Question:
Aloha!
Can you please direct me to your page or other website that details the law on document retention for HOA in the State of Hawaii?
Can they be scanned so we can discard the hard copies? Are the electronic version considered legal documents in Hawaii?
Is there a Hawaii State document that we could refer to regarding this process?
– Nestor
Answer:
Hi Nestor,
The laws regarding HOA documents may be found in the Hawaii Planned Community Associations Section 421J-7. The law seems silent on how the records should be kept, but it does include a provision allowing HOAs to transmit minutes of meetings via electronic means. You may also refer to the governing documents to see the HOA’s requirements on the format for record retention.
If the HOA is incorporated as a non-profit, you may also refer to the Hawaii Nonprofit Corporations Act Section 414D-301. Regarding electronic records, subsection d simply states that: “A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.”
For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
