2017 Hawaii Revised Statutes
TITLE 28. PROPERTY
514A. Condominium Property Regimes
- 514A-1 Title.
- 514A-1.5 Applicability of chapter.
- 514A-1.6 Conformance with county land use ordinances.
- 514A-2 Chapter not exclusive.
- 514A-3 Definitions.
- 514A-4 Status of apartments.
- 514A-5 Ownership of apartments.
- 514A-6 Separate taxation.
- 514A-7 Condominium specialist; appointment; duties.
TERMINATION OF CONDOMINIUMS
- 514A-11 Recordation and contents of declaration.
- 514A-12 Copy of the floor plans to be filed.
- 514A-13 Common elements.
- 514A-13.4 Telecommunications equipment and renewable energy devices.
- 514A-13.5 Remuneration to allow ingress and egress prohibited.
- 514A-13.6 Mailboxes for each dwelling required.
- 514A-14 Parking stalls.
- 514A-14.5 Ownership of parking stalls.
- 514A-15 Common profits and expenses.
- 514A-15.1 Common expenses; prior late charges.
- 514A-15.5 Metering of utilities.
- 514A-16 Liens against apartments; removal from lien; effect of part payment.
- 514A-17 Contents of deeds or leases of apartments.
- 514A-18 Blanket mortgages and other blanket liens affecting an apartment at time of first conveyance or lease.
- 514A-19 Merger of increments.
- 514A-20 Condominium property regimes.
- 514A-21 Removal from provisions of this chapter.
- 514A-22 Removal no bar to subsequent resubmission.
- 514A-31 Notification of intention.
- 514A-32 Questionnaire and filing fee.
- 514A-33 Inspection.
- 514A-34 Inspection expenses.
- 514A-35 Waiver of inspection.
- 514A-36 Public reports and registration fees.
- 514A-37 Preliminary public reports.
- 514A-38 Request for effective date or hearing by developer.
- 514A-39 REPEALED.
- 514A-39.5 Contingent final public report.
- 514A-40 Final reports.
- 514A-41 Supplementary public report.
- 514A-42 True copies of public report; no misleading information.
- 514A-43 Automatic expiration of public reports; exceptions.
- 514A-44 Deposit of fees.
- 514A-45 Supplemental regulations governing a condominium property regime.
- 514A-46 Investigatory powers.
- 514A-47 Cease and desist orders.
- 514A-48 Power to enjoin.
- 514A-49 Penalties.
- 514A-50 Limitation of action.
- 514A-61 Disclosure requirements.
- 514A-62 Copy of public report to be given to prospective purchaser.
- 514A-63 Rescission rights.
- 514A-64 REPEALED.
- 514A-64.5 Protection of purchasers' funds.
- 514A-65 Escrow requirement.
- 514A-66 REPEALED.
- 514A-67 Financing construction.
- 514A-68 Misleading statements and omissions.
- 514A-69 Remedies; sales voidable when and by whom.
- 514A-70 Warranty against structural and appliance defects; notice of expiration required.
- 514A-81 Bylaws.
- 514A-82 Contents of bylaws.
- 514A-82.1 Employees of condominiums; background check.
- 514A-82.2 Restatement of declaration and bylaws.
- 514A-82.3 Borrowing of money.
- 514A-82.4 Duty of directors.
- 514A-82.5 Pets in apartments.
- 514A-82.6 Pets, replacement of subsequent to prohibition.
- 514A-82.15 Mixed use property; representation on the board of directors.
- 514A-83 Purchaser's right to vote.
- 514A-83.1 Board meetings.
- 514A-83.2 Proxies.
- 514A-83.3 Membership list.
- 514A-83.4 Meeting minutes.
- 514A-83.5 Documents of the association of apartment owners.
- 514A-83.6 Associations of apartment owners; budgets and reserves.
- 514A-84 Management and contracts; developer, managing agent, and association of apartment owners.
- 514A-84.5 Availability of project documents.
- 514A-85 Records; examination; disposal.
- 514A-86 Insurance.
- 514A-87 Personal application.
- 514A-88 Compliance with covenants, bylaws, and administrative provisions.
- 514A-88.5 Medical cannabis; discrimination.
- 514A-89 Certain work prohibited.
- 514A-90 Priority of lien.
- 514A-90.5 Unpaid common expenses; collection from tenants.
- 514A-90.6 Lease rent renegotiation.
- 514A-91 Joint and several liability of grantor and grantee for unpaid common expenses.
- 514A-92 Waiver of use of common elements; abandonment of apartment; conveyance to board of directors.
- 514A-92.1 Designation of additional areas.
- 514A-92.2 Notification of maintenance fee increases.
- 514A-92.5 Association of apartment owners; prior written notice of assessment of the cost of providing information.
- 514A-93 Actions.
- 514A-93.3 Service of process.
- 514A-93.5 Disposition of unclaimed possessions.
- 514A-94 Attorneys' fees, delinquent assessments, and expenses of enforcement.
- 514A-95 Managing agents.
- 514A-95.1 Association of apartment owners registration; fidelity bond.
- 514A-96 Board of directors, audits, audited financial statement, transmittal.
- 514A-97 Association of apartment owners funds; handling and disbursement.
- 514A-98 False statement.
- 514A-99 Rules.
- 514A-101 Definitions.
- 514A-102 Announcement or advertisement; publication.
- 514A-103 Designation of residential apartments.
- 514A-104 Apartment selection, requirements.
- 514A-104.5 Affidavit.
- 514A-104.6 Prohibitions.
- 514A-105 Sale of residential apartments; developer requirements.
- 514A-106 REPEALED
- 514A-107 Enforcement.
- 514A-107.5 Penalties.
- 514A-107.6 False statement.
- 514A-108 Inapplicability of part or sections.
- 514A-121 Arbitration of disputes.
- 514A-121.5 Mediation.
- 514A-122 Determination of unsuitability.
- 514A-123 Determination of insurance coverage.
- 514A-124 Costs, expenses and legal fees.
- 514A-125 Award; confirming award.
- 514A-126 Findings of fact and conclusions of law.
- 514A-127 Trial de novo and appeal.
Note
Chapter repealed January 1, 2019. L 2017, c 181, 2, 47.
L 2017, c 181, 45 (effective January 1, 2019) provides:
"SECTION 45. Condominium property regimes created prior to July 1, 2006, that were issued an effective date pursuant to [sections] 514A-40 and 514A-41, Hawaii Revised Statutes, may be sold on or after January 1, 2019, without revising any of the governing documents; provided that the developer's public report was active on January 1, 2019, and is accurate and not misleading. On January 1, 2019, all active, non-expired chapter 514A, Hawaii Revised Statutes, developer's public reports pursuant to sections 514A-40 and 514A-41, Hawaii Revised Statutes, along with their most recent disclosure abstract, if any, will be treated as non-expiring developer's public reports under part IV of chapter 514B, Hawaii Revised Statutes. Should any pertinent or material changes, or both, occur to the condominium project, the developer shall file an amended developer's public report superseding all prior reports pursuant to chapter 514B, Hawaii Revised Statutes; provided that such projects and their subsequent reports filed under chapter 514B, Hawaii Revised Statutes, shall be exempt from the conversion requirements under section 514B-84(a)(1) and (2), Hawaii Revised Statutes. Condominium property regimes created prior to July 1, 2006, that were not issued an effective date pursuant to sections 514A-40 and 514A-41, Hawaii Revised Statutes, and did not file a notice of intent pursuant to section 514A-1.5(2)(B), Hawaii Revised Statutes, shall revise their governing documents and register under chapter 514B, Hawaii Revised Statutes, for a developer to offer for sale or to sell condominiums.
Nothing contained in this Act or in the condominium property act shall be deemed to invalidate any condominium property regime that was validly created under chapter 514A, Hawaii Revised Statutes, prior to July 1, 2006."
Chapter title amended by L 1988, c 65, 1.
This chapter was enacted as a restatement without substantive change of chapter 514, as of January 1, 1978. L 1977, c 98, 1, 5. It was enacted as chapter 514 but was redesignated as chapter 514A to avoid confusion with the former provisions.
This chapter was scheduled for repeal on July 1, 2006, by L 2005, c 93, 6 but L 2006, c 273, 33 repealed L 2005, c 93, 6, deleting the repeal of this chapter. Parts and sections of this chapter that were repealed by other Acts remain repealed.
For effect of this chapter, see L 2006, c 273, 2 and 514B-21.
Cross References
For new chapter on condominiums, see chapter 514B.
Association documents to be provided, see 514B-154.5.
Placement of clotheslines, see 196-8.5.
Law Journals and Reviews
Timesharing in the 1990s. I HBJ No. 13, at pg. 89.
Hiner v. Hoffman: An Analysis Of The Hawai i Supreme Court's Decision And Its Impact On Hawai i's Common Interest Communities. 26 UH L. Rev. 177.
The Moon Court, Land Use, and Property: A Survey of Hawai i Case Law 1993-2010. 33 UH L. Rev. 635 (2011).
Case Notes
Chapter did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.
