Two 2026 omnibus acts edited chapter 514B and changed no duty
Two 2026 omnibus acts edited chapter 514B and changed no duty
2026-09-10 · Hawaii · Compliance
Chapter 514B was amended twice in 2026 by acts that have nothing to do with condominiums, and neither amendment changes an association’s obligations. They are worth two minutes anyway, because one of them changes a citation that practitioners quote.12
Act 3: the statutory revision bill touches the electronic-records subsection
Act 3 (SB 3225), the Legislature’s annual statutory revision measure, took effect on approval April 13, 2026. Its section 15 restates HRS § 514B-154.5(d) with corrected bracketing around the cross-reference to § 514B-154.2.3
The substance survives verbatim. Documents, records and information kept or required under § 514B-154.5 or §§ 514B-152, 514B-153 or 514B-154 “may be made available electronically to the unit owner or owner’s authorized agent if the owner or owner’s authorized agent requests such in writing.”
Nothing about the records regime moves. The written-request condition, the list of sections it reaches, and the permissive “may” are all unchanged.
Act 108: a citation correction inside the developer disclosure rules
Act 108 (SB 3137) is a Department of Health omnibus on food, drugs and cosmetics. It took effect June 8, 2026, and its section 19 corrects a single citation in HRS § 514B-84(c): the reference to “section 321-11(10)” becomes “section 321-11(9).”4
What § 514B-84(c) actually requires
The corrected citation sits inside the developer’s public-report rules for “a project containing any assisted living facility units.” The six disclosures the subsection requires are untouched:
- the licensing requirements and their impact “on the costs, operations, management, and governance of the project”;
- the scope of services;
- “Additional costs, directly attributable to the services, to be included in the association’s common expenses”;
- the duration of the arrangement;
- other developer information; and
- anything else the Real Estate Commission requires.
The third item is the one with ongoing operational weight: an assisted-living service package in a condominium project is not a side arrangement, it is a line in the common expense budget, and the developer has to say so in the public report.
The practical instruction
Cite § 321-11(9) going forward. A public report, a disclosure memorandum, or an opinion letter drafted from a pre-2026 template will point at § 321-11(10), which is now the wrong paragraph. That is not a substantive error — the referenced licensing authority is the same — but it is a visible one in a document a purchaser reads.
Why these are worth reporting at all
Because the alternative is worse. Anyone running a sweep of 2026 session laws for “514B” gets five sections back: 514B-84, 514B-124.5, 514B-148, 514B-154.5, and, in the sister chapter, 421J-3.2. Two of those five are the substantive 2026 condominium acts — the cumulative-voting rewrite and the small-association reserve-review waiver. The other two are the corrections described here.
Knowing which is which is the difference between a board being told chapter 514B was amended four times in 2026 and a board being told it was amended twice.
Also worth stating: what the 2026 session did not touch
The same sweep returns nothing at all in HRS ch. 421I (cooperative housing corporations), ch. 514A (the pre-1988 condominium chapter that still governs a substantial number of Hawaii projects), or ch. 667 (foreclosure). No 2026 act reached association fining authority, short-term rentals in associations, accessory dwelling units, solar access, or electric-vehicle charging.
That is a verified negative rather than a gap in our reading, and for several of those subjects it is the more consequential fact of the session.
What to watch
The statutory revision bill runs every year and routinely touches chapter 514B for bracketing and cross-references. Treat a 514B hit in a revision act as presumptively non-substantive — and then read it anyway, because the presumption is only a presumption.
Related Hawaii HOA Topics
- Legislative Reference Bureau, Bills Enacted — Regular Session of 2026 (Act 3, effective April 13, 2026; Act 108, effective June 8, 2026) ↩
- Legislative Reference Bureau, Bills Passed — Regular Session of 2026 (sections affected, all 268 measures) ↩
- SB 3225 (enrolled) — Act 3, statutory revision; § 15 amends HRS § 514B-154.5 ↩
- SB 3137, C.D. 1 (enrolled) — Act 108; § 19 amends HRS § 514B-84 ↩
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