Learning Center

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 [...]

Are Your Association Pool Rules FHA Compliant?

Maui County experienced a record-breaking heat wave this past summer, making community pools more popular than ever. An increase in activity may prompt associations to consider new pool rules. But tread carefully- associations often violate the Fair Housing Act by adopting well-intentioned, or what might be considered “common sense” rules for pools and other property amenities. A better understanding of the Fair Housing Act will help associations understand where they have gone astray, and hopef [...]

Create Bonds Between Your HOA and Residents

Fall is a great time of year to focus on our interpersonal relationships. Call it a warm-up to the holidays. During the summer travel season, homeowners can develop a sense of disconnect within their neighborhoods and miss the value their HOA provides. Ultimately, this may cause grumbling about paying dues or other association related things. If that is happening in your community, it could be because your HOA is missing the boat on sharing what is really important–people connections. The goal o [...]

Top 5 Reserve Study Misconceptions

A professionally prepared reserve study is a guide for associations towards having sufficient funds for major common area repairs and replacement projects in the future. However, somewhere in between completion of the plan and implementation, a host of misconceptions can take hold, resulting in costly errors. Read on to identify the five most common errors to avoid. 1) Contributing 50% of the recommended amount to the reserve fund –Cutting reserve contributions will leave your association short [...]

What is a Condominium and What Can Be Condo-ed?

A condominium is simply a form of ownership that divides a property into areas that are exclusive to one or a number of owners, with a community organization to oversee the entire property. The type and size of what can be a condominium are not subject to any state limits. However, all county zoning, ordinances, regulations, permits, and rules must be followed by the owners and developers in how they develop or use the property. Single family homes, residential skyscrapers, agricultural pasturel [...]

How HOA Communities Can Conserve Water

While we want to be as environmentally responsible as possible, saving water should be a prominent issue for associations and its owners. Some areas are already facing water restrictions. Conserving water also keeps assessments manageable. Here’s how you can do your part for both reasons: Appliances such as washing machines and dishwashers consume the most water indoors, so let’s begin there in our conservation efforts. Match the water level on your washing machine to the size of your load. Avoi [...]

New to a Homeowners Association? Welcome!

If you are like most new home or condo buyers, you were given a large stack of association documents that you filed away and forgot about. But it is in your best interest to review all of the association documents and familiarize yourself with the contents as you must follow the rules as a member of the association. Most people, as first-time members of an association, don’t have a clue about what the rules and restrictions are or even how a community association functions. Think about your asso [...]

2022 Condo Legislation

There a was one condominium bill enacted into law in the 2022 legislative session. While not intended as legal advice, we are providing a summary from the Hawaii Department of Commerce and Consumer Affairs on the House Bill. Act 62, SLH 2022 This legislation amends many parts of existing condominium law, effective January 1,2023. Governance changes require that a petition to amend a bylaw shall be dated in addition to being signed and that the petition to amend the bylaws is only valid if submit [...]

Make Sure Gutters are Storm-Ready

With our changing climate, we can expect more frequent storms with heavier rain, even in sunny Maui. But preparing your property for heavy rain does not mean pouring a lot of money down the drain. Some easy maintenance should keep you, well, as right as rain. Frequently overlooked, rain gutters, drains, and downspouts are the primary channels for rainwater to drain away from your building properly and are a critical element of your building’s roofing system. Rain gutters are designed to prevent [...]

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