Hawaii is a condominium-heavy state, and its law reflects that. The Hawaii Condominium Property Act, HRS Chapter 514B, is the comprehensive statute governing condominiums — a large share of Hawaii's community-association homes. 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; the condominium chapter adds a statutory lien with a six-month priority. Most associations are also nonprofit corporations, 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 — within 30 days, at modest cost
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," and association documents and records must be provided "no later than thirty days after receipt of a unit owner's … written request." Copy fees are capped at "$1 per page." Chapter 421J § 421J-7 gives planned-community owners a comparable right to examine association documents, the current financial statement, and recent board minutes. 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 points owners toward Hawaii's dispute-resolution options — mediation and arbitration under §§ 514B-161 and 514B-162, and an administrative-hearing pilot run by the Department of Commerce and Consumer Affairs. See Challenging an HOA Fine in Hawaii.
The assessment lien — a six-month priority
Under HRS § 514B-146, unpaid common-expense assessments are a lien on the condominium unit "with priority over all other liens," except government tax and assessment liens. Hawaii adds a six-month super-priority: the association's lien is prior to a first mortgage for up to six months of unpaid regular common assessments — not interest, late fees, attorney's fees, or fines — regardless of when the mortgage was recorded. The association may foreclose "judicially or nonjudicially … whether or not the association's governing documents contain power of sale language." Planned-community liens, by contrast, generally depend on the recorded declaration. 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). Because Hawaii is condo-heavy, many associations fall under 514B. A licensed Hawaii attorney can confirm which applies to your home.
How long is Hawaii's condominium super-priority lien?
Under HRS § 514B-146, the association's lien has priority over a first mortgage for up to six months of unpaid regular common assessments (not fines, fees, or interest), regardless of when the mortgage was recorded. 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.