HOA Rules and Regs

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 [...]

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 [...]

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 [...]

HOA Guidance on Assistance Animals

There is a distinct difference between a dog that is a pet or companion, and a service dog. The Community Association Institute offers this updated information for accomodating service animals in housing, with guides for HOA boards and owners. "Assistance animals play an important role in the lives of people with disabilities. The federal Fair Housing Act (FHA), the Americans with Disabilities Act, as well as state and local laws govern assistance animals in community associations. Assistance an [...]

Protect Your Home, Yourself, and Your Property

You may feel some assurance living near neighbors or in a housing development or condominium complex. Your neighbors look out for each other, keeping an eye on one another so you feel “safe.” But make no mistake- you ultimately are responsible for your own safety. While we can often depend on each other for help, we still must take our own measures to protect what is important to us – our families and our property. If your association has a security force, remember they should keep an eye out fo [...]

Understanding Different Types of Condo Insurance and Claims

Insurance claims have been growing. One common issue that arises is who is responsible- the association or the owner- when damage occurs. Whether the association’s master policy, or a unit owner’s HO6 policy will be covering the damage can be answered in the Condominium Association’s Governing Documents, Declarations or Bylaws. These are the documents that define what the association or owner is responsible for. Generally speaking, condominium declarations or bylaws usually take the position tha [...]

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