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Fiduciary Duty of a Board of Directors

Board members of a condominium or homeowner’s association have fiduciary duty to act in a way that will benefit all members of the association. The Hawaii Department of Commerce and Consumer Affairs has a document available to associations, “Condominium property Regimes: Owner Rights and Responsibilities.” Following is an excerpt of the document, which is a good starting point for association boards and their members to understand their responsibilities under the law. Board of Directors The as [...]

Keeping Adequate HOA Reserves

It’s hard for some homeowners to understand why dues are collected, or even increased, when an HOA already has funds held in reserve. However, reserves must be adequate, and a vote not to reserve is likely a vote for a special assessment in the future. An association must protect its common elements through the proper funding of association reserves. Pre-planning can save money, relieve stress and save time. Adequate reserves help keep a property well maintained, and adds to the safety and sec [...]

What’s Growing On at Mahi Pono

The tide is turning on the “wait and see” attitude many had toward Maui’s newest major agricultural land owner, Mahi Pono. The company bought 41,000 acres of central Maui land from Alexander & Baldwin in December for $262 million after the longtime sugar grower decided in 2016 to get out of the agriculture business and focus on commercial real estate. Now Mahi Pono is following through on community farm plans, revealed its first farm plan to grow fruits and vegetables, and broke ground thi [...]

2019 Legislative Session Update

The Department of Commerce and Consumer Affairs Real Estate Division has provided on update on the 2019 legislative session. Enacted into law were several condominium bills. Provided is a summary of a few relative acts, but please consult with legal professionals regarding these new laws. House Bill: Act 192, SLH 2019 clarifies the order in which excess amounts in payments over maintenance fees can be applied to any additional fees, fines, interest, or amounts an owner may owe. Senate Bills: A [...]

A & B Reinvests Maui Ag Land Proceeds in Hawaii

Alexander and Baldwin, Inc. is turning from agriculture to grocery-anchored shopping centers. After the sale of 41,000 acres of mostly sugarcane farmland on Maui to Mahi Pono in 2018, A & B has made a series of commercial investments. The new acquisitions include: $66.5 million for three Class-A warehouse buildings in Kapolei; $42 million for a ground lease under the Home Depot store in Iwilei, Oahu; $41 million for an industrial ground lease in Kapolei; $17.75 million for Waipouli Town Ce [...]

6 Tips to Stay Cool and Save Energy

That few extra degrees of warmth that summer brings to Maui makes a difference. Not only is staying cool a challenge, but water and energy bills can spike. Here is the best advice from our property management pros to not only beat the heat, but also save on water and electric costs. Save energy while saving water This summer we’ve already seen one drought alert on the island. Here are a few ways to save water, and at the same time save on your electric bill. Repair any dripping faucets promptl [...]

Hawaii’s Employment Dilemma

Hawaii’s economy may be in a good place, according to Carl Bonham, director of the University of Hawaii Economic Research Organization (UHERO). However, any employer looking to fill open positions will tell you it is tough to find workers. Maui is not alone in suffering from lack of workforce. Low unemployment is affecting all counties in Hawaii. Maui’s low point came at the end of 2017 when the unemployment was 2.2 percent. It has now risen to 3.1 percent according to UHERO data. That figure [...]

6 Community Reminders For a Fun & Safe Summer

June officially starts the summer season on Maui. School’s out and there are more families on the island. That means it’s a good time to send out reminders to residents on community rules and procedures. We know it can be hard to think of everything, so use the list below to start sharing reminders on your digital bulletin and monthly newsletters to help avoid violations and keep residents happy and safe. Traffic and Walking Paths With school out and more kids around, an extra reminder to resi [...]

$340M Rental Car Facility Opens on Maui

Rental car access is getting set to roll into the future at Kahului airport, thanks in part to the new $340 million "Conrac" facility, scheduled to open May 15. The Hawai`i Department of Transportation announced the completion of the environmentally friendly Consolidated Rent-A-Car (Conrac) facility at Kahului Airport.  Conrac will house the major rent-a-car companies in one convenient location on airport property. “The people of Hawaii can be proud of this project as it is good for Mother Ear [...]

A Contentious Wailuku Development Plan

Debate over increasing parking in Wailuku has gone on since 1962, according to County records. Towards the end of Maui’s post-war decades, the island economy was shifting from sugar and pineapple to a new and promising crop; visitors. The “Dream City” developments in Central Maui, stretching into emerging neighborhoods in Wailuku, would create the largest property tax base for the next generation. Central Maui was thriving. As tourism grew, West and South Maui took the lead in supporting the t [...]