stat. §§ 514B-71, 514B-72; DCCA Condominium Association Biennial Registration fee schedule (CETF $7.00/unit; CEM $3.00/unit; $64 association registration fee; $100 Compliance Resolution Fund fee) ↩
  17. DCCA Real Estate Branch, Condominium Bulletin (Oct. 2025) ↩
  18. Haw. Rev. Stat. §§ 514B-137(a), 514B-143(a) (maintenance allocation; insurance baselines) ↩
  19. Haw. Rev. Stat. §§ 514B-103, 514B-143(a)(3) (mandatory biennial registration; fidelity bond) ↩
  20. Haw. Rev. Stat. § 514B-111 (excusing compliance with unreasonable declaration provisions) ↩
  21. Haw. Rev. Stat. ch. 514A (historical notes; 1977 restatement of former ch. 514; 1961 Horizontal Property Regimes law) ↩
  22. Act 181, SLH 2017; Act 223, SLH 2019 (repeal and temporary re-enactment of ch. 514A); DCCA Real Estate Branch, The Repeal of Chapter 514A, HRS ↩
  23. DCCA Real Estate Branch, The Repeal of Chapter 514A, HRS (developer transition and re-registration under ch. 514B) ↩
  24. Haw. Rev. Stat. § 514B-21 & editor's notes (former § 514B-22 repealed eff. Jan. 1, 2019 by Act 181, SLH 2017) ↩
  25. Haw. Rev. Stat. § 421J-1 (Planned Community Associations Act; Act 132, SLH 1997) ↩
  26. Haw. Rev. Stat. ch. 421J (enumerated governance sections) ↩
  27. Haw. Rev. Stat. ch. 414D (operative July 1, 2002; corporate formalities for incorporated associations) ↩
  28. Real Estate Comm'n, published Chapter 514B materials (rule of construction: ch. 414D applies absent a specific condominium provision; condominium law prevails in direct conflict) ↩
  29. 114 Hawai'i 361, 162 P.3d 1277 (2007) (construing “association” under Haw. Rev. Stat. § 421J-2; HOA lacking a recorded charter not entitled to fees under § 421J-10) ↩
  30. DCCA Real Estate Branch, I Live in a Cooperative/Community/Homeowners Association — Does the Condominium Law Apply to My Association? ↩
  31. Haw. Rev. Stat. §§ 514B-105, 514B-106 (limitations on association powers; board powers and duties) ↩
  32. Haw. Rev. Stat. § 514B-107 (board membership eligibility) ↩
  33. Haw. Rev. Stat. § 514B-121 (association meetings), as amended by Act 42, SLH 2024 (HB 2315); § 514B-123 (voting; proxies) ↩
  34. Haw. Rev. Stat. §§ 514B-152, 514B-153, 514B-154, 514B-154.5 (association records; resale documents) ↩
  35. Haw. Rev. Stat. §§ 514B-103, 514B-143(a)(3) (mandatory biennial registration and fidelity bond) ↩
  36. Haw. Rev. Stat. ch. 421J (board structure, notice, and proxies) ↩
  37. Haw. Rev. Stat. § 514B-148 (operating budget; reserve study; replacement reserves) ↩
  38. Haw. Rev. Stat. § 514B-150 (annual audit; cash-balance verification; under-twenty-unit waiver) ↩
  39. Haw. Rev. Stat. §§ 514B-146, 514B-146.5 (assessment lien; foreclosure; power-of-sale limits for fine-only liens) ↩
  40. Haw. Rev. Stat. § 514B-72(a)(2); DCCA Condominium Association Biennial Registration fee schedule ↩
  41. Haw. Rev. Stat. §§ 421J-9, 421J-10.5 (assessment-increase notice; assessment lien) ↩
  42. Haw. Rev. Stat. §§ 514B-51, 514B-54 (public report; effective date before sales) ↩
  43. Haw. Rev. Stat. § 514B-56 (amended public report on material change) ↩
  44. Haw. Rev. Stat. § 514B-154.5; Caven v. Certified Mgmt., Inc., No. SCWC-19-0000047 (Haw. Sept. 5, 2025) (SDO) ↩
  45. Haw. Rev. Stat. ch. 508D (Mandatory Seller Disclosures in Real Estate Transactions) ↩
  46. Haw. Rev. Stat. §§ 514B-161, 514B-162, 514B-162.5, 514B-163 (mediation; arbitration; voluntary binding arbitration; trial de novo and appeal) ↩
  47. Haw. Rev. Stat. § 514B-157; Ass'n of Apartment Owners of Wailea Elua v. Wailea Resort Co., 100 Hawai'i 97, 58 P.3d 608 (2002) ↩
  48. DCCA Real Estate Branch, Condominium Bulletin (Oct. 2025) (CETF-subsidized mediation providers: Mediation Center of the Pacific; Mediation Services of Maui; Dispute Prevention and Resolution, Inc.) ↩
  49. Haw. Rev. Stat. § 421J-13 (mediation of planned community association disputes) ↩
  50. Legislative Reference Bureau, Acts of the 2026 Regular Session, State of Hawaii (Acts 34, 37, 100 and 121) ↩
  51. Act 42, SLH 2024 (HB 2315) (condominium electronic meetings and voting) ↩
  52. Act 41, SLH 2024 (HB 2801) (C-PACER financing for condominiums) ↩
  53. Act 296, SLH 2025 (SB 1044) (property insurance stabilization and Condominium Loan Program) ↩
  54. Caven v. Certified Mgmt., Inc., No. SCWC-19-0000047 (Haw. Sept. 5, 2025) (SDO, not for publication) ↩
  55. Caven v. Certified Mgmt., Inc., No. CAAP-19-0000047 (Haw. App. Mar. 22, 2024) (SDO) ↩
  56. Act 189, SLH 2023; Act 43, SLH 2024 (SB 2726) (Condominium Property Regime Task Force) ↩
  57. Community Associations Institute, UCIOA jurisdictions (Alaska, Colorado, Connecticut, Delaware, Minnesota, Nevada, Vermont, Washington, West Virginia) ↩

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