Question:
How much authority does an hoa have over interior cosmetic upgrades and improvements? is a homeowner required to have board approval for the same? what if the improvements are made without boards approval , what remedies does the board have if any. what is the best way to deal with an overbearing board that would like to control faucet or lighting replacements?
– Don
Answer:
Hi Don,
If you live in a condominium, it is subject to the Hawaii Condominium Property Act Section 514B-140(c) which states nonmaterial additions or alterations are subject only to board approval. This is subject also to the provisions of the association’s governing documents. Kindly review them.
In the case of homeowners associations, the board’s authority to regulate internal changes may depend on the HOA’s governing documents and architectural guidelines. Kindly review them to verify what powers your HOA has and what you must get approval for.
For both condo and homeowners associations, the governing documents may also outline what remedies the board can take when someone violates the guidelines. If improvements are made without board approval, you may face enforcement action from the board. They may send you a violation notice, levy fines, or use other means of enforcement.
If you feel the architectural guidelines are overbearing, you may raise the issue with the board or at a board meeting. You may also propose an amendment if the changes alter the governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
