HOA Rules and Regs

The Benefits of a Good HOA Maintenance Plan

The exterior of an association property or neighborhood gives people their first impression. Pleasing, well-maintained grounds and common areas are a sign that a property is probably well taken care of overall. With the increasing popularity of an internet “drive by,” curb appeal has become even more important making people want to “stop” and browse a property’s amenities, and imagine themselves living there. Paying attention to the exterior of a property is one of the most important roles of th [...]

FAQ About HOA Boards and HI Condo Law

Questions about Condominium HOAs and condo law are common. We've gathered some of the most frequently asked questions regarding HOA board and the laws governing them. The Hawaii Department of Commerce and Consumer Affairs (DCCA), Real Estate Commission (REC) administers certain parts of the Condominium Property Acts, including Chapters 514A and 514B. The REC also has limited authority over condominium association of units of owners (AOUOs) governed by HRS, chapter 514B. A Home Owners Association [...]

Learning About HOA Oversight

With several bills moving through the Hawaii State Legislature that could affect HOAs, HOA boards and their members are wise to understand which entities oversees HOAs, and the general authority HOAs have. HOA Oversight The oversight of numerous planned communities in Hawaii falls under the purview of homeowners associations (HOAs). Regulations at the local, state, and federal levels, along with governing documents, are in place to govern HOAs in Hawaii. Authority Over HOAs in Hawaii Hawaii Plan [...]

HOA New Year’s Resolutions to Make Better Communities

As we wrap up 2023, the arrival of a new year signals the perfect time for homeowners’ associations to set some resolutions aimed at enhancing community living. Let's explore some practical and achievable New Year's resolutions for HOA boards. 1. Revise and Update Community Rules A community's governing documents, like its bylaws and CC&Rs, are the backbone of its regulations. It's common for these documents to become outdated over time, potentially causing unintended violations. As part of [...]

Holiday Party Liability Considerations for Associations

December, and sometimes January, is filled with holiday parties. It’s a great time for your community to get together, recognize the hard work of staff and volunteers, and socialize. We’ve culled a few tips from experts on holiday events for homeowners associations, so there is joy and not heartache in your celebration. From traditional holiday parties to those done in association with a winter board meeting, best practices suggest gatherings not be focused on religious beliefs in order to be [...]

Understanding Elevated HOA Fees in Hawaii

Hawaii's elevated cost of living is a well-known fact, significantly surpassing the national average. As a result, those relocating to the islands often find themselves compelled to implement strategic lifestyle adjustments to counterbalance this steep rise in expenses. One of the prominent contributing factors to this augmented cost is the considerably higher Homeowners Association (HOA) fees prevalent in Hawaii, which are more than double the national average. For individuals contemplating the [...]

Do You Have a Right to Protect Your View?

Imagine you have been enjoying your beautiful Maui condo for years, then you notice a palm tree creeping into your ocean view. You may think that there is a simple fix to restore the view- which was an important part of choosing this particular condo. However, most homeowners will find that they don’t have a right to their view, and little recourse. As legal website, Nolo, points out, unless specifics about views are protected in writing by ordinance, association documents or subdivision rules, [...]

A Guide to Reserve Study Standards

The Community Association Institute released updated reserve study standards addressing maintenance, building inspections, and long-life components. These updates are critical for reserve study providers to incorporate into their regular practice and provide an excellent tool for board members and managers to better understand what they should be prepared to discuss during their next reserve study. You can find a printable copy HERE, or refer to the guide text below: Scope and Intent of Reserve [...]

2023 Legislative Session Recap

The Hawaii Legislative session opened on January 18th with nearly four dozen condominium related bills submitted for discussion and debate. Here is the close-of-session status of the bills we followed since the last newsletter. All of the bills we having been tracking, of interest to HOAs, were signed into law. Act 199 Passed Authorizes a condominium association to provide a summary of the required information in its budget. Authorizes a condominium association's reserve study to forecast a loan [...]

HOA Guidelines for Blissful Barbequing

We enjoy beautiful weather year-round in Hawaii, yet summer always seems more synonymous with barbequing. In an HOA, having a few BBQ guidelines could mean the difference between summer fun or disaster. Experts suggest that if you've got a grill or several in shared areas that owners can use, you should post some rules to ensure safety. Since "grilling season" is upon us, now is a great time to review, or if you don’t have rules, incorporate them into those areas where you have grills located. I [...]

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