Hawaii Revised Statutes 514a. Condominium Property Regimes

PART I. GENERAL PROVISIONS AND DEFINITIONS

• 514a-1 Title.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-1.5 Applicability of Chapter.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-1.6 Conformance With County Land Use Ordinances.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-2 Chapter Not Exclusive.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-3 Definitions.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-4 Status of Apartments.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-5 Ownership of Apartments.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-6 Separate Taxation.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-7 Condominium Specialist; Appointment; Duties.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...

PART II. CREATION, ALTERATION, AND
TERMINATION OF CONDOMINIUMS

• 514a-11 Recordation and Contents of Declaration.
  The bureau of conveyances and the land court shall immediately set up the mechanics and method by which recordation of a master deed or...
• 514a-12 Copy of the Floor Plans to Be Filed.
  Simultaneously with the recording of the declaration, there shall be filed in the office of the recording officer a set of the floor plans...
• 514a-13 Common Elements.
  (a) Each apartment shall have appurtenant thereto a common interest as expressed in the declaration. (b) The common interest appurtenant to each apartment as...
• 514a-13.4 Telecommunications Equipment and Renewable Energy Devices.
  (a) Notwithstanding any other provisions to the contrary in this chapter, in the declaration of any project, or in the bylaws of any association:...
• 514a-13.5 Remuneration to Allow Ingress and Egress Prohibited.
  Ingress and egress through lobby areas or walkways, whether common elements, limited common elements, or individually owned, shall not be denied to apartment owners...
• 514a-13.6 Mailboxes for Each Dwelling Required.
  Any: (1) Condominium: (A) Built; (B) Rehabilitated, reconstructed, or otherwise improved to the extent that the value of the work required equals at least...
• 514a-14 Parking Stalls.
  Notwithstanding any provision of the declaration, apartment owners shall have the right to change the designation of parking stalls which are appurtenant to their...
• 514a-14.5 Ownership of Parking Stalls.
  (a) Owners of apartments intended for use for dwelling purposes shall have the right to own or have designated parking stalls to be appurtenant...
• 514a-15 Common Profits and Expenses.
  (a) The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners, including the...
• 514a-15.1 Common Expenses; Prior Late Charges.
  No association of apartment owners shall deduct and apply portions of common expense payments received from an apartment owner to unpaid late fees (other than...
• 514a-15.5 Metering of Utilities.
  (a) Notwithstanding the provisions of section 514A-15, commercial apartments in mixed-use projects containing apartments for both residential and commercial use shall have a separate...
• 514a-16 Liens Against Apartments; Removal From Lien; Effect of Part Payment.
  (a) Subsequent to substantial completion of the project and the recordation of the first conveyance or lease of an apartment in the project to...
• 514a-17 Contents of Deeds or Leases of Apartments.
  Deeds or leases of apartments shall include the following particulars: (1) Description of the land as provided in section 514A-11, or incorporation by reference...
• 514a-18 Blanket Mortgages and Other Blanket Liens Affecting an Apartment At Time of First Conveyance or Lease.
  At the time of the first conveyance or lease of each apartment, every mortgage and other lien, except any improvement district or utility assessment,...
• 514a-19 Merger of Increments.
  (a) Two or more condominium projects, whether or not adjacent to one another, but which are part of the same incremental plan of development...
• 514a-20 Condominium Property Regimes.
  Whenever the sole owner or all of the owners including all of the lessees of a property expressly declare, through the execution and recordation...
• 514a-21 Removal From Provisions of This Chapter.
  (a) If: (1) Apartment owners owning not less than eighty per cent in number of apartments in the aggregate, and owning apartments to which...
• 514a-22 Removal No Bar to Subsequent Resubmission.
  The removal provided for in section 514A-21 shall in no way bar the subsequent resubmission of the property to this chapter. [L 1977, c...

PART III. REGISTRATION AND ADMINISTRATION

• 514a-31 Notification of Intention.
  (a) Prior to the time when apartments in a condominium project are to be offered for sale in this State, the developer shall register...
• 514a-32 Questionnaire and Filing Fee.
  The notice of intention shall be accompanied by: (1) A nonrefundable fee as provided in rules adopted by the director of commerce and consumer...
• 514a-33 Inspection.
  After appropriate notification has been made or additional information has been received pursuant to sections 514A-31, 514A-32, 514A-39.5, 514A-40, or 514A-41, an inspection of the...
• 514a-34 Inspection Expenses.
  When an inspection is to be made of projects, the developer shall be required to pay an amount estimated by the commission to be...
• 514a-35 Waiver of Inspection.
  The commission may waive an inspection when in its opinion, a preliminary, contingent final, final, or supplementary public report can be substantially drafted and...
• 514a-36 Public Reports and Registration Fees.
  (a) Concurrently with its filing with the commission of the notification of intention pursuant to sections 514A-31 and 514A-32, the developer shall prepare and...
• 514a-37 Preliminary Public Reports.
  The commission may issue an effective date for a preliminary public report upon the commission's receipt of a notice of intention the filing of...
• 514a-38 Request for Effective Date or Hearing by Developer.
  The director of commerce and consumer affairs may contract with private consultants for the review of documents and information submitted to the commission pursuant...
• 514a-39 Repealed.
  L 1991, c 44, §25.
• 514a-39.5 Contingent Final Public Report.
  (a) Prior to the issuance of an effective date for a final public report, the developer may request that the commission issue an effective...
• 514a-40 Final Reports.
  (a) No effective date shall be issued by the commission for a final public report prior to completion of construction of the project, unless...
• 514a-41 Supplementary Public Report.
  (a) If after the effective date has been issued by the commission for a public report, any circumstance occurs which would render the public...
• 514a-42 True Copies of Public Report; No Misleading Information.
  The public reports given by the developer to prospective purchasers shall be an exact reproduction of the public report for which the commission has...
• 514a-43 Automatic Expiration of Public Reports; Exceptions.
  (a) Except as provided in section 514A-39.5, a public report shall expire thirteen months after the effective date of the report. The commission, upon...
• 514a-44 Deposit of Fees.
  All fees collected under this chapter shall, unless otherwise provided in this chapter, be deposited by the director of commerce and consumer affairs to...
• 514a-45 Supplemental Regulations Governing a Condominium Property Regime.
  Whenever they deem it proper, the commission, the county councils of the various counties or the city council of the city and county of...
• 514a-46 Investigatory Powers.
  If the commission has reason to believe that any person is violating or has violated section 514A-2, 514A-31 to 514A-49, 514A-61 to 514A-63, 514A-65,...
• 514a-47 Cease and Desist Orders.
  In addition to its authority under section 514A-48, whenever the commission has reason to believe that any person is violating or has violated section...
• 514a-48 Power to Enjoin.
  Whenever the commission believes from satisfactory evidence that any person has violated section 514A-2, 514A-31 to 514A-49, 514A-61 to 514A-63, 514A-65, 514A-67, 514A-68, 514A-70,...
• 514a-49 Penalties.
  (a) Any person who violates or fails to comply with section 514A-2, 514A-31 to 514A-49, 514A-61 to 514A-63, 514A-65, 514A-67, 514A-68, 514A-70, 514A-83.5, 514A-84,...
• 514a-50 Limitation of Action.
  No civil or criminal actions shall be brought by the State pursuant to this chapter more than two years after the discovery of the...

PART IV. PROTECTION OF PURCHASERS

• 514a-61 Disclosure Requirements.
  (a) Each developer of a project subject to this chapter shall prepare and provide to each prospective initial purchaser an abstract which shall contain...
• 514a-62 Copy of Public Report to Be Given to Prospective Purchaser.
  (a) The developer (or any other person offering any apartment in a condominium project prior to completion of its construction) shall not enter into...
• 514a-63 Rescission Rights.
  (a) Except for any additions, deletions, modifications and reservations including, without limitation, the merger or addition or phasing of a project, made pursuant to...
• 514a-64 Repealed.
  L 1984, c 58, §7.
• 514a-64.5 Protection of Purchasers' Funds.
  (a) If the commission issues an effective date for a contingent final public report for a project, the escrow agent shall deposit all purchasers'...
• 514a-65 Escrow Requirement.
  All moneys paid by purchasers prior to the purchaser's receipt of the contingent final public report or the final public report on the project...
• 514a-66 Repealed.
  L 1984, c 58, §9.
• 514a-67 Financing Construction.
  Should the apartments be conveyed or leased prior to the completion of construction of the building or buildings for the purpose of financing such...
• 514a-68 Misleading Statements and Omissions.
  No officer, agent, or employee of any company, and no other person may knowingly authorize, direct, or aid in the publication, advertisement, distribution, or...
• 514a-69 Remedies; Sales Voidable When and by Whom.
  Every sale made in violation of section 514A-68 is voidable at the election of the purchaser; and the person making such sale and every...
• 514a-70 Warranty Against Structural and Appliance Defects; Notice of Expiration Required.
  The developer of a condominium property regime subject to this chapter shall give notice by certified mail at the appropriate time to all members...

PART V. CONDOMINIUM MANAGEMENT

• 514a-81 Bylaws.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-82 Contents of Bylaws.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-82.1 Employees of Condominiums; Background Check.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-82.2 Restatement of Declaration and Bylaws.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-82.3 Borrowing of Money.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-82.4 Duty of Directors.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-82.5 Pets in Apartments.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-82.6 Pets, Replacement of Subsequent to Prohibition.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-82.15 Mixed Use Property; Representation on the Board of Directors.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-83 Purchaser's Right to Vote.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-83.1 Board Meetings.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-83.2 Proxies.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-83.3 Membership List.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-83.4 Meeting Minutes.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-83.5 Documents of the Association of Apartment Owners.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-83.6 Associations of Apartment Owners; Budgets and Reserves.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-84 Management and Contracts; Developer, Managing Agent, and Association of Apartment Owners.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-84.5 Availability of Project Documents.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-85 Records; Examination; Disposal.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-86 Insurance.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-87 Personal Application.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-88 Compliance With Covenants, Bylaws, and Administrative Provisions.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-89 Certain Work Prohibited.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-90 Priority of Lien.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-90.5 Unpaid Common Expenses; Collection From Tenants.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-90.6 Lease Rent Renegotiation.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-91 Joint and Several Liability of Grantor and Grantee for Unpaid Common Expenses.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-92 Waiver of Use of Common Elements; Abandonment of Apartment; Conveyance to Board of Directors.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-92.1 Designation of Additional Areas.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-92.2 Notification of Maintenance Fee Increases.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-92.5 Association of Apartment Owners; Prior Written Notice of Assessment of the Cost of Providing Information.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-93 Actions.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-93.3 Service of Process.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-93.5 Disposition of Unclaimed Possessions.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-94 Attorneys' Fees, Delinquent Assessments, and Expenses of Enforcement.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-95 Managing Agents.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-95.1 Association of Apartment Owners Registration; Fidelity Bond.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-96 Board of Directors, Audits, Audited Financial Statement, Transmittal.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-97 Association of Apartment Owners Funds; Handling and Disbursement.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-98 False Statement.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...
• 514a-99 Rules.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for the sections...

PART VI. SALES TO OWNER-OCCUPANTS

• 514a-101 Definitions.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-101 Definitions. As used in this part: "Chronological system" means a system in...
• 514a-102 Announcement or Advertisement; Publication.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-102 Announcement or advertisement; publication. At least once in each of two successive...
• 514a-103 Designation of Residential Apartments.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-103 Designation of residential apartments. (a) The developer of any project containing residential...
• 514a-104 Apartment Selection, Requirements.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-104 Apartment selection, requirements. (a) When the chronological system is used, the developer...
• 514a-104.5 Affidavit.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-104.5 Affidavit. (a) The owner-occupant affidavit required by section 514A-104 shall expire after...
• 514a-104.6 Prohibitions.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-104.6 Prohibitions. (a) No person who has executed an owner-occupant affidavit shall sell...
• 514a-105 Sale of Residential Apartments; Developer Requirements.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-105 Sale of residential apartments; developer requirements. (a) The developer may go to...
• 514a-106 Repealed
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-106 REPEALED. L 2000, c 210, §12.
• 514a-107 Enforcement.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-107 Enforcement. (a) Whenever the commission believes from satisfactory evidence that any person...
• 514a-107.5 Penalties.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-107.5 Penalties. (a) Any person who executes an affidavit required by this part...
• 514a-107.6 False Statement.
  Part heading reenacted by L 1992, c 50, pt of §2. [§514A-107.6] False statement. It shall be unlawful for any person to make a...
• 514a-108 Inapplicability of Part or Sections.
  Part heading reenacted by L 1992, c 50, pt of §2. §514A-108 Inapplicability of part or sections. (a) This part shall not apply to...

PART VII. ARBITRATION; MEDIATION

• 514a-121 Arbitration of Disputes.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-121.5 Mediation.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-122 Determination of Unsuitability.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-123 Determination of Insurance Coverage.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-124 Costs, Expenses and Legal Fees.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-125 Award; Confirming Award.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-126 Findings of Fact and Conclusions of Law.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...
• 514a-127 Trial De Novo and Appeal.
  This part, referenced as repealed in the main volume, was reenacted by L 2007, c 244, pt of §2. Source notes for each section...

PART VIII. MISCELLANEOUS

• 514a-131 to 514a-133 Repealed.
  Part heading amended by L 2009, c 129, pt of §9. §§514A-131 to 514A-133 REPEALED. L 2009, c 129, pt of §9.
• 514a-134 False Statement.
  Part heading amended by L 2009, c 129, pt of §9. §514A-134 False statement. It shall be unlawful for any association of apartment owners,...
• 514a-135 Rules.
  Part heading amended by L 2009, c 129, pt of §9. §514A-135 Rules. The real estate commission shall adopt rules pursuant to chapter 91...

Last modified: October 27, 2016