Hawaii · Chapter CONDO
Hawaii Condominium Property Act (HRS Chapter 514B) — Plain-English Summary
Every section of this body of law translated into plain English for Hawaii board members and homeowners.
General provisions
-
§514B-1
Names this chapter the Condominium Property Act. Hawaii condos live here. Chapter 514A was repealed July 1, 2020. Planned-community HOAs live under chapter 4…
-
§514B-10
(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 pa…
-
§514B-2
Applicability of this chapter is governed by Part II. Do not look here for the 514A-to-514B transition rules — those are in §514B-21 and the session-law notes.
-
§514B-3
Defines association, board, commission (the Real Estate Commission), common elements, common expenses, common interest, declaration, developer, unit, unit ow…
-
§514B-4
(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 …
-
§514B-5
Any condominium property regime established under this chapter shall conform to the existing underlying county zoning for the property and all applicable cou…
-
§514B-6
No later than July 1, 2022, the counties shall adopt supplemental rules governing condominium property regimes, including agricultural lands that are held in…
-
§514B-7
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequen…
-
§514B-8
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions o…
-
§514B-9
Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
Applicability
-
§514B-21
This chapter applies to all Hawaii condominiums. It does not wipe reserved developer rights in older documents. 'Condominium property regime,' 'apartment,' a…
-
§514B-23
A pre-July 1, 2006 condominium may amend its declaration, bylaws, or map to use any result this chapter allows, by majority vote or written consent of the un…
Creation, alteration, and termination of condominiums
-
§514B-31
(a) To create a condominium property regime, all of the owners of the fee simple interest in land shall execute and record a declaration submitting the land …
-
§514B-32
(a) A declaration shall describe or include the following: (1) The land submitted to the condominium property regime; (2) The number of the condominium map f…
-
§514B-33
(a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following: (1) A site plan for the condominium property r…
-
§514B-34
(a) The condominium map shall bear the statement of a licensed architect, engineer, or surveyor certifying that the condominium map is consistent with the pl…
-
§514B-35
Except as provided by the declaration: (1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, …
-
§514B-36
An undivided interest in the land that is subject to a condominium property regime equal to a unit's common interest may be leased to the unit owner, and the…
-
§514B-37
Each unit shall have the common interest it is assigned in the declaration. Except as provided in sections 514B‑32(a)(12), 514B‑46, and 514B‑140(d) and excep…
-
§514B-38
Each unit owner may use the common elements in accordance with the purposes permitted under the declaration, subject to: (1) The rights of other unit owners …
-
§514B-39
If the declaration designates any portion of the common elements as limited common elements, those limited common elements shall be subject to the exclusive …
-
§514B-40
Except as provided in the declaration, any unit owner may transfer or exchange a limited common element that is assigned to the owner's unit to another unit.…
-
§514B-41
(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 …
-
§514B-42
(a) Units in a project that includes units designated for both residential and nonresidential use shall have separate meters, or calculations shall be made, …
-
§514B-43
(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 i…
-
§514B-44
Deeds or leases of units adequately describe the property conveyed or leased if they contain the following information: (1) The title and date of the declara…
-
§514B-45
At the time of the first conveyance or lease of each unit, every mortgage and other lien, except any improvement district or utility assessment, affecting bo…
-
§514B-46
(a) Two or more projects, or increments of a project, whether or not adjacent to one another, but that are part of the same incremental plan of development a…
-
§514B-47
(a) If: (1) Owners of units to which are appurtenant at least eighty per cent of the common interests execute and record an instrument to the effect that the…
Registration and administration of condominiums
-
§514B-51
(a) A developer may not offer for sale any units in a project unless the project is registered with the commission and an effective date for the developer's …
-
§514B-52
(a) An application for registration of a project shall: (1) Be accompanied by nonrefundable fees as provided in rules adopted by the director of commerce and…
-
§514B-53
(a) After appropriate notification has been made or additional information has been received pursuant to this part, an inspection of the project may be made …
-
§514B-54
(a) Prior to the issuance of an effective date for a developer's public report, the commission shall have received the following: (1) Nonrefundable fees as p…
-
§514B-55
If an effective date for a developer's public report is not issued within a reasonable time after compliance with registration requirements, or if the develo…
-
§514B-56
(a) After the effective date for a developer's public report has been issued by the commission, if there are any changes, either material or pertinent change…
-
§514B-57
(a) The commission at any time may require a developer to amend or supplement the form or substance of a developer's public report to assure adequate and acc…
-
§514B-58
(a) A developer, its successor, or assign shall file annually a report to update the material contained in the developer's public report, together with the p…
-
§514B-59
Except as otherwise provided in this chapter, upon issuance of an effective date for a developer's public report or any amendment, the developer's public rep…
-
§514B-60
It shall be unlawful for any person or person's agent to testify falsely or make a material misstatement of fact before the commission or to file with the co…
-
§514B-61
(a) The commission may: (1) Adopt, amend, and repeal rules pursuant to chapter 91; (2) Assess fees; (3) Conduct investigations, issue cease and desist orders…
-
§514B-62
Unless otherwise provided in this chapter, all fees collected under this chapter shall be deposited by the director of commerce and consumer affairs to the c…
-
§514B-63
The director of commerce and consumer affairs may appoint condominium specialists, not subject to chapter 76, to assist consumers with information, advice, a…
-
§514B-64
The director of commerce and consumer affairs may contract with private consultants for the review of documents and information submitted to the commission p…
-
§514B-65
If the commission has reason to believe that any person is violating or has violated this part, part V, section 514B‑103, 514B‑132, 514B‑134, 514B‑149, secti…
-
§514B-66
In addition to its authority under sections 514B‑67 and 514B‑68, whenever the commission has reason to believe that any person is violating or has violated t…
-
§514B-67
(a) The commission, after notice and hearing, may issue an order terminating the registration of a condominium project upon determination that a developer, o…
-
§514B-68
Whenever the commission believes from satisfactory evidence that any person has violated this part, part V, section 514B‑103, 514B‑132, 514B‑134, 514B‑149, s…
-
§514B-69
(a) Any person who violates or fails to comply with this part, part V, section 514B‑103, 514B‑132, 514B‑134, 514B‑149, sections 514B‑152 to 514B‑154, or sect…
-
§514B-70
No civil or criminal actions shall be brought by the State pursuant to this chapter more than two years after the discovery of the facts upon which the actio…
-
§514B-71
(a) The commission shall establish a condominium education trust fund that the commission shall use for educational purposes. Educational purposes shall incl…
-
§514B-72
(a) [Repeal and reenactment on June 30, 2023, by L 2018, c 196, §9, as shown in the main volume, deleted by L 2020, c 57, §2.] Each project or association wi…
-
§514B-73
(a) The sums received by the commission for deposit in the condominium education trust fund pursuant to section shall be held by the commission in trust for …
Protection of condominium purchasers
-
§514B-81
(a) This part applies to all units subject to this chapter, except as provided in subsection (b). (b) No developer's public report shall be required in the c…
-
§514B-82
Except as provided in section 514B‑85, no sale or offer of sale of units in a project by a developer shall be made prior to the registration of the project b…
-
§514B-83
(a) A developer's public report shall contain: (1) The name and address of the project, and the name, address, telephone number, and electronic mail address,…
-
§514B-84
(a) In addition to the information required by section 514B‑83, the developer's public report for a project containing any existing structures being converte…
-
§514B-85
(a) Prior to the registration of the project by the developer with the commission, the issuance of an effective date for the developer's public report by the…
-
§514B-86
(a) No sales contract for the purchase of a unit from a developer shall be binding on the developer, prospective purchaser, or purchaser until: (1) The devel…
-
§514B-87
(a) Purchasers shall have a thirtyday right to rescind a binding sales contract for the purchase of a unit from a developer if there is a material change in …
-
§514B-88
In this part, delivery shall be made by: (1) Personal delivery; (2) Registered or certified mail with adequate postage, to the recipient's address; provided …
-
§514B-89
If a sales contract for a unit is signed before the completion of construction or, in the case of a conversion, the completion of any repairs required to com…
-
§514B-90
Upon any cancellation under section 514B‑86 or 514B‑89, the purchaser shall be entitled to a prompt and full refund of all moneys paid, less any escrow cance…
-
§514B-91
All moneys paid by purchasers shall be deposited in trust under a written escrow agreement with an escrow depository licensed pursuant to chapter 449. An esc…
-
§514B-92
(a) Subject to the conditions set forth in subsection (b), purchaser deposits that are held in escrow pursuant to a binding sales contract may be disbursed b…
-
§514B-93
(a) Subject to the conditions set forth in subsection (b), if units are conveyed or leased before the completion of construction of the building or buildings…
-
§514B-94
(a) No person may: (1) Knowingly authorize, direct, or aid in the publication, advertisement, distribution, or circulation of any false statement or represen…
Sales to owner-occupants
-
§514B-95
As used in this subpart: "Chronological system" means a system in which the residential units designated for sale to prospective owner-occupants are offered …
-
§514B-95.5
At least once in each of two successive weeks, and at any time following the issuance of an effective date of the first developer's public report for the con…
-
§514B-96
(a) The developer of any project containing residential units shall designate at least fifty per cent of the units for sale to prospective owneroccupants pur…
-
§514B-96.5
(a) When the chronological system is used, the developer or the developer's real estate broker, as the case may be, shall offer the residential units that ha…
-
§514B-97
(a) The owner-occupant affidavit required by section 514B‑96.5 shall expire after three hundred sixty-five consecutive days have elapsed after the recordatio…
-
§514B-97.5
(a) No person who has executed an owner-occupant affidavit shall sell or offer to sell, lease or offer to lease, rent or offer to rent, assign or offer to as…
-
§514B-98
(a) The developer may go to sale using either a chronological system or a lottery system at any time after issuance of an effective date for a developer's pu…
-
§514B-98.5
(a) Whenever the commission finds based upon satisfactory evidence that any person is violating or has violated any provision of this subpart or rules of the…
-
§514B-99
(a) Any person who executes an affidavit required by this subpart and who violates or fails to comply with any of the provisions of this subpart or any rule …
-
§514B-99.3
It shall be unlawful for any person to make a false statement in the affidavit required by this subpart or for any person to file with the commission any not…
-
§514B-99.5
(a) This subpart shall not apply to: (1) A project developed pursuant to section 46‑15 or 46‑15.1, or chapter 53, 201H, 206, 346, or 356D; provided that the …
Management — powers, duties, and general provisions
-
§514B-101
Part VI (management) applies to every condominium under this chapter except a nonresidential project or a five-or-fewer-unit project whose declaration or byl…
-
§514B-102
The association is all unit owners. First association meeting is due 180 days after the first unit is recorded if 40 percent of the project has been sold; if…
-
§514B-103
Every project or association with more than five units must biennially register with the Real Estate Commission, keep a fidelity bond (or an approved exempti…
-
§514B-104
Subject to the declaration and bylaws, the association — even if unincorporated — may adopt budgets and collect assessments, hire a managing agent, sue, regu…
-
§514B-105
The association may not, by rule, regulate behavior inside a residential unit except to stop a declaration/bylaw violation, unreasonable interference, or a l…
-
§514B-106
The board acts for the association. Directors owe chapter 414D care and loyalty. Developer control ends no later than 60 days after 75 percent of units are s…
-
§514B-106.5
The board must adopt a policy giving process servers reasonable access, as HRS §634-21.5 requires.
-
§514B-107
Directors must be unit owners (or the listed owner-representatives). One unit, one board seat. A tenant, resident manager, or association employee may not si…
-
§514B-108
Bylaws must be recorded with the declaration. Amendments are not valid until recorded. They must cover board size, officers, elections, removal, managing-age…
-
§514B-109
(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 byla…
-
§514B-110
(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, …
-
§514B-111
(a) The circuit court of the judicial circuit in which a condominium is located may excuse compliance with any of the following provisions in a declaration o…
-
§514B-112
(a) All unit owners, tenants of owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitt…
-
§514B-113
A provision in any articles of incorporation, declaration, bylaws, administrative rules, house rules, or association documents of a condominium allowing for …
Management — elections and meetings
-
§514B-121
Hold an association meeting at least once a year, under Robert's Rules. A special meeting may be called by the president, a board majority, or a petition of …
-
§514B-122
Association-meeting minutes must include the recorded vote of each board member who is an officer, and must be available as this section provides.
-
§514B-123
One owner present may cast a unit's votes unless another co-owner protests. Proxies are valid only for that meeting, must arrive by 4:30 p.m. on the second b…
-
§514B-124
The purchaser of a unit pursuant to a recorded agreement of sale shall have all the rights of a unit owner, including the right to vote; provided that the se…
-
§514B-124.5
(a) If the bylaws provide for cumulative voting for an election at a meeting, each unit owner present in person or represented by proxy shall have a number o…
-
§514B-125
Board meetings are open except listed executive-session topics (personnel, litigation, attorney-client, negotiation). Owners may participate under board rule…
-
§514B-126
Record each director's vote except in executive session. Approve minutes no later than the second succeeding regular meeting. Approved minutes within 7 days;…
Management — operations
-
§514B-131
The operation of the property shall be governed by this chapter and the declaration and bylaws.
-
§514B-132
A managing agent must be a licensed real estate broker (with listed exceptions), register with the commission, and keep a fidelity bond. The association's co…
-
§514B-133
(a) The board, managing agent, or resident manager, upon the written authorization of an applicant for employment as a security guard or resident manager or …
-
§514B-134
(a) Any developer or affiliate of the developer or a managing agent, who manages the operation of the property from the date of recordation of the first unit…
-
§514B-135
(a) If entered into before the board elected by the unit owners pursuant to section 514B‑106(e) takes office: (1) Any management contract, employment contrac…
-
§514B-136
(a) A developer right created or reserved under this chapter may be transferred only by a recorded instrument evidencing the transfer. The instrument is not …
-
§514B-137
(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 resp…
-
§514B-138
(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 …
-
§514B-139
(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, stor…
-
§514B-140
(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 reasona…
-
§514B-141
(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. …
-
§514B-142
(a) The association, its directors, unit owners, or residents, and their agents and tenants, acting through the board, shall not have any legal responsibilit…
-
§514B-143
The association must carry property insurance on the common elements and the units (not owner betterments) at not less than the replacement cost, plus CGL an…
-
§514B-144
Assessments follow an annual board budget made available to owners. Common expenses follow the §514B-41 allocations. Past-due assessments may bear interest u…
-
§514B-145
(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 …
-
§514B-146
Unpaid common-expense assessments are an automatic lien on the unit. A recorded notice of lien expires in six years unless enforcement is started. After a fi…
-
§514B-146.5
(a) Any notice of default and intention to foreclose given by an association under section 667-92(a) shall, in addition to the requirements of that section, …
-
§514B-147
(a) Except as provided in subsection (b), a judgment for money against the association, if recorded, is not a lien on the common elements, but is a lien in f…
-
§514B-148
The annual budget must include a reserve-study summary. If the study is not prepared by an independent reserve-study preparer, an independent preparer must r…
-
§514B-149
(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, rent…
-
§514B-150
Annual audit of the association's accounts plus at least one unannounced cash-balance verification by a public accountant. Associations of fewer than 20 unit…
-
§514B-151
(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 rea…
-
§514B-152
Keep financial and other records detailed enough to answer resale requests. Records live on the island where the project sits (copies, if originals must leav…
-
§514B-153
(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…
-
§514B-154
Current financials at no cost or on 24-hour loan. Approved board minutes for this year and last year on 24-hour loan or sent within 15 days. Proxies, ballots…
-
§514B-154.2
On request, the association must give a unit owner (or the owner's agent) an electronic copy of the declaration, bylaws, CC&Rs, and house rules at no cost. A…
-
§514B-154.5
The listed packet — financials, governing documents, receipts-and-expenditures, delinquency totals, board minutes, insurance, contracts, and the rest of this…
-
§514B-155
With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exerci…
-
§514B-156
(a) Any unit owner who keeps a pet in the owner's unit pursuant to a provision in the bylaws which allows owners to keep pets or in the absence of any provis…
-
§514B-157
The association recovers reasonable collection and enforcement attorney fees from the person it proceeds against; if it is not the prevailing party, it pays …
Alternative dispute resolution
-
§514B-161
At any party's request, a dispute about this chapter or the governing documents first goes to mediation (with listed exceptions: threatened property damage, …
-
§514B-162
(a) At the request of any party, any dispute concerning or involving one or more unit owners and an association, its board, managing agent, or one or more ot…
-
§514B-162.5
L 2018, c 196, §9.] (a) Any parties permitted to mediate condominium related disputes pursuant to section may agree to enter into voluntary binding arbitrati…
-
§514B-163
(a) The submission of any dispute to an arbitration under section shall in no way limit or abridge the right of any party to a trial de novo. (b) Written dem…
Miscellaneous provisions
-
§514B-191
(a) An association, board, managing agent, resident manager, unit owner, or any person acting on behalf of an association or a unit owner shall not retaliate…
Frequently asked about Chapter CONDO
- What is Hawaii Chapter CONDO?
- Hawaii Chapter CONDO — the Hawaii Condominium Property Act (HRS Chapter 514B) — is the body of law that governs how every Hawaii condo is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Chapter CONDO?
- Chapter CONDO contains 133 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at capitol.hawaii.gov.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a Hawaii-licensed attorney.
- How often does Hawaii Chapter CONDO change?
- The Hawaii State Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Chapter CONDO for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
Running a condo in Hawaii?
SoShiny is built around Chapter CONDO from day one — every feature on every plan.
Start your community free →