Hawaii's condo insurance crisis produced a long bill list and no new law
Hawaii's condo insurance crisis produced a long bill list and no new law
2026-09-10 · Hawaii · Legislation · Did not pass
Hawaii’s condominium property-insurance emergency generated a substantial 2026 bill list and not one enactment. The operative law remains Act 296 (2025).1
What died, and where
SB 2299 — association captives. Would have authorised common interest associations to form and participate in residential association captive insurance companies, with the Insurance Commissioner regulating them. Referred January 26, 2026 to two committees. No hearing.
SB 2686 — broker disclosure and competitive quotes. The most operationally specific bill of the set. It would have required an insurance producer to disclose services and compensation before procurement, placement or renewal of any association policy, with verification folded into the annual audit; required at least two competitive quotes for any association policy with annual premium above $250,000; and required the board to prepare and disclose a one-page project summary for any capital improvement, repair or maintenance project estimated above $200,000. Referred January 28, 2026. No hearing.
HB 1513 — bonds for the loan programme. Would have authorised reimbursable general obligation bonds for the Condominium Loan Program and appropriated from the Hurricane Reserve Trust Fund to cover initial bond payments. Passed second reading February 20 and went to House Finance, which never heard it.
SB 2884 / HB 2526 — retrofit tax relief. A nonrefundable income tax credit for wind resistive devices or a hurricane shelter, plus a reduced general excise tax rate on certified hurricane-resistant residential projects and on hurricane-resistant components of high-rise condominiums, for tax years after December 31, 2026 with a sunset of December 31, 2030. SB 2884 died in Ways and Means; HB 2526 was never heard.
SB 3241 — fire risk pilot. A two-year Fire Risk Management and Safety Documentation Pilot Program and working group, encouraging insurers to factor fire-safety mitigation into rate setting, with standardised inspection reporting forms and a fire safety certification programme. Never heard.
The two provisions boards lost
The producer commission disclosure. An association’s insurance producer is compensated out of the premium the association pays, and in most Hawaii buildings the board does not know the number. SB 2686 would have required disclosure before placement and renewal, with verification in the annual audit under § 514B-150 — which is the only recurring independent check most associations have.
The two-quote requirement above $250,000. In a market where the Insurance Division says only three admitted carriers write condominium master policies and most placements go to surplus lines whose rates it cannot regulate, a competitive-quote requirement is one of the few tools that does not depend on the regulator having authority it lacks.
A board can adopt both voluntarily, today. Ask the producer for compensation in writing before renewal; require two quotes above a threshold you set; and put both in the management or brokerage arrangement rather than relying on custom.
What Act 296 actually delivered
The 2025 act is doing the work the 2026 bills were meant to supplement:
- The Hawaii Hurricane Relief Fund, reactivated and writing hurricane excess for associations — two declination letters and total insured value above $10 million to qualify, a $10 million minimum underlying limit, a $140 million ceiling and a fixed 2% per-building deductible.
- Expanded Hawaii Property Insurance Association powers. DCCA said HPIA’s expanded products were estimated for the second quarter of 2026; as of September 10, 2026 HPIA’s own site advertises only homeowners and dwelling fire coverage, with no association or master-policy product listed. That is not capacity a renewal plan can rest on yet.
- The Condominium Loan Program, which launched in May 2026 and is currently on hold, with new commitments limited to June 30, 2027 in any case.
- A condominium loan revolving fund, to be abolished June 30, 2047 with any balance lapsing to the general fund.
The 2025 carryovers that quietly expired
A long list showed no 2026 action at all beyond the December 8, 2025 carryover entry — among them a Hawaii Condominium Mutual Insurance Company for high-rise residential condominiums with a loan fund for associations facing premium spikes; bills requiring insurers to offer premium discounts for associations adopting risk mitigation upgrades or disaster response plans, and to give actuarial justification for increases that ignore fire and life safety improvements; hurricane fortification grants for condominium associations on behalf of low-income owners; and a measure allowing admitted insurers to undercut a building’s prior surplus lines rate.
That last one is worth a second look. The structural problem the Division describes is that associations are pushed into surplus lines and then cannot get back — and a bill making it easier for an admitted carrier to take the risk back is a small, cheap intervention that never got a hearing.
What a board can do without legislation
- Apply to the HHRF if you qualify, and start early — applications must reach a servicing facility 30 days before the effective date, and a statewide moratorium closes the window whenever a hurricane watch or warning is issued for any island, until 72 hours after it expires.
- Get the producer’s compensation in writing, and require competitive quotes on large placements, as a matter of board policy.
- Do the maintenance that moves the quote. The Division names deferred maintenance and losses from aging water and sewage pipes as leading causes of nonrenewal. Re-piping is the intervention with the clearest link to insurability.
- Then tell the carrier. The Division’s own advice is for the board, after the work is done, to meet with its agent and show what was done.
What to watch
Whether HPIA’s association product actually reaches the market; whether the Insurance Commissioner’s Act 296-mandated market study is published — it was not posted as of this writing; and whether the 2027 session revives the captive and disclosure bills, both of which died from inattention rather than opposition.
Related Hawaii HOA Topics
- SB 2686 (2026), Hawaii State Legislature status feed — producer disclosure and competitive quotes, never heard ↩
- SB 2299 (2026), status feed — residential association captive insurance companies, never heard ↩
- SB 1044, C.D. 1 (2025) — Act 296, Relating to the Stabilization of Property Insurance ↩
- DCCA Insurance Division, Condo Insurance FAQs ↩
- Hawaii Property Insurance Association (checked September 10, 2026; no association or master-policy product listed) ↩
Stay on top of Hawaii HOA law
Every week: new Hawaii legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.
No spam. Unsubscribe anytime.