Chapter 514B — requirements under section 514B-84(a)(1) and (2), Hawaii Revised Statutes. On

§514B-10 Remedies to be liberally administered. (a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Punitive damages may not be awarded, however, exce…

§514B-103 Association; registration. (a) Each project or association having more than five units shall: (b) The commission may reject or terminate any registration submitted by a project or an association that fails to comply with this section. Any association that fails to regis…

§514B-104 Association; powers. (a) Except as provided in section 514B‑105, and subject to the provisions of the declaration and bylaws, the association, even if unincorporated, may: (b) If a tenant of a unit owner violates the declaration, bylaws, or rules and regulations of the …

§514B-105 Association; limitations on powers. (a) The declaration and bylaws shall not impose limitations on the power of the association to deal with the developer that are more restrictive than the limitations imposed on the power of the association to deal with other persons. …

§514B-106 Board; powers and duties. (a) Except as provided in the declaration, the bylaws, subsection (b), or other provisions of this chapter, the board may act in all instances on behalf of the association. In the performance of their duties, officers and members of the board s…

§514B-107 Board; limitations. (a) Members of the board shall be unit owners or co-owners, vendees under an agreement of sale, a trustee of a trust which owns a unit, or an officer, partner, member, or other person authorized to act on behalf of any other legal entity which owns a…

§514B-108 Bylaws. (a) A true copy of the bylaws shall be recorded in the same manner as the declaration. No amendment to the bylaws is valid unless the amendment is duly recorded. (b) The bylaws shall provide for at least the following: (c) The bylaws may provide for staggering t…

§514B-109 Restatement of declaration and bylaws. (a) Notwithstanding any other provision of this chapter or of any other statute or instrument, an association at any time may restate the declaration or bylaws of the association to set forth all amendments thereto by a resolution …

§514B-110 Bylaws amendment permitted; mixed use property; representation on board. (a) The bylaws of an association may be amended to provide that the composition of the board reflect the proportionate number of units for a particular use, as set forth in the declaration. For exa…

B. Governance – Elections and Meetings §514B-121 Association meetings. (a) A meeting of the association shall be held at least once each year. (b) All association meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised. (c) …

§514B-122 Association meetings; minutes. (a) Minutes of meetings of the association shall be approved at the next succeeding regular meeting or by the board, if authorized by the owners at an annual meeting. If approved by the board, owners shall be given a copy of the approved m…

§514B-123 Association meetings; voting; proxies. (a) If only one of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners is present, the votes allocated to that uni…

§514B-125 Board meetings. (a) All meetings of the board, other than executive sessions, shall be open to all members of the association, and association members who are not on the board shall be permitted to participate in any deliberation or discussion, other than executive sess…

§514B-126 Board meetings; minutes. (a) Minutes of meetings of the board shall include the recorded vote of each board member on all motions except motions voted on in executive session. (b) Minutes of meetings of the board shall be approved no later than the second succeeding reg…

§514B-132 Managing agents. (a) Every managing agent shall: (b) The commission may deny any registration or reregistration application or terminate a registration without hearing if the fidelity bond and supporting documents fail to meet the requirements of this chapter and the ru…

§514B-137 Upkeep of condominium. (a) Except to the extent provided by the declaration or bylaws, the association is responsible for the operation of the property, and each unit owner is responsible for maintenance, repair, and replacement of the owner's unit. Each unit owner shal…

§514B-138 Upkeep of condominium; high-risk components. (a) The board, after notice to all unit owners and an opportunity for owner comment, may determine that certain portions of the units, or certain objects or appliances within the units such as washing machine hoses and water …

§514B-139 Upkeep of condominium; disposition of unclaimed possessions. (a) When personalty in or on the common elements of a project has been abandoned, the board may sell the personalty in a commercially reasonable manner, store the personalty at the expense of its owner, donate…

§514B-140 Additions to and alterations of condominium. (a) No unit owner shall do any work that may jeopardize the soundness or safety of the property, reduce the value thereof, or impair any easement, as reasonably determined by the board. (b) Subject to the provisions of the de…

§514B-141 Tort and contract liability; tolling of limitation period. (a) A unit owner is not liable, solely by reason of being a unit owner, for any injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the …

§514B-142 Aging in place or disabled; limitation on liability. (a) The association, its directors, unit owners, or residents, and their agents and tenants, acting through the board, shall not have any legal responsibility or legal liability, with respect to any actions and recomm…

§514B-143 Insurance. (a) Unless otherwise provided in the declaration or bylaws, the association shall purchase and at all times maintain the following: (b) If a building contains attached units, the insurance maintained under subsection (a)(1), to the extent reasonably available…

§514B-144 Association fiscal matters; assessments for common expenses. (a) Assessments shall be made based on a budget adopted and distributed or made available to unit owners at least annually by the board. (b) Except for assessments under subsections (c), (d), and (e), all comm…

§514B-145 Association fiscal matters; collection of unpaid assessments from tenants or rental agents. (a) If the owner of a unit rents or leases the unit and is in default for thirty days or more in the payment of the unit's share of the common expenses, the board, for as long as…

§514B-146 Association fiscal matters; lien for assessments. (a) All sums assessed by the association but unpaid for the share of the common expenses chargeable to any unit shall constitute a lien on the unit with priority over all other liens, except: provided that a lien recorde…

§514B-148 Association fiscal matters; budgets and replacement reserves. (a) The budget required under section 514B-144(a) shall include a summary with at least the following details: The budget summary shall contain all required information without referring the reader to other p…

§514B-149 Association fiscal matters; handling and disbursement of funds. (a) The funds in the general operating account of the association shall not be commingled with funds of other activities such as lease rent collections, rental, time share, and assisted living facility oper…

§514B-150 Association fiscal matters; audits, audited financial statement. (a) The association shall require an annual audit of the association financial accounts and no less than one annual unannounced verification of the association's cash balance by a public accountant; provid…

§514B-151 Association fiscal matters; lease rent renegotiation. (a) Notwithstanding any provision in the declaration or bylaws, any lease or sublease of the real estate or of a unit, or of an undivided interest in the real estate to a unit owner, whenever any lease or sublease of…

§514B-152 Association records; generally. The association shall keep financial and other records sufficiently detailed to enable the association to comply with requests for information and disclosures related to resale of units. Except as otherwise provided by law, all financial …

§514B-153 Association records; records to be maintained. (a) An accurate copy of the declaration, bylaws, house rules, if any, master lease, if any, a sample original conveyance document, all public reports and any amendments thereto, shall be kept at the managing agent's office.…

§514B-154 Association records; availability; disposal; prohibitions. (a) The association's most current financial statement shall be provided to any interested unit owner at no cost or on twenty-four-hour loan, at a convenient location designated by the board. The meeting minutes…

§514B-157 Attorneys' fees, delinquent assessments, and expenses of enforcement. (a) All costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of the association for: against an owner, occupant, tenant, employee of an owner, or any other person who may…

D. Alternative Dispute Resolution §514B-161 Mediation. [Repeal and reenactment on June 30, 2023. L 2018, c 196, §9.] (a) The mediation of a dispute between a unit owner and the board, unit owner and the managing agent, board members and the board, or directors and managing agents…

PART II. APPLICABILITY §514B-21 Applicability. (a) This chapter applies to all condominiums created within this State; provided that such application shall not invalidate existing provisions of the declaration, bylaws, condominium map, or other constituent documents of those cond…

§514B-22 REPEALED. L 2017, c 181, §§4, 47.

§514B-23 Amendments to governing instruments. (a) The declaration, bylaws, condominium map, or other constituent documents of any condominium created before July 1, 2006 may be amended to achieve any result permitted by this chapter, regardless of what applicable law provided bef…

§514B-3 Definitions. As used in this chapter and in the declaration and bylaws, unless specifically provided otherwise or required by the context: "Affiliate of a developer" means a person that directly or indirectly controls, is controlled by, or is under common control with, th…

§514B-32 Contents of declaration. (a) A declaration shall describe or include the following: (b) The declaration may contain any additional provisions that are not inconsistent with this chapter. [L 2005, c 93, pt of §2; am L 2006, c 38, §22 and c 273, §7; am L 2014, c 49, §4; am…

§514B-33 Condominium map. (a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following: (b) The condominium map may contain any additional information that is not inconsistent with this chapter. [L 2005, c 93, pt of §2; am L 2006, …

§514B-34 Condominium map; certification of architect, engineer, or surveyor. (a) The condominium map shall bear the statement of a licensed architect, engineer, or surveyor certifying that the condominium map is consistent with the plans of the condominium's building or buildings…

§514B-38 Common elements. Each unit owner may use the common elements in accordance with the purposes permitted under the declaration, subject to:

§514B-4 Separate titles and taxation. (a) Each unit that has been created, together with its appurtenant interest in the common elements, constitutes, for all purposes, a separate parcel of real estate. (b) If there is any unit owner other than a developer, each unit shall be sep…

§514B-41 Common profits and expenses. (a) The common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners, including the developer, in proportion to the common interest appurtenant to their respective units, except as ot…

§514B-42 Metering of utilities. (a) Units in a project that includes units designated for both residential and nonresidential use shall have separate meters, or calculations shall be made, or both, as may be practicable, to determine the use by the nonresidential units of utiliti…

§514B-43 Liens against units. (a) For purposes of this section: "Lien" means a lien created pursuant to chapter 507, part II. "Visible commencement of operations" shall have the meaning it has in section 507‑41. (b) If visible commencement of operations occurs prior to the creati…

§514B-47 Removal from provisions of this chapter. (a) If: the property shall be subject to an action for partition by any unit owner or lienor as if owned in common, in which event the sale of the property shall be ordered by the court and the net proceeds of sale, together with …

§514B-5 Conformance with county land use laws. Any condominium property regime established under this chapter shall conform to the existing underlying county zoning for the property and all applicable county permitting requirements adopted by the county in which the property is l…

§514B-52 Application for registration. (a) An application for registration of a project shall: (b) An application for registration of a project in the agricultural district classified pursuant to chapter 205 shall include a verified statement, signed by an appropriate county offi…

§514B-54 Developer's public report; requirements for issuance of effective date. (a) Prior to the issuance of an effective date for a developer's public report, the commission shall have received the following: (b) The developer's public report shall not be used for the purpose o…