Hawaii guide

Hawaii HOA governance risks

Hawaii condo governance reads against HRS Chapter 514B's prescriptive framework. The Hawaii Real Estate Commission requires condominium registration.

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RICO (Regulated Industries Complaints Office) provides narrow enforcement for document-access violations. The statute requires 14-day meeting notice, records access (§514B-152–154), and conflict-of-interest provisions (§514B-105). For HOAs under 421J, there is no comparable framework.

What HRS Chapter 514B requires

Board meetings with at least 14-day notice. Meeting minutes. Records access — including Act 161 (2025) requirement for free electronic copy of declaration/bylaws on request. Developer-control period ends when 2/3 of units sold, 60% of common interest certs issued, or 4 years elapse — whichever first.

Real Estate Commission registration

All condominium AOUOs must register with the Real Estate Commission and pay into the Condominium Education Trust Fund. Verify registration status. The Commission has enforcement power over developer disclosure violations but not over internal association disputes.

RICO complaint process

Owners may petition RICO for help with document-access issues under §514B-152–154. RICO cannot resolve most internal disputes — those go to mediation/arbitration or courts. Check for any RICO complaints filed against the association.

Conflict of interest under §514B-105

The statute prohibits board members from contracting with the association on terms that are not fair to owners. Patterns of contracts to board-affiliated vendors are worth investigating. Reading minutes and management contracts reveals practical compliance.

Hawaii legal references

Informational only. Not legal advice. Always confirm against current statute and counsel.

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Reviewer's checklist

  • Read 18–24 months of board and member meeting minutes
  • Verify 14-day meeting notice compliance
  • Submit a test records request under §514B-152–154
  • Check Act 161 (2025) compliance — free electronic declaration on request
  • Verify Real Estate Commission registration is current
  • Check for any RICO complaints filed against the association
  • Verify conflict-of-interest compliance (§514B-105)
  • Check for any developer-control issues if recently transitioned

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