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Is my HOA fine valid in Hawaii?

In Hawaii, a condo association may fine only under a procedure — in the bylaws or a board resolution — that states the basis for the fine and lets you appeal with notice and a hearing. State mediation and an administrative-hearing pilot are also available.

This is general information, not legal advice, and it does not decide whether your fine is valid. For your specific situation, a licensed Hawaii attorney is the right resource.

Check your notice

Answer a few questions about the Hawaii fine or violation notice you received, and see how it compares to what the law requires.

Question 1

1.Does your association have a fining procedure (in the bylaws or a board resolution) that states the basis for the fine and lets you appeal with notice and a hearing — and did it follow it?

Question 2

2.Is the fine out of proportion to the violation, or not tied to a rule in the governing documents?

Answer all questions to see your result.

What Hawaii law requires before an HOA can fine you

Governing framework: Hawaii Condominium Property Act (HRS § 514B-104).

A condo association may fine only under a procedure (in the bylaws or, if silent, a board resolution) that states the basis for the fine and allows an appeal to the board with notice and an opportunity to be heard.

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” — HRS § 514B-104(a)(11)

Statute: HRS § 514B-104(a)(11)

Section 514B-104 authorizes only reasonable fines, tied to a violation of the declaration, bylaws, or rules.

Statute: HRS § 514B-104(a)(11)

Go deeper on Hawaii HOA law

Sources

Not legal advice.This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.