HOA LAWS & REGULATIONS

Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in the state of Hawaii.
Hawaii Planned Community Associations, Haw. Rev. Stat. § 421J-1, et seq.: The law governs the formation, management, powers, and operation of all planned community associations (homeowners' associations) existing in Hawaii as of June 16, 1997. Haw. Rev. Stat. § 421J-2 (Definitions).
Hawaii Condominium Property Act, Haw. Rev. Stat. § 514B-1, et seq. The Act applies to all condominiums in Hawaii and provides a framework for, condominium formation, management, powers, operation, common expenses, voting rights, administration, and purchaser protection. See Haw. Rev. Stat. §514B-21 (Applicability), and § 514B-3 (Definitions).
Hawaii Nonprofit Corporations Act, Haw. Rev. Stat. § 414D-1, et seq.: The Act governs nonprofit corporations with regard to corporate structure and procedure. If an association is organized as a nonprofit, as is the case with most Hawaii associations, it will be governed by the Nonprofit Corporations Act. Visit the Hawaii Business Registration Division to find an association's corporate status.
Hawaii Discrimination In Real Property Transactions, Haw. Rev. Stat. § 515-1, et seq.: The law protects people's right to access all housing opportunities without discrimination based on race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status (the presence of children under the age of 18), ancestry, disability (including the need for service animals and reasonable accommodations), age, or human immunodeficiency virus infection. See § 515-2 (Definitions), and § 515-3 (Discriminatory Practices).
The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination may file a complaint with the Hawaii Civil Rights Commission, HUD, or file a private lawsuit in federal or state court.
Recommended Reading:

SOLAR RIGHTS, CLOTHESLINES, AND ELECTRIC VEHICLE CHARGING SYSTEMS

Placement of solar energy devices, Haw. Rev. Stat. §196-7. Any prohibitions on the use of a solar energy device or electric vehicle charging station are void and unenforceable, provided that the device in question complies with the association's rules and specifications and is registered with the association within 30 days of its installation. Associations must adopt rules that provide for the placement of solar energy devices. The law sets additional requirements for devices placed on a common element or limited common element, as defined by a project's declaration. Haw. Rev. Stat. §196-7.5 (Placement of electric vehicle charging system).
Placement of clotheslines, Haw. Rev. Stat. §196-8.5. Associations cannot prohibit or unreasonably restrict homeowners' use of a clothesline on any single-family residential dwelling or townhouse that the person owns. Associations may adopt rules that reasonably restrict the placement and use of clotheslines to dry clothes provided that those restrictions do not prohibit the use of clotheslines altogether.

GOVERNMENT AGENCIES

Federal Agencies - List of federal agencies with oversight authority over homeowners’ associations.
Hawaii Civil Rights Commission - The commission has the statutory authority to investigate alleged violations of housing discrimination and may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred. Haw. Rev. Stat. §515-9.
Hawaii Real Estate Commission - The Commission is responsible for the licensure, education, and discipline of real estate agents; registration of condominium associations, and managing agents.
Department of the Attorney General - The attorney general's office plays a vital role in protecting the state's citizens.
U.S. Department of Housing and Urban Development
- Tenant Rights, Laws & Protections
Department of Commerce and Consumer Affairs

FIND HOA INFORMATION AND DOCUMENTS

Homeowners' Association Directory - Find the association's contact information, list of active board members, articles of incorporation, and important corporation information by searching for the subdivision or community name.
Hawaii Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.
Examination of Association Documents, Records, and Information - Members of condominium and homeowner associations have a right to inspect association documents, records, and information, except confidential or privileged records. Most records must be maintained and available for inspection during the year created and for the following five years. If an association withholds or redacts records, it must produce a written explanation that identifies the legal basis. See Haw. Rev. Stat. § 514B-154 (condominiums), and § 421J-7 (planned community associations). See also, Haw. Rev. Stat. § 414D-302 for incorporated associations.

LEGAL RESOURCES

Hawaii State Legislature - Search your state representative and the legislation (or, "statutory law") database.

Hawaii State Bar Association - The association provides public access to a lawyer directory, lawyer referral service, and free or low-cost legal services.
Legal Aid Society of Hawaii - The office provides free legal services in non-criminal cases to low-income individuals.
Hawaii State Judiciary - Find court information, self-help, forms, court documents, search cases, and legal opinions.
American Arbitration Association - The association, provides alternative dispute resolution (ADR) services.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Hawaii HOA Laws and Resources