Can an HOA Regulate Outdoor Furniture in Hawaii?

Question:

I was recently told by the board at my building that my custom made chaise lounger I made to sit on my lanai was not allowed. It is 62″ wide 55″ long and 31 1/2″ tall not including the backrest. With the backrest it is 62″ wide 62″ long and 48″ tall.

My lounger was made to be extra tall and long due to my sciatica condition. Its painful for me to be in a seated position without having my legs up. Furthermore, its painful to get up from a low chair or lounger like the traditional ones you see by the pool. I made this so I could make use of my lanai space. I sent pictures and measurements of my lounger and that of one that you can purchase. I also told them about my condition and why I made it like I did.
I’m hoping you can give me your expert advice on how I can place my lounger back on my lanai.

– Michele

 

Answer:

Hi Michele,

Homeowners associations are known for enforcing architectural standards to keep the community’s aesthetic appeal. This usually includes placing restrictions on what kind of outdoor furniture you can have. To know if your HOA has the ability to place such restrictions, though, you should refer to your bylaws and CC&Rs. These governing documents will also tell you what procedures you should follow to seek approval from the HOA board.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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