Hawaii splits community-association law by community type. The Hawaii Condominium Property Act, HRS Chapter 514B, is the comprehensive statute governing condominiums. Non-condo communities of separately owned lots fall under the Planned Community Associations law, HRS Chapter 421J. Both give owners open board meetings and records access; both also create a statutory lien for unpaid assessments. An association may be organized as a nonprofit corporation, which brings in the Hawaii Nonprofit Corporations Act (HRS Chapter 414D), and federal law applies alongside. For your specific situation, a licensed Hawaii attorney is the right resource. This is general information, not legal advice.
First: condominium or planned community?
Which chapter governs depends on how your community is structured:
- Condominium — governed by the Condominium Property Act (HRS 514B), which covers powers and fines (§ 514B-104), board meetings (§ 514B-125), records (§ 514B-154, 514B-154.5), and the assessment lien (§ 514B-146).
- Planned community (separately owned lots under a master declaration) — governed by HRS Chapter 421J, which covers board meetings (§ 421J-5), meeting notice (§ 421J-3.5), and association documents and records (§ 421J-7).
A licensed Hawaii attorney can confirm which applies to your home. See Which Hawaii Laws Govern Your HOA?.
Open board meetings
Both chapters open the board's meetings to owners. Under HRS § 514B-125, "[a]ll meetings of the board, other than executive sessions, shall be open to all members of the association," and non-board members "shall be permitted to participate in any deliberation or discussion" under owner-participation rules the board adopts. The board must meet at least once a year, with notice posted "seventy-two hours prior to the meeting." Chapter 421J § 421J-5 provides a parallel open-meeting rule for planned communities. See Attending HOA Meetings in Hawaii.
Records — 30 days for condos, a reasonable time for planned communities
Under HRS § 514B-154 and § 514B-154.5, the association's "most current financial statement" and approved board minutes for the current and prior year must be available to owners "at no cost or on twenty-four-hour loan" (the minutes may instead be sent "within fifteen days of receipt of the request"), and association documents and records must be provided "no later than thirty days after receipt of a unit owner's … written request." Condominium copy fees "shall not exceed $1 per page," except for pages larger than eight and one-half by fourteen inches (§ 514B-154.5(f); § 514B-154(j)). Chapter 421J § 421J-7 gives planned-community owners a similar right to examine association documents, the current financial statement, and recent board minutes, but with no 30-day deadline: requested minutes go out "within a reasonable period of time from receipt of the request," copies cost "a reasonable fee," and the board answers a written request to examine other documents "within sixty calendar days of receipt of the request." See Getting Your Hawaii HOA's Records.
Fines — a defined procedure with an appeal
Under HRS § 514B-104(a)(11), a condominium association may "levy reasonable fines for violations of the declaration, bylaws, rules, and regulations … either in accordance with the bylaws or, if the bylaws are silent, pursuant to a resolution … 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." The statute also provides that "if the fine is paid, the unit owner shall have the right to initiate a dispute resolution process" — mediation and arbitration under §§ 514B-161 and 514B-162, or an administrative-hearing pilot run by the Department of Commerce and Consumer Affairs. Separately, under § 514B-146(d)(4) and (g), an owner who contests a fine included in an assessment demand may "make a demand in writing for mediation on the validity of those charges" before paying them, within thirty days of the written statement described in § 514B-146(d). See Challenging an HOA Fine in Hawaii.
The assessment lien — and a six-month special assessment
Under HRS § 514B-146(a), unpaid common-expense assessments are a lien on the condominium unit "with priority over all other liens," except government tax and assessment liens and "all sums unpaid on any mortgage of record that was recorded before the recordation of a notice of a lien by the association." So a first mortgage recorded before the association records a notice of its lien generally stays ahead of it. Hawaii's six-month rule works differently: under § 514B-146(j)–(k), when a mortgagee or other purchaser buys a delinquent unit at a judicial or nonjudicial foreclosure sale, the board may specially assess that purchaser for unpaid regular monthly common assessments "assessed during the six months immediately preceding the completion" of the foreclosure. That figure excludes interest, late charges, fines, and collection or attorney's fees (§ 514B-146(l)). The lien "may be foreclosed by action or by nonjudicial or power of sale foreclosure, regardless of the presence or absence of power of sale language in an association's governing documents," but a lien that "arises solely from fines, penalties, legal fees, or late fees" has to be foreclosed in court. Planned-community liens under § 421J-10.5 take their priority from the association documents or, if those are silent, the recordation date, and Chapter 421J has its own six-month special assessment with a carve-out for certain mortgage holders (§ 421J-10.5(g)–(h)). See Can a Hawaii HOA Foreclose Over Dues?.
When a rule may not hold up
A Hawaii rule has to fit within the authority the declaration and the governing chapter grant, be applied evenhandedly, and — for a condo fine — follow the § 514B-104 procedure. See When Is a Hawaii HOA Rule Unenforceable?.
Frequently asked questions
Does Hawaii's condominium law or the planned-community law apply to me?
Condominiums are governed by the Condominium Property Act (HRS 514B); communities of separately owned lots under a master declaration are governed by the Planned Community Associations law (HRS 421J). Chapter 421J's definition of a planned community expressly excludes "a condominium or a cooperative housing corporation or a time share plan" (HRS § 421J-2). A licensed Hawaii attorney can confirm which applies to your home.
Does a Hawaii condo lien come before the first mortgage?
Generally not if the mortgage was recorded first. HRS § 514B-146(a)(2) excepts from the association lien's priority "all sums unpaid on any mortgage of record that was recorded before the recordation of a notice of a lien by the association." Separately, § 514B-146(j)–(k) lets the board specially assess whoever buys the unit at a foreclosure sale, including the foreclosing lender, for up to six months of unpaid regular monthly common assessments (not fines, fees, or interest). A licensed Hawaii attorney can explain how it applies to a specific account.
Are Hawaii HOA board meetings open to owners?
Yes. HRS § 514B-125 (condos) and § 421J-5 (planned communities) require board meetings, other than executive sessions, to be open to members, who may participate under rules the board adopts. Executive sessions are limited to narrow topics like personnel, litigation, and attorney-client matters.
Sources
- HRS § 514B-104 — Association; powers (fines)
- HRS § 514B-125 — Board meetings
- HRS § 514B-146 — Lien for assessments
- HRS § 514B-154 — Association records; availability
- HRS § 514B-154.5 — Association documents to be provided
- HRS Chapter 421J — Planned Community Associations
- HRS § 421J-7 — Documents of the association
- HRS § 421J-10.5 — Lien for assessments