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2024 Hawaii Legislative Recap

A series of bills that lawmakers say will benefit condominium owners, associations, and residents in Hawaii were signed into law in May. Governor Josh Green and state legislators say the measures take a “significant step toward addressing the housing challenges in Hawaii”, by streamlining processes, enhancing management practices, and increasing accessibility to clean energy programs for condominium communities. However, not all measures are without controversy. Signed legislation includes: Cond [...]

9 Common Legal Issues HOAs Face and How to Handle Them

Homeowners' associations (HOAs), like any organization, can face legal challenges. These often come from the community members themselves. It’s crucial for HOAs to understand the typical lawsuits they might face to be better prepared. Here are the most common legal issues HOAs deal with: Misuse of Funds HOAs manage money for community expenses. Unfortunately, this sometimes leads to theft or fraud. Board members might misuse funds, paying for personal items or exclusive dinners. This can lead ho [...]

HOAs Look at Regulating Marijuana

The use of marijuana has become a hot topic in homeowner associations (HOAs). While it's still illegal under federal law, in Hawaii, it's only approved for licensed medicinal use. If someone is caught possessing, using, or selling marijuana without a license, they can incur stiff penalties, including jail time. However, with many states legalizing marijuana, HOAs are now dealing with new challenges. Even with medical marijuana, HOAs are questioning if they can regulate its use. Reasons for Regul [...]

Can a Condominium Association Require Gun Registration?

Possession of firearms can be a touchy subject, especially when community members live in close proximity in an HOA community. The following article is a summary of a legal framework at one point in time (subject to change) around a sensitive issue. It is not intended as a substitute for legal advice. Please consult your own HOA attorney for further information. There was a highly publicized case, on June 23, 2022, where the U.S. Supreme Court ruled in the case of New York State Rifle & Pist [...]

HOAs: Prepare for a Fun and Safe Summer

Summer is a prime season for fun and exploration, making it a lively time for your neighborhood. Residents and their guests will be keen to enjoy everything the community offers, but they might also be more likely to bend the rules. Your homeowners association (HOA) needs to be prepared. Balancing fun with rule enforcement can be challenging, but with effective property maintenance practices and clear communication, harmony is achievable. Hosting community activities and events can actually boos [...]

HOAs: Don’t Miss Condorama XII!

The Hawaii Real Estate Commission will host Condorama XII, a free educational Webinar, presented by CAI Hawaii on Saturday, June 1, 2024, from 9:00 AM to 11:00 AM. See the attached flyer for more information and forward the information to others who may be interested in the event. Please visit the Condorama main page for further information and materials. Click here to register to attend. Ayres Christ, a CAI certified reserve specialist, will be discussing the impact of the Lahaina wildfires on [...]

No STR Moratorium for Maui Disaster Victim Housing

Governor Green announced on March 27, 2024, he is not going to pursue a moratorium on short-term rentals on Maui. He emphasized his administration is committed to working with partners across all counties to crack down on illegal listings and those engaging in deceptive acts and practices. Some complaints include landlords evicting long-term tenants illegally to rent at higher disaster supported rates. If these incidents are validated, the property would not be eligible for rent under the disast [...]

Insurance Questions Condo Owners Should Ask Their Agent

An HO6 policy, also known as condo insurance in Hawaii, is a type of homeowners insurance policy that covers condo unit owners. It can cover damage to your condo unit and belongings, liability claims, and additional living expenses if you can't stay in your residence due to a covered incident. Know the questions to ask about your condo homeowners insurance policy coverage so you don’t get left holding the bag for uncovered damages. Don’t assume something is fully covered It is important to ask y [...]

HI Legislative Update- Condominiums

The 2024 legislative session opened with over 50 condominium related bills. The following descriptions are summarizations of a few  bills that survived decking, a major filing deadline. This list is only meant to provide general information. To find updated information on these or any bills in the HI Legislature, please see this guide from the Legislative Reference Bureau. House Bills:  HB 1814 requires that the Legislative Reference Bureau conduct a wide-ranging study as to how other states man [...]

For HOAs: Financing an Emergency Response

Disaster response can be a costly endeavor.  An association will likely need to hire contractors (who are probably in high demand during a crisis) to repair damaged association property, clear private roads or remove debris.  If flooding is involved, the HOA may need to bring in specialists to quickly dry saturated HOA buildings for the purpose of mitigating damage and preventing mold contamination.  Repairs aren’t cheap, but, if they’re necessary, the HOA board will need to find the money somew [...]

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