Hawaii HOA Laws

Homeowners associations in Hawaii can avoid the risk of liability by complying with the laws in their state. But, what are the Hawaii HOA laws you should know about?

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Homeowners associations in Hawaii can avoid the risk of liability by complying with the laws in their state. But, what are the Hawaii HOA laws you should know about?

 

For Homeowners Associations

The Hawaii Planned Community Associations oversees the creation, management, authority, and operation of all homeowners associations as of June 16, 1997. You can find the provisions under the Hawaii Revised Statutes Sections 421J-1 through 421J-16.

 

For Condominiums

Condominiums in Hawaii must abide by the Hawaii Condominium Property Act. This Act provides guidance for the creation, management, authority, and operation of condominiums. It also covers voting rights, common expenses, and administration. You can find this Act under the Hawaii Revised Statutes. It consists of seven parts, each one divided further into sections.

Part I – General Provisions

Part II – Applicability

Part III – Creation, Alteration, And Termination Of Condominiums

Part IV – Registration And Administration Of Condominiums

Part V – Protection Of Condominium Purchasers

Part V-A. General Provisions

Part V-B. Sales to Owner-Occupants

Part VI – Management Of Condominiums

Part VI-A. Powers, Duties, and Other General Provisions

Part VI-B. Governance – Elections and Meetings

Part VI-C. Operations

Part VI-D. Alternative Dispute Resolution

Part VII – Miscellaneous Provisions

 

Hawaii HOA Laws on Corporate Governance

The Hawaii Nonprofit Corporations Act provides guidance on the corporate procedure and structure of non-profit corporations. A majority of the HOAs in Hawaii form as non-profit corporations, which means they must abide by this Act. You can find this Act under the Hawaii Revised Statutes. It consists of 17 parts, namely:

 

Hawaii HOA Laws on Property Use Restrictions

Although homeowners associations can impose certain property use restrictions, the HOA laws of Hawaii does contain some limitations. Here are just a few of them.

  • Solar Energy Devices. According to the Haw. Rev. Stat. Section 196-7, associations may not prohibit homeowners from installing solar energy devices. Rules or covenants that do so are deemed void and unenforceable.
  • Electric Vehicle Charging Stations. Similarly, Section 196-7.5 states that associations may not prohibit homeowners from installing electric vehicle charging systems.
  • Clotheslines. Some HOAs restrict owners from hanging their clothes out to dry on clotheslines for the sake of maintaining the exterior appearance of the neighborhood. In Hawaii, though, associations can’t forbid owners to do so, as it is their right to dry according to the Haw. Rev. Stat. Section 196-8.5.

 

Fair Housing

The federal Fair Housing Act prohibits homeowners associations from discriminating against persons based on certain classes on a national level. The Hawaii Revised Statutes contain similar language under Title 28 Chapter 515. Hawaii’s Fair Housing laws offer protection to persons against discrimination based on race, color, ancestry, sex, gender identity, sexual orientation, religion, familial status, marital status, and disability. For persons with disabilities, HOAs must provide reasonable accommodations and follow provisions concerning the use of service animals.

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