2026-09-10 · Hawaii · Legislation

Hawaii’s newest agricultural-land statute contains a one-line prohibition aimed squarely at the condominium property regime. Act 34 (2026) defines and permits farm employee housing in the state agricultural district — and then says the fee owner may not use chapter 514B to separate that housing from the farm. Signed May 26, 2026, effective the same day.¹²

The prohibition

The clause sits inside the new farm-employee-housing provision of HRS § 205-4.5:

“provided further that no fee owner of the farm dwelling shall submit any portion thereof to a condominium property regime to separate the ownership of the farm employee housing units from the farm dwelling pursuant to chapter 514B”

This is a category of land on which a CPR may not be formed for a stated purpose. That is unusual drafting, and it is not accidental.

What is now permitted

New § 205-4.5(a)(4)(B) defines “farm employee housing” as “one or more residential dwelling units accessory to the farm operation that may be attached to or detached from the primary farm dwelling.” Two limits attach:

• “Each residential dwelling unit shall not exceed eight hundred square feet of habitable area under roof”; and
• “A county may limit occupancy of each residential dwelling unit to agricultural employees who are actively engaged in the farm operation and their immediate family members.”

The Act also redefines “farm dwelling” — dropping “single-family” and replacing the old income test with “where agricultural activity is occurring” — and permits agricultural tourism on the same parcel only where it is “secondary and incidental to an agricultural activity” and does “not occur within farm employee housing units.”

1. HB 1737, C.D. 1 (enrolled) — Act 34, Session Laws of Hawaii 2026 ↩
2. Governor's Message 1134 — signing of Act 34, May 26, 2026 ↩
3. Legislative Reference Bureau, Bills Enacted — Regular Session of 2026 ↩