Not legal advice
This guide is general information for Hawaii community associations, based on the cited statutes as of the last-reviewed date. It is not legal advice — statutes change and your recorded declaration and bylaws control the specifics. Consult a licensed Hawaii attorney for your situation.
Which statutes govern Hawaii associations
Hawaii's Condominium Property Act (HRS chapter 514B) is the primary statute for condominium associations. It governs board meetings, records, assessment liens, resale disclosures, and the nonjudicial foreclosure process — including restrictions on nonjudicial foreclosure that Hawaii enacted in response to investor abuses in the early 2000s.
Non-condominium planned community associations are governed by the Planned Community Associations Act (HRS chapter 421J) alongside their governing documents. Chapter 421J sets records access requirements, meeting and proxy rules, and a good-faith enforcement standard. Hawaii associations that are nonprofit corporations are also subject to the Hawaii Nonprofit Corporations Act (HRS chapter 414D), which provides additional member records rights.
Open meetings and records access
Condominium board meetings must be open to all unit owners with notice; owners may participate subject to reasonable rules, and executive session is limited to enumerated topics such as pending litigation, contract negotiations, and personnel (HRS §514B-125). Associations must keep detailed financial and other records and make specified documents available to owners for examination and copying (HRS §§514B-154 to 514B-154.5).
Planned community associations under chapter 421J must make financial statements, minutes, and other listed records available to members, providing copies at cost within statutory timeframes (HRS §421J-7). Members' proxy and meeting rights are protected by §421J-4.
Assessments, liens, and foreclosure limits
Unpaid condominium assessments become a lien on the unit (HRS §514B-146) enforceable by foreclosure, subject to statutory limits and notice requirements. Hawaii imposes significant restrictions on nonjudicial foreclosure — associations wishing to foreclose nonjudicially must meet specific statutory prerequisites, and a purchaser at a mortgagee's nonjudicial foreclosure is generally required to pay only a capped amount of prior unpaid assessments rather than the full delinquency.
Before imposing a penalty for a violation, planned community associations must give the member written notice of the alleged violation and an opportunity to be heard or to cure where the documents provide. HRS §421J-5.5 requires enforcement standards to be exercised in good faith and prohibits unreasonable penalties, giving Hawaii owners a statutory defense against disproportionate fines.
Common questions about Hawaii HOA law
Which law governs my Hawaii HOA or condo association?
Condominium associations are governed by HRS chapter 514B. Non-condominium planned community associations fall under HRS chapter 421J. Both operate on top of the recorded declaration and bylaws.
Are Hawaii HOA board meetings open to owners?
Yes. For condominiums, board meetings must be open to all unit owners with notice and limited executive-session topics (HRS §514B-125). Chapter 421J protects planned community members' meeting and participation rights under §421J-4.
Can Hawaii owners inspect association records?
Yes. Condominium associations must make specified documents available to owners for examination and copying (HRS §§514B-154 to 514B-154.5). Planned community associations must make financial statements, minutes, and other listed records available at cost within statutory timeframes (HRS §421J-7).
Are there limits on HOA foreclosure in Hawaii?
Yes. Hawaii imposes significant restrictions on nonjudicial condominium foreclosure (HRS §514B-146). A purchaser at a mortgagee's nonjudicial foreclosure is generally required to pay only a capped amount of prior unpaid assessments, not the full delinquency.