Challenging an HOA Fine in Hawaii

In Hawaii, a condominium association's power to fine comes with a built-in procedure and an appeal — and the state offers mediation and administrative options if a dispute persists. For your specific situation, a licensed Hawaii attorney is the right resource. This is general information, not legal advice.

The procedure: HRS § 514B-104(a)(11)

Under § 514B-104(a)(11), a condominium association may "levy reasonable fines for violations of the declaration, bylaws, rules, and regulations of the association, either in accordance with the bylaws or, if the bylaws are silent, pursuant to a resolution adopted by the board that establishes a fining procedure that states the basis for the fine and allows an appeal to the board of the fine with notice and an opportunity to be heard."

That single sentence builds in several protections:

• The fine must be reasonable and tied to a violation of the governing documents.
• There must be a fining procedure — set in the bylaws or, if they are silent, by a board resolution.
• The procedure must state the basis for the fine and allow an appeal to the board "with notice and an opportunity to be heard."

So the first questions are whether a proper fining procedure exists and whether the association followed it, including the appeal.

State dispute-resolution options

Hawaii goes further than many states by offering owners channels beyond the board. Section 514B-104 itself references the dispute-resolution processes in §§ 514B-161 and 514B-162 — mediation and arbitration — and "a request for an administrative hearing under a pilot program administered by the department of commerce and consumer affairs." Those options can put a disputed fine in front of a neutral without a full lawsuit.

Tenants

Where a tenant violates the governing documents, § 514B-104(b) lets the association act against the tenant directly, but only "[a]fter giving notice to the tenant and the unit owner and an opportunity to be heard" — the same process protection extends to that situation.

What people generally do

For a Hawaii fine, the points that commonly matter:

• The association's records — the bylaws or resolution setting the fining procedure, the cited rule, and relevant minutes.
• Whether a proper fining procedure exists and was followed, including the right to appeal with notice and a hearing.
• The appeal to the board provided by § 514B-104(a)(11).
• Mediation, arbitration, or the DCCA administrative-hearing pilot for an unresolved dispute.
• How the rule has been enforced against others matters, a recognized defense; a licensed Hawaii attorney can advise.

Sources

• HRS § 514B-104 — Association; powers (fines)
• HRS § 514B-146 — Lien for assessments