Hawaii HOA Laws: Statutes, Rules & Board Duties

What Hawaii statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Governing statutes

• Condominium Property Act, HRS Ch. 514B governs condominium projects and their associations of unit owners (AOUOs). It is heavily regulated: it requires DCCA/Real Estate Commission registration, fidelity insurance, mandatory reserve studies, and mandatory mediation/arbitration of many disputes (HRS §§ 514B-1 to 514B-176).
• Planned Community Associations Act, HRS Ch. 421J governs non-condominium homeowner associations (single-family subdivisions, planned communities) and supplies a lighter baseline for meetings, records, assessments, liens, and dispute resolution (HRS §§ 421J-1 to 421J-13).
• Nonprofit associations are also commonly organized under the Hawaii Nonprofit Corporations Act, HRS Ch. 414D, which supplies default rules on directors, quorum, and remote meetings (e.g., HRS § 414D-101(g), cross-referenced by HRS § 421J-3.5). (verify applicability to a specific association.)
• Where the governing documents (declaration, bylaws, house rules) conflict with the statute, the statute controls; the chapters set floors that documents may not undercut.

Meetings & notice

• Condo association (member) meetings: at least one meeting per year, with written notice not less than 14 days in advance stating date, time, place, and agenda — including the general nature/rationale of any proposed declaration or bylaw amendment and any board-removal proposal (HRS § 514B-121(a), (c)).
• Condo special meetings may be called on petition of at least 25% of unit owners; if the secretary fails to act within 14 days, petitioners may set the meeting (HRS § 514B-121(b)).
• Condo board meetings are open to all members (other than executive session), with notice posted in prominent locations 72 hours before the meeting including a list of agenda items; the board must meet at least once a year (HRS § 514B-125(a), (d)). Directors may not vote by proxy (HRS § 514B-125(e)).
• Executive (closed) sessions are limited to matters such as personnel, litigation, attorney-client communications, and contract negotiations; the general nature of the business must first be announced in open session (HRS § 514B-125(b)).
• Planned community (421J) meetings: written notice not less than 14 days in advance of any regular, annual, or special meeting, stating agenda items including any proposed special assessment or governing-document amendment, delivered by two or more approved means (mail, email, or full posting on the association website) (HRS § 421J-3.5).

Fines & enforcement

• A condo association may levy reasonable fines for violations and impose late fees/interest on late assessments, but only under a procedure that states the basis for the fine, allows an appeal to the board with notice and an opportunity to be heard, and permits the owner to pursue dispute resolution (HRS § 514B-104(a)(11)).
• Before an enforcement action for a violation, the association must generally give a 10-day cure period (waivable where the violation causes immediate/irreparable harm) (HRS § 514B-104(c)). (verify exact trigger.)
• Tenants may be fined directly for house-rule violations after notice to the tenant and unit owner and an opportunity to be heard, though the owner remains responsible for tenant conduct (HRS § 514B-104(b)(2)).
• Planned community (421J) associations have no detailed statutory fine/hearing section — fine procedures are set by the governing documents, subject to general reasonableness and the 421J-13 mediation right. (verify — Ch. 421J does not prescribe a fine due-process schedule; flag as an HI gap.)
• Critically, a lien arising solely from fines, penalties, legal fees, or late fees may not be foreclosed nonjudicially — it must be filed in court (HRS §§ 514B-146(a), 514B-146.5(c)(1); 421J-10.5).

Assessments, liens & foreclosure

• Unpaid common-expense assessments automatically constitute a lien on the unit; the lien has priority over most encumbrances except real property tax liens and prior-recorded mortgages, and expires 6 years from recordation unless enforcement is instituted (HRS § 514B-146(a)).
• The association's lien may be foreclosed by action or by nonjudicial / power-of-sale foreclosure under HRS Ch. 667, regardless of whether the governing documents contain power-of-sale language (HRS § 514B-146(a)).
• Nonjudicial power-of-sale limits: an association may not use nonjudicial foreclosure for a lien arising solely from fines/penalties/legal fees/late fees, against a unit owned by an active-duty servicemember deployed outside Hawaii (unless the lien is over one year old), or while a foreclosure is otherwise stayed — those must proceed judicially (HRS § 514B-146.5(c)).
• Mandatory mediation before nonjudicial foreclosure: the notice of default and intention to foreclose must tell the owner they may request mediation within 30 days (by certified mail or hand delivery); if requested, the association must mediate, and mediation runs about 60 days before foreclosure may continue (HRS §§ 514B-146.5(a); 667-92). (verify 60-day window.)
• In a nonjudicial power-of-sale foreclosure, title passes when the affidavit after public sale is recorded (HRS § 667-33, cross-referenced by HRS § 514B-146). Hawaii does not provide the CA-style statutory post-sale redemption period for association foreclosures. (verify — no equivalent to Cal. Civ. Code § 5715 found; flag as an HI difference.)
• Planned community (421J) liens: unpaid assessments likewise constitute a lien, subject to the same bar on nonjudicial foreclosure of fine-only liens (HRS § 421J-10.5); associations may also collect unpaid assessments from tenants/rental agents (HRS § 421J-10.6).

Records access

• Condo records (HRS § 514B-154): current- and prior-year board meeting minutes (once approved) must be provided within 15 days of a request (§ 514B-154(a)(2)); financial statements, ledgers, insurance policies, contracts, invoices, and delinquencies of 90+ days are available for examination (§ 514B-154(b)).
• Copying cost is capped at $1 per page (with oversize-page exceptions), and administrative time beyond ~8 hours/year may be charged (HRS § 514B-154(j)). Tax records are kept 7 years; other records may be disposed of after 5 years (HRS § 514B-154(h)).
• Election materials (proxies, tally sheets, ballots, check-in lists, certificates) are retained and available for examination for 30 days after the meeting, extended 60 days if an examination is requested (HRS § 514B-154(c)).
• Planned community records (HRS § 421J-7): association documents, financial statements, and approved board minutes must be available for examination at no cost during reasonable hours (or on a 24-hour loan basis); minutes are provided to members for actual duplication/postage cost. For "other" documents, the board must respond in writing within 60 days granting or denying access, and may withhold personnel, medical, and privileged materials (HRS § 421J-7(a)–(e)).

Reserves & budgets

• Hawaii mandates a reserve study. Each condo association must base its replacement-reserve estimate on a reserve study, and must either fund a minimum of 50% of estimated replacement reserves (the statutory floor) or fund 100% under an adopted cash flow plan (HRS § 514B-148(a)(4), (b)). New associations are exempt until after their first annual meeting.
• A cash flow plan must include a minimum 20-year projection of the association's future income and expense requirements (HRS § 514B-148(h)). (verify — several secondary guides describe a 30-year projection; the statute text located states 20 years.)
• Separate designated reserves are required for any component whose capital expenditure or major maintenance is estimated to exceed $10,000; smaller components may be aggregated (HRS § 514B-148(c)(2)).
• The annual budget must show operating expenses, total replacement reserves, estimated reserves needed, the calculation methodology, and amounts to be collected; the board generally may not exceed the adopted budget by more than 20% absent emergency or member approval (HRS § 514B-148(a), (e)).
• The board must have the reserve study reviewed/updated periodically (secondary sources: reviewed annually and updated at least every three years with a visual inspection). (verify — the exact review/update cadence was not confirmed in the located statutory text; flag as a verify item.)

Architectural control

• Neither Ch. 514B nor Ch. 421J prescribes a detailed architectural-review procedure or approval timeline — design/architectural control is governed by the association's declaration, bylaws, and design guidelines, subject to general reasonableness. (verify any timeline or standard claimed in a specific community's documents; flag as an HI gap relative to CA's Civ. Code § 4765.)
• Statutory limits still override private design rules where a protected item is involved — most notably solar energy devices (HRS § 196-7, below), which a private entity's design controls may not effectively block.

Protected activities (what an HOA generally cannot prohibit)

• Solar energy systems: no owner of a single-family residential dwelling or townhouse may be prevented by any covenant, declaration, bylaw, or rule from installing a solar energy device; contrary provisions are void and unenforceable (HRS § 196-7(a)).
• A "private entity" (HOA, community association, condominium association, or cooperative) must adopt rules that facilitate placement of solar devices and may not impose restrictions that make the device more than 25% less efficient or increase installation/maintenance/removal cost by more than 15% (HRS § 196-7(c)).
• A private entity may not charge any fee for the placement of a solar energy device (HRS § 196-7(c)). (verify subsection lettering — current text located under § 196-7.)
• Hawaii has no broad statutory catalog of other protected items comparable to California's flag/sign/EV/clothesline/ADU list; those are largely left to the governing documents. (verify — flag as an HI gap; e.g., no located statute mandating EV-charger or flag/sign protection at the association level.)

Fair housing & assistance animals

• Hawaii's fair-housing law, HRS Ch. 515, prohibits discrimination in real estate transactions, including on the basis of disability, and is enforced by the Hawaii Civil Rights Commission (HCRC) (HRS § 515-3).
• Housing providers (including associations) must make reasonable accommodations in rules, policies, and practices when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling — this includes allowing an assistance/emotional-support animal as an exception to a "no pets" rule (HRS § 515-3; HCRC guidance interpreting Ch. 515 consistent with federal HUD guidance).
• An assistance animal need not be certified or professionally trained, and a housing provider may not demand medical records or the diagnosis/nature/severity of the disability, though reliable documentation of a disability-related need may be requested where the need is not obvious (HRS Ch. 515; HCRC "Assistance Animals as a Reasonable Accommodation in Housing"). (verify exact subsection.)
• The federal Fair Housing Act applies in parallel.

Required disclosures

• DCCA registration: condominium associations of more than five units must register with the Real Estate Commission (initial registration within 30 days of the association's first meeting) and renew on a biennial cycle, including evidence of fidelity-bond coverage; material changes must be reported (HRS § 514B-103; DCCA Condominium Association Biennial Registration).
• Fidelity insurance: an association with more than five units must carry a fidelity bond covering persons who control/disburse funds, in an amount equal to $500 × number of units (floor $20,000, ceiling $200,000); management companies must also be bonded, and the board must carry property, ≥$1,000,000 general-liability, and D&O coverage (HRS § 514B-143(a)).
• Annual budget disclosure to owners (operating budget and reserve figures) is required as part of fiscal administration (HRS § 514B-148(a)).
• Resale/purchaser disclosures: developers must furnish public reports, and sellers/associations must supply governing documents and financial/reserve information to prospective purchasers. (verify the specific resale-disclosure section — Ch. 514B Part V/developer public-report provisions and any owner-to-buyer requirement; flag as a verify item.)
• Planned community (421J) disclosures: members must receive written notice of any increase in regular assessments at least 30 days before it takes effect (HRS § 421J-9), and the association must maintain a membership list (HRS § 421J-8).

Dispute resolution

• Condo mediation (HRS § 514B-161): at the request of either an owner or the board, the other party must participate in mediation of disputes over the interpretation/enforcement of the declaration, bylaws, or house rules; a court may weigh a refusal to mediate when awarding costs. Exceptions include health/safety/property-damage equitable relief, assessment collection, personal injury, and claims over $2,500 where insurance defense would be lost. Mediation terminates if not completed within about two months.
• Condo arbitration (HRS § 514B-162): disputes over interpretation/enforcement of Ch. 514B or the governing documents are subject to binding arbitration on demand, confirmable in circuit court under HRS § 658A-22; exceptions mirror the mediation carve-outs (Real Estate Commission matters, mortgagees, developers/contractors, health/safety equitable relief, assessment collection, personal injury, and large uninsured claims) (HRS § 514B-162(a)–(c), (f)).
• Planned community mediation (HRS § 421J-13): at any party's request, disputes concerning the interpretation/application/enforcement of Ch. 421J or the association documents must go to mediation first, with the same categories of exceptions (health/safety equitable relief, assessment collection, personal injury, and claims over $2,500 where insurance would be unavailable); mediation is not required past two months (HRS § 421J-13(a)–(c)).

Recent changes (2023–2026)

• The Legislature created a Condominium Property Regime Task Force with reports due to the 2024 and 2026 legislatures; it sunsets June 30, 2026 — signaling active, ongoing revision of Ch. 514B. (verify current status.)
• 2024–2025 enactments have targeted condominium budget summaries, document access, property insurance and repair financing, and C-PACER eligibility for AOAOs (per DCCA/practitioner summaries). (verify specific Act numbers and effective dates — not confirmed against session-law text.)
• HRS § 514B-121/§ 514B-125 and § 421J-3.5 now expressly accommodate remote/electronic meetings and notice (cross-referencing HRS Ch. 414D). (verify effective dates.)
• NEVER treat the specific 2024–2026 bill details above as settled — confirm against the current HRS and session laws before relying on them.

Sources

• HRS § 514B-121 Association meetings — https://sammade.github.io/aloha-io/title-28/chapter-514b/section-514b-121/ ; capitol.hawaii.gov — https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0514B/HRS_0514B-0121.htm
• HRS § 514B-125 Board meetings — https://sammade.github.io/aloha-io/title-28/chapter-514b/section-514b-125/ ; Justia — https://law.justia.com/codes/hawaii/title-28/chapter-514b/section-514b-125/
• HRS § 514B-104 Powers of the association (fines/due process) — https://sammade.github.io/aloha-io/title-28/chapter-514b/section-514b-104/
• HRS § 514B-146 Lien for assessments — https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-514b-146/ ; capitol.hawaii.gov — https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/hrs0514b/HRS_0514B-0146.HTM
• HRS § 514B-146.5 Supplemental nonjudicial foreclosure notices; restrictions on power of sale — https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-514b-146-5/ ; capitol.hawaii.gov — https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0514B/HRS_0514B-0146_0005.htm
• HRS § 514B-148 Budgets and replacement reserves — https://sammade.github.io/aloha-io/title-28/chapter-514b/section-514b-148/ ; Justia — https://law.justia.com/codes/hawaii/title-28/chapter-514b/section-514b-148/
• HRS § 514B-154 Association records — https://sammade.github.io/aloha-io/title-28/chapter-514b/section-514b-154/
• HRS § 514B-143 Insurance (fidelity bond) — https://law.justia.com/codes/hawaii/title-28/chapter-514b/section-514b-143/
• HRS § 514B-103 Association registration (DCCA) — https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0514B/HRS_0514B-0103.htm ; DCCA registration — https://aouo.ehawaii.gov/public/about.html
• HRS § 514B-161 Mediation / § 514B-162 Arbitration — https://sammade.github.io/aloha-io/title-28/chapter-514b/section-514b-161/ ; https://sammade.github.io/aloha-io/title-28/chapter-514b/section-514b-162/
• HRS Ch. 421J Planned Community Associations (full text) — https://www.capitol.hawaii.gov/hrscurrent/Vol08_Ch0401-0429/HRS0421J/HRS_0421J-.htm ; CAI Hawaii PDF — https://www.caihawaii.org/sites/default/files/content-files/Hawaii%20Laws%20&%20Regulations/HRSChapter421J.pdf
• HRS § 421J-3.5 Meeting notice — https://law.justia.com/codes/hawaii/title-23/chapter-421j/section-421j-3-5/
• HRS § 421J-7 Documents of the association — https://sammade.github.io/aloha-io/title-23/chapter-421j/section-421j-7/
• HRS § 421J-9 Notification of assessment increases — https://law.justia.com/codes/hawaii/title-23/chapter-421j/section-421j-9/
• HRS § 421J-10.5 Lien for assessments / § 421J-13 Mediation — https://sammade.github.io/aloha-io/title-23/chapter-421j/section-421j-13/ ; https://www.capitol.hawaii.gov/hrscurrent/Vol08_Ch0401-0429/HRS0421J/HRS_0421J-0010_0005.htm
• HRS § 196-7 Placement of solar energy devices — https://www.capitol.hawaii.gov/hrscurrent/vol03_ch0121-0200d/hrs0196/hrs_0196-0007.htm ; Justia — https://law.justia.com/codes/hawaii/title-12/chapter-196/section-196-7/
• HRS § 515-3 Fair housing / discriminatory practices — https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0515/HRS_0515-0003.htm ; HCRC assistance-animal guidance — https://labor.hawaii.gov/hcrc/files/2013/01/Assistance-Animals-as-a-Reasonable-Accommodation-in-Housing-7-25-11.pdf
• Condominium Property Regime Task Force / 2024–2026 changes — DCCA condo resources — https://cca.hawaii.gov/reb/resources-for-condominium-owners/ ; consolidated Ch. 514B (rev. 01-2025) — https://cca.hawaii.gov/wp-content/uploads/2026/01/514B-CONDOMINIUMS-Final-250116.pdf

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