CHAPTER 514B
CONDOMINIUMS
Part I. General Provisions
Section
514B-1 Short title
514B-2 Applicability
514B-3 Definitions
514B-4 Separate titles and taxation
514B-5 Conformance with county land use laws
514B-6 Supplemental county rules governing a condominium
property regime
514B-7 Construction against implicit repeal
514B-8 Severability
514B-9 Obligation of good faith
514B-10 Remedies to be liberally administered
Part II. Applicability
514B-21 Applicability
514B-22 Repealed
514B-23 Amendments to governing instruments
Part III. Creation, Alteration, and Termination
of Condominiums
514B-31 Creation
514B-32 Contents of declaration
514B-33 Condominium map
514B-34 Condominium map; certification of architect,
engineer, or surveyor
514B-35 Unit boundaries
514B-36 Leasehold units
514B-37 Common interest
514B-38 Common elements
514B-39 Limited common elements
514B-40 Transfer of limited common elements
514B-41 Common profits and expenses
514B-42 Metering of utilities
514B-43 Liens against units
514B-44 Contents of deeds or leases of units
514B-45 Blanket mortgages and other blanket liens affecting
a unit at time of first conveyance or lease
514B-46 Merger of projects or increments
514B-47 Removal from provisions of this chapter
Part IV. Registration and Administration
of Condominiums
514B-51 Registration required; exceptions
514B-52 Application for registration
514B-53 Inspection by commission
514B-54 Developer's public report; requirements for issuance
of effective date
514B-55 Developer's public report; request for hearing by
developer
514B-56 Developer's public report; amendments
514B-57 Commission oversight of developer's public report
514B-58 Annual report
514B-59 Expiration of developer's public reports
514B-60 No false or misleading information
514B-61 General powers and duties of commission
514B-62 Deposit of fees
514B-63 Condominium specialists; appointment; duties
514B-64 Private consultants
514B-65 Investigative powers
514B-66 Cease and desist orders
514B-67 Termination of registration
514B-68 Power to enjoin
514B-69 Penalties
514B-70 Limitation of actions
514B-71 Condominium education trust fund
514B-72 Condominium education trust fund; payments
by associations and developers
514B-73 Condominium education trust fund; management
Part V. Protection of Condominium Purchasers
A. General Provisions
514B-81 Applicability; exceptions
514B-82 Sale of units
514B-83 Developer's public report
514B-84 Developer's public report; special types of
condominiums
514B-85 Preregistration solicitation
514B-86 Requirements for binding sales contracts;
purchaser's right to cancel
514B-87 Rescission after sales contract becomes binding
514B-88 Delivery
514B-89 Sales contracts before completion of construction
514B-90 Refunds upon cancellation or termination
514B-91 Escrow of deposits
514B-92 Use of purchaser deposits to pay project costs
514B-93 Early conveyance to pay project costs
514B-94 Misleading statements and omissions; remedies
B. Sales to Owner-Occupants
514B-95 Definitions
514B-95.5 Announcement or advertisement; publication
514B-96 Designation of residential units
514B-96.5 Unit selection; requirements
514B-97 Affidavit
514B-97.5 Prohibitions
514B-98 Sale of residential units; developer requirements
514B-98.5 Enforcement
514B-99 Penalties
514B-99.3 False statement
514B-99.5 Inapplicability of laws
Part VI. Management of Condominiums
A. Powers, Duties, and Other General Provisions
514B-101 Applicability; exceptions
514B-102 Association; organization and membership
514B-103 Association; registration
514B-104 Association; powers
514B-105 Association; limitations on powers
514B-106 Board; powers and duties
514B-106.5 Service of process
514B-107 Board; limitations
514B-108 Bylaws
514B-109 Restatement of declaration and bylaws
514B-110 Bylaws amendment permitted; mixed use property;
representation on board
514B-111 Judicial power to excuse compliance with
requirements of declaration or bylaws
514B-112 Condominium community mutual obligations
514B-113 Medical cannabis; discrimination
B. Governance - Elections and Meetings
514B-121 Association meetings
514B-122 Association meetings; minutes
514B-123 Association meetings; voting; proxies
514B-124 Association meetings; purchaser's right to vote
514B-124.5 Voting for elections; cumulative voting
514B-125 Board meetings
514B-126 Board meetings; minutes
C. Operations
514B-131 Operation of the property
514B-132 Managing agents
514B-133 Association employees; background check; prohibition
514B-134 Management and contracts; developer, managing
agent, and association
514B-135 Termination of contracts and leases of developer
514B-136 Transfer of developer rights
514B-137 Upkeep of condominium
514B-138 Upkeep of condominium; high-risk components
514B-139 Upkeep of condominium; disposition of
unclaimed possessions
514B-140 Additions to and alterations of condominium
514B-141 Tort and contract liability; tolling
of limitation period
514B-142 Aging in place or disabled; limitation on liability
514B-143 Insurance
514B-144 Association fiscal matters; assessments for
common expenses
514B-145 Association fiscal matters; collection of unpaid
assessments from tenants or rental agents
514B-146 Association fiscal matters; lien for assessments
514B-146.5 Association fiscal matters; supplemental nonjudicial
foreclosure notices; restrictions on power of sale
514B-147 Association fiscal matters; other liens affecting
the condominium
514B-148 Association fiscal matters; budgets and replacement
reserves
514B-149 Association fiscal matters; handling and disbursement
of funds
514B-150 Association fiscal matters; audits, audited
financial statement
514B-151 Association fiscal matters; lease rent renegotiation
514B-152 Association records; generally
514B-153 Association records; records to be maintained
514B-154 Association records; availability; disposal;
prohibitions
514B-154.5 Association documents to be provided
514B-155 Association as trustee
514B-156 Pets
514B-157 Attorneys' fees, delinquent assessments, and
expenses of enforcement
D. Alternative Dispute Resolution
514B-161 Mediation
514B-162 Arbitration
514B-162.5 Voluntary binding arbitration
514B-163 Trial de novo and appeal
Part VII. Miscellaneous Provisions
514B-191 Retaliation prohibited
Note
"L 2017, c 181, §45 (effective January 1, 2019) provides...", as shown in the main volume, is superceded by "L 2017, c 181, §45, as amended by L 2019, c 223, §1, provides:
'SECTION 45. Condominium property regimes created prior to July 1, 2006, that were issued an effective date pursuant to sections 514A-40 and 514A-41, Hawaii Revised Statutes, may be sold on or after January 1, 2019, without revising any of the governing documents; provided that the developer's public report was active, non-expired, and accurate between January 1, 2019, and July 1, 2020, pursuant to sections 514A-40 and 514A-41, Hawaii Revised Statutes, along with their most recent disclosure abstract, if any, will be treated as non-expiring developer's public reports under part IV of chapter 514B, Hawaii Revised Statutes. Chapter 514A, Hawaii Revised Statutes, developer's public reports shall be treated as non-expiring chapter 514B, Hawaii Revised Statutes, developer's reports on the first day their respective report was accurate and had an active effective date between January 1, 2019, and July 1, 2020. Should any pertinent or material changes, or both, occur to the condominium project, the developer shall file a developer's public report superseding all prior reports pursuant to section 514B-56, Hawaii Revised Statutes; provided that such projects and their subsequent reports filed under chapter 514B, Hawaii Revised Statutes, shall be exempt from the conversion requirements under section 514B-84(a)(1) and (2), Hawaii Revised Statutes. On July 1, 2020, condominium property regimes created prior to July 1, 2006, that were not issued an effective date pursuant to sections 514A-40 and 514A-41, Hawaii Revised Statutes, did not file a notice of intent pursuant to section 514A-1.5(2)(B), Hawaii Revised Statutes, or have effective dates expired prior to January 1, 2019, shall revise their governing documents and register under chapter 514B, Hawaii Revised Statutes, for a developer to offer for sale or to sell condominiums.
A condominium property regime registered under chapter 514A, Hawaii Revised Statutes, shall not be required to revise its governing documents to comply with chapter 514B, Hawaii Revised Statutes, for sales of time share interests to be made in the condominium property regime.
Nothing contained in this Act or in the condominium property act shall be deemed to invalidate any condominium property regime that was validly created under chapter 514A, Hawaii Revised Statutes, prior to July 1, 2006.'"
Condominium property regime task force; reports to 2024-2025 legislature (ceases to exist on June 30, 2025). L 2023, c 189, §3.
Election to register a chapter 514A condominium under chapter 514B. L 2005, c 93, §9; L 2007, c 244, §8.
Cross References
Building permit requirements on new developments in school impact districts, see §46-142.5.
Placement of clotheslines, see §196-8.5.