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 Planned Community Associations, as outlined in Hawaii Revised Statutes § 421J-1 through 421J-16, regulate HOAs in the state. This legislation specifically applies to residential developments managed by member-run common areas, excluding condominiums, cooperative housing corporations, and non-residential developments. Condominiums, on the other hand, are governed by the Hawaii Condominium Property Act.

HOAs also establish their own internal regulations, with common governing documents including Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules, although specifics may vary.

Additionally, HOAs in Hawaii may be subject to relevant federal laws such as:

  • The Americans with Disabilities Act of 1990
  • The Fair Housing Act
  • Code of Federal Regulations

At the state level, HOAs may be governed by laws including:

  • Hawaii Planned Community Associations
  • Hawaii Condominium Property Act
  • Hawaii Nonprofit Corporations Act
  • Hawaii Discrimination In Real Property Transactions

Locating HOA Regulations in Hawaii HOA governing documents are considered public records in Hawaii, accessible through the county recorder’s office. Homeowners can visit this office to obtain documents like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. The homeowner can identify the specific HOA by searching under the subdivision or community name.

A website maintained by the Hawaii Bureau of Conveyances https://dlnr.hawaii.gov/boc/also provides residents access to these records and reports.

HOA Authority in Hawaii

In Hawaii, an HOA possesses the authority to:

  • Adopt and modify bylaws, rules, and regulations
  • Maintain common elements within the community
  • Implement additional improvements on common elements
  • Impose liens on properties to collect overdue bills

Furthermore, HOA governing documents can confer additional powers, including the ability to grant or impose restrictions on memberships, alter various aspects of common areas, and establish parking requirements.