HOA Rules and Regs

New SMA and Shoreline Rules for Maui County

After over a decade of collaboration between the community and the county, Maui County’s Planning Commission approved updates to the Special Management Area (SMA) and Shoreline Rules. The updates were approved by the Commission in an 8-0 vote on March 28. When adopted, the rules will bring more balance and flexibility for homeowners, while also improving coastal resilience for the environment. Maui County originally established SMA and Shoreline Rules in the early 1970s to create shoreline build [...]

HOA Related Bills Introduced in 2023 Legislature

When Hawaii's legislative session opened on January 18th , there were nearly four dozen bills related to condominium and homeowner associations submitted for discussion and debate. Bills that successfully made it past multiple committees and chamber crossover and are still active as of this writing include: Fire safety equipment in condominium reserves This bill, among other things, requires and association budget to include: “The estimated costs of fire safety equipment or installations that me [...]

HOA Board Cautions: Better Safe than Sued

Voluntary board members aim to enhance their HOA community's living standards, which is admirable. But the association may also at times take on tough issues involving  sensitive information or controversial subject matter. On occasion, this could put associations, and even directors, in the line of fire for litigation. Directors should possess knowledge regarding actions that may involve legal consequences affecting the organization. Here is a list of top dos and don'ts intended to help board m [...]

Should an HOA Board Ever Bend the Rules?

An association has rules to preserve the overall appearance of the community, to protect the value of common property and owners’ homes, and to make the neighborhood a great place to live. However, there are rare cases when the association may receive a request to waive some regulations and rules. The board doesn’t make such decisions without careful thought first. Upholding the rules and being flexible when issues arise is like walking a tightrope and can become a slippery slope. Board members [...]

Steps to Resolving Disputes in an HOA

While living in a homeowners association ideally would be problem free, conflict unfortunately occurs from time to time. There are several steps that owners and boards may take in resolving conflicts. Talk to the Board/Owner A conversation between the parties in a conflict may help resolve problems. Rather than letting potential misunderstandings, or differing expectations of rights and responsibilities fester, continuing to openly discuss the issues may resolve the problems. Many conflicts in c [...]

How To Run an HOA Community with Great Success

Unquestionably, running an HOA community is difficult and challenging. But by building a solid foundation you can achieve great success. Here are some helpful ideas on how to run an HOA well. A Successful HOA So, how do you build a well-rounded, successful HOA? There are many possible answers. Much will depend on the type of community association you have, your assets including the facility, and your homeowners, to name a few things. There are, however, several common traits or characteristics t [...]

Top Trends for HOAs in 2023

Whew! The last few years have been bumpy for homeowners, including those in HOAs. We’ve all felt the impact of record inflation. Sky-high real estate prices benefited some and stung others, while lack of inventory kept many homeowners in place. HOAs have faced rising insurance and well as other costs, while sea level rise and climate change trends are not far from our thoughts. There are a few things that will impact HOAs significantly in 2023, but not all of them are bad. Here is a rundown of t [...]

The Reality of Serving on an HOA Board

Serving on an HOA board is an eye-opening experience. Whether you’ve never been a member of an HOA board or previously served on one for a few years, you will gain a new perspective when joining an HOA board. You may be surprised at the work it takes to maintain an association. Previously, you may have been content to pay your dues and let others take care of everything else, or may have had a negative view of board decisions and HOAs in general. However, living in an association and becoming in [...]

More Legislation in 2022 Affecting HOAs

Last month we reviewed Legislative bills that amended Chapter 514B specific to condominium regimes. There are a few other legislative actions that did not directly affect Chapter 514B, but they will nonetheless influence the governance decisions and life in a condominium association. The following information was summarized by the Hawaii Chapter of the Condominium Association Institute. The legislature considered climate and energy conservation measures that will impact condo associations. As th [...]

Our Concern for Your Data Privacy

A question comes up from an owner about once a quarter: Why didn’t I get your newsletter? That’s an excellent question, because we want all members of the HOAs we serve to get this information. The answer has to do with not sending unsolicited email under data privacy laws, and aligning current policies with more stringent regulations that are coming soon (and many states have already been adopted). Your association collects owner names, addresses, emails and phone numbers for efficient communic [...]

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