HOA Laws in Hawaii

Hawaii regulates community associations through two main statutes. Condominiums are governed by the Condominium Property Act, HRS Chapter 514B. Planned-community HOAs are governed by the Planned Community Associations Act, HRS Chapter 421J. Cooperatives fall under HRS Chapter 421I. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statutes

The Condominium Property Act is the more detailed statute and gives the Hawaii Real Estate Commission oversight of condominium associations. The Planned Community Associations Act sets baseline rules for single-family HOAs, including meetings, records, and association authority. Most Hawaii HOAs are also incorporated as nonprofit corporations, so HRS Chapter 414D governs corporate matters such as director duties, quorum, and voting.

Meetings and open-meeting rules

Board and association meetings are generally open to members with notice, with limited matters allowed in executive session. Notice and procedures follow the applicable statute and your bylaws.

Elections and voting

Directors are elected by the members as provided by the statute and the governing documents, with notice, quorum, proxy, and ballot procedures set by those rules.

Records access and owner inspection

Owners have the right to inspect and copy association records under the applicable statute, subject to reasonable rules and limited exceptions for protected information.

Assessments, liens, and foreclosure

Associations may levy assessments and record a lien for unpaid amounts, and may pursue collection and foreclosure subject to statutory procedure. Hawaii has specific procedures for association foreclosures, so boards typically involve an attorney.

Fines and enforcement

Associations may adopt and enforce rules and impose reasonable charges for violations, subject to notice and an opportunity to be heard as provided by the statute and the documents.

Reserves and budgets

Hawaii requires condominium associations to conduct reserve planning and fund reserves. Boards should budget for and fund reserves for major repairs and confirm the requirements that apply to their community type.

Owner protections on common restrictions

Hawaii addresses certain owner rights, including solar energy devices and the display of the United States flag, and the recorded restrictions otherwise control. Review the specific statute and your documents before denying a related request.

Where to get official help

The Condominium Property Act (HRS 514B) and the Planned Community Associations Act (HRS 421J) appear in the Hawaii Revised Statutes. For a specific situation, consult a Hawaii attorney experienced in community association law.