condo law

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 [...]

2018 Legislative Session Update

The Hawaii Department of Commerce and Consumer Affairs Real Estate Division provided a summary of the 2018 legislative session condominium bills that were enacted into law. Please consult with legal professionals regarding these new laws. The following descriptions are meant to provide only general information. House Bills: Act 195, SLH 2018 modified the foreclosure process for associations where there is an agreed upon payment plan. Act 195 also prohibits associations from deducting late fees [...]