2023 Hawaii Revised Statutes
Title 28. Property
514B. Condominiums
- 514B-1 Short title.
- 514B-2 Applicability.
- 514B-3 Definitions.
- 514B-4 Separate titles and taxation.
- 514B-5 Conformance with county land use laws.
- 514B-6 Supplemental county rules governing a condominium property regime.
- 514B-7 Construction against implicit repeal.
- 514B-8 Severability.
- 514B-9 Obligation of good faith.
- 514B-10 Remedies to be liberally administered.
OF CONDOMINIUMS
- 514B-31 Creation.
- 514B-32 Contents of declaration.
- 514B-33 Condominium map.
- 514B-34 Condominium map; certification of architect, engineer, or surveyor.
- 514B-35 Unit boundaries.
- 514B-36 Leasehold units.
- 514B-37 Common interest.
- 514B-38 Common elements.
- 514B-39 Limited common elements.
- 514B-40 Transfer of limited common elements.
- 514B-41 Common profits and expenses.
- 514B-42 Metering of utilities.
- 514B-43 Liens against units.
- 514B-44 Contents of deeds or leases of units.
- 514B-45 Blanket mortgages and other blanket liens affecting a unit at time of first conveyance or lease.
- 514B-46 Merger of projects or increments.
- 514B-47 Removal from provisions of this chapter.
- 514B-51 Registration required; exceptions.
- 514B-52 Application for registration.
- 514B-53 Inspection by commission.
- 514B-54 Developer's public report; requirements for issuance of effective date.
- 514B-55 Developer's public report; request for hearing by developer.
- 514B-56 Developer's public report; amendments.
- 514B-57 Commission oversight of developer's public report.
- 514B-58 Annual report.
- 514B-59 Expiration of developer's public reports.
- 514B-60 No false or misleading information.
- 514B-61 General powers and duties of commission.
- 514B-62 Deposit of fees.
- 514B-63 Condominium specialists; appointment; duties.
- 514B-64 Private consultants.
- 514B-65 Investigative powers.
- 514B-66 Cease and desist orders.
- 514B-67 Termination of registration.
- 514B-68 Power to enjoin.
- 514B-69 Penalties.
- 514B-70 Limitation of actions.
- 514B-71 Condominium education trust fund.
- 514B-72 Condominium education trust fund; payments by associations and developers.
- 514B-73 Condominium education trust fund; management.
- 514B-81 Applicability; exceptions.
- 514B-82 Sale of units.
- 514B-83 Developer's public report.
- 514B-84 Developer's public report; special types of condominiums.
- 514B-85 Preregistration solicitation.
- 514B-86 Requirements for binding sales contracts; purchaser's right to cancel.
- 514B-87 Rescission after sales contract becomes binding.
- 514B-88 Delivery.
- 514B-89 Sales contracts before completion of construction.
- 514B-90 Refunds upon cancellation or termination.
- 514B-91 Escrow of deposits.
- 514B-92 Use of purchaser deposits to pay project costs.
- 514B-93 Early conveyance to pay project costs.
- 514B-94 Misleading statements and omissions; remedies.
- 514B-95 Definitions.
- 514B-95.5 Announcement or advertisement; publication.
- 514B-96 Designation of residential units.
- 514B-96.5 Unit selection; requirements.
- 514B-97 Affidavit.
- 514B-97.5 Prohibitions.
- 514B-98 Sale of residential units; developer requirements.
- 514B-98.5 Enforcement.
- 514B-99 Penalties.
- 514B-99.3 False statement.
- 514B-99.5 Inapplicability of laws.
A. Powers, Duties, and Other General Provisions
- 514B-101 Applicability; exceptions.
- 514B-102 Association; organization and membership.
- 514B-103 Association; registration.
- 514B-104 Association; powers.
- 514B-105 Association; limitations on powers.
- 514B-106 Board; powers and duties.
- 514B-106.5 Service of process.
- 514B-107 Board; limitations.
- 514B-108 Bylaws.
- 514B-109 Restatement of declaration and bylaws.
- 514B-110 Bylaws amendment permitted; mixed use property; representation on board.
- 514B-111 Judicial power to excuse compliance with requirements of declaration or bylaws.
- 514B-112 Condominium community mutual obligations.
- 514B-113 Medical cannabis; discrimination.
- 514B-121 Association meetings.
- 514B-122 Association meetings; minutes.
- 514B-123 Association meetings; voting; proxies.
- 514B-124 Association meetings; purchaser's right to vote.
- 514B-124.5 Voting for elections; cumulative voting.
- 514B-125 Board meetings.
- 514B-126 Board meetings; minutes.
- 514B-131 Operation of the property.
- 514B-132 Managing agents.
- 514B-133 Association employees; background check; prohibition.
- 514B-134 Management and contracts; developer, managing agent, and association.
- 514B-135 Termination of contracts and leases of developer.
- 514B-136 Transfer of developer rights.
- 514B-137 Upkeep of condominium.
- 514B-138 Upkeep of condominium; high-risk components.
- 514B-139 Upkeep of condominium; disposition of unclaimed possessions.
- 514B-140 Additions to and alterations of condominium.
- 514B-141 Tort and contract liability; tolling of limitation period.
- 514B-142 Aging in place or disabled; limitation on liability.
- 514B-143 Insurance.
- 514B-144 Association fiscal matters; assessments for common expenses.
- 514B-145 Association fiscal matters; collection of unpaid assessments from tenants or rental agents.
- 514B-146 Association fiscal matters; lien for assessments.
- 514B-146.5 Association fiscal matters; supplemental nonjudicial foreclosure notices; restrictions on power of sale.
- 514B-147 Association fiscal matters; other liens affecting the condominium.
- 514B-148 Association fiscal matters; budgets and replacement reserves.
- 514B-149 Association fiscal matters; handling and disbursement of funds.
- 514B-150 Association fiscal matters; audits, audited financial statement.
- 514B-151 Association fiscal matters; lease rent renegotiation.
- 514B-152 Association records; generally.
- 514B-153 Association records; records to be maintained.
- 514B-154 Association records; availability; disposal; prohibitions.
- 514B-154.5 Association documents to be provided. (a) Notwithstanding any other provision in the declaration, bylaws, or house rules, if any, the following documents, records, and information, whether maintained, kept, or required to be provided pursuant to this section or section 514B-152, 514B-153, or 514B-154, shall be made available to any unit owner and the owner's authorized agents by the managing agent, resident manager, board through a board member, or the association's representative: (1) All financial and other records sufficiently detailed in order to comply with requests for information and disclosures related to the resale of units; (2) An accurate copy of the declaration, bylaws, house rules, if any, master lease, if any, a sample original conveyance document, and all public reports and any amendments thereto; (3) Detailed, accurate records in chronological order of the receipts and expenditures affecting the common elements, specifying and itemizing the maintenance and repair expenses of the common elements and any other expenses incurred and monthly statements indicating the total current delinquent dollar amount of any unpaid assessments for common expenses; (4) All records and the vouchers authorizing the payments and statements kept and maintained at the address of the project, or elsewhere within the State as determined by the board, subject to section 514B-152; (5) All signed and executed agreements for managing the operation of the property, expressing the agreement of all parties, including but not limited to financial and accounting obligations, services provided, and any compensation arrangements, including any subsequent amendments; (6) An accurate and current list of members of the condominium association and the members' current addresses and the names and addresses of the vendees under an agreement of sale, if any. A copy of the list shall be available, at cost, to any unit owner or owner's authorized agent who furnishes to the managing agent, resident manager, or the board a duly executed and ac
- 514B-155 Association as trustee.
- 514B-156 Pets.
- 514B-157 Attorneys' fees, delinquent assessments, and expenses of enforcement.
Note
"L 2017, c 181, 45 (effective January 1, 2019) provides...", as shown in the main volume, is superceded by "L 2017, c 181, 45, as amended by L 2019, c 223, 1, 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, non-expired, and accurate between January 1, 2019, and July 1, 2020, 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. Chapter 514A, Hawaii Revised Statutes, developer's public reports shall be treated as non-expiring chapter 514B, Hawaii Revised Statutes, developer's reports on the first day their respective report was accurate and had an active effective date between January 1, 2019, and July 1, 2020. Should any pertinent or material changes, or both, occur to the condominium project, the developer shall file a developer's public report superseding all prior reports pursuant to section 514B-56, 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. On July 1, 2020, 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, did not file a notice of intent pursuant to section 514A-1.5(2)(B), Hawaii Revised Statutes, or have effective dates expired prior to January 1, 2019, shall revise their governing documents and register under chapter 514B, Hawaii Revised Statutes, for a developer to offer for sale or to sell condominiums.
A condominium property regime registered under chapter 514A, Hawaii Revised Statutes, shall not be required to revise its governing documents to comply with chapter 514B, Hawaii Revised Statutes, for sales of time share interests to be made in the condominium property regime.
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.'"
Condominium property regime task force; reports to 2024-2025 legislature (ceases to exist on June 30, 2025). L 2023, c 189, 3.
Election to register a chapter 514A condominium under chapter 514B. L 2005, c 93, 9; L 2007, c 244, 8.
Cross References
Building permit requirements on new developments in school impact districts, see 46-142.5.
Placement of clotheslines, see 196-8.5.
