Hawaii HOA Laws: What Homeowners Need to Know in 2026
Hawaii splits association law in two. Condominiums answer to HRS chapter 514B, the condominium act; subdivisions and townhome communities that aren’t condos answer to HRS chapter 421J, which covers every planned community association that existed on June 16, 1997 or formed later. Under both, a lien made up only of fines, penalties, legal fees or late fees has to be foreclosed in court.
deed-says-decides-it">Chapter 421J or chapter 514B: what your deed says decides it
Section 421J-1 applies the planned community chapter to “all planned community associations existing as of June 16, 1997 and all planned community associations created thereafter.” Its definitions in § 421J-2 exclude condominiums, cooperative housing corporations and time share plans from “planned community,” and count a homeowners’ association with ten or more voting parcel owners whose unpaid assessments can become a lien on the parcel.
Section 514B-21 applies the condo act “to all condominiums created within this State,” and its amendments reach every condominium “regardless of when the amendment is adopted.” A condo whose units are all nonresidential, or one with five or fewer units and no continuing development rights, can opt out of the management part (Part VI) in its declaration or bylaws, though § 514B-132 on managing agents still applies (§ 514B-101). Cooperatives fall under chapter 421I.
Oversight differs as well. The Real Estate Commission registers condominium associations, but its FAQ says it has “no authority or jurisdiction over homeowners associations/planned community associations or cooperatives” and that “there is no state government agency with jurisdiction, oversight or responsibility of either chapter.”
Planned communities: the § 421J-10.5 lien
Unpaid assessments become a lien on the unit automatically. Its rank against other liens comes from the association documents or, if they say nothing, from recording dates, and no later amendment can push it ahead of a mortgage recorded before the amendment. A recorded lien expires six years after recording unless enforcement starts first, and suit on any assessment must begin within six years after it came due (bankruptcy tolls that clock until 30 days after the stay lifts).
The association may foreclose by lawsuit or through the nonjudicial procedure in chapter 667, except that a lien arising solely from fines, penalties, legal fees or late fees must be foreclosed in court under part IA of chapter 667. Where the owner lives in the unit, it may instead, after 60 days’ written notice, cut off access to the common areas and association-paid services, but only under a written policy the owners have approved, unless the association documents already permit the process.
After a foreclosure sale, the board may specially assess the buyer for unpaid regular periodic assessments from the six months before completion. A buyer who held a mortgage not subordinate to the association’s lien is exempt; whoever buys the unit from that lender is liable instead.
Condominiums: §§ 514B-146 and 514B-146.5
The condo lien outranks everything except real property taxes and mortgages recorded before the association recorded its notice of lien. The same six-year limits apply. Nonjudicial foreclosure is barred for a lien arising solely from fines, penalties, legal fees or late fees; for a unit owned by someone on active-duty deployment outside Hawaii, unless the lien has been outstanding a year or more; and while the sale is stayed under § 667-92(c) (§ 514B-146.5(c)). Any notice of default must tell you that you can demand mediation within 30 days of service. If you do, the association must mediate before selling, though it may go ahead if mediation isn’t finished within 60 days.
Whoever buys at the foreclosure sale, a lender included, can be specially assessed for unpaid regular monthly common assessments from the six months before completion (§ 514B-146(j), (k)). That figure excludes special assessments other than budget-wide ones, late charges, fines, penalties, interest, liens arising from the assessment, and collection costs including attorneys’ fees.
Pay first, argue second
Neither chapter lets you hold back dues while you dispute them (the planned community rule excepts only the situation in § 667-92(c)). In a planned community, § 421J-10.5 lets an owner who pays in full go to court, including small claims, or demand mediation under § 421J-13. Condo owners get a written breakdown on request (§ 514B-146(c)); once common expenses are paid, they can go to small claims, mediation or arbitration. To contest fines, late fees or legal fees before paying, they must demand mediation within 30 days of the follow-up statement described in § 514B-146(d), and collection of those charges waits up to 60 days for it (§ 514B-146(g)).
Condo boards: 72-hour notices and 30-day document requests
Condo board meetings are open to owners except executive sessions on personnel, litigation, attorney-client matters and contract negotiations, and notice is posted 72 hours ahead or when the board itself is notified (§ 514B-125). Records listed in § 514B-154.5 must be provided within 30 days of a written request, copies can cost no more than $1 a page for standard sizes, and approved board minutes are either open for free examination or sent within 15 days of a request. Under § 514B-154.2, added by Act 161 of 2025, an owner or agent who asks gets an electronic copy of the declaration, bylaws, CC&Rs and house rules at no cost. Fines must follow the bylaws or a board resolution that allows an appeal with notice and a hearing (§ 514B-104(a)(11)).
On reserves, § 514B-148 requires assessments that fund at least 50 percent of the reserve study’s estimated replacement reserves, or 100 percent under a cash-flow plan; a new association can wait until the fiscal year after its first annual meeting. A study not prepared by an independent preparer must be reviewed by one at least every three years; since Act 100 of 2026, an association of fewer than twenty units in buildings of no more than two stories may waive that review by the vote of a majority of the unit owners present or represented at a duly noticed association meeting, for a single three-year period, but not for two consecutive periods. Outside emergencies, the board can’t exceed its operating budget by more than 20 percent without majority owner approval.
What planned community boards owe owners
Board meetings are open except executive sessions on personnel, litigation or attorney-client matters, and the board meets at least once a year (§ 421J-5). A regular assessment increase needs at least 30 days’ written notice (§ 421J-9). Section 421J-17 bars an association from prohibiting or unreasonably restricting personal agriculture in an owner’s enclosed exclusive-use yard, as long as the existing master landscape plan and other restrictive covenants aren’t violated; reasonable restrictions and weed-clearing rules remain allowed.
Under § 421J-13 any party can require mediation of a dispute over the chapter or the association documents. It isn’t mandatory for actions for equitable relief over threatened property damage or health and safety, assessment collection, personal injury, or claims over $2,500 if mediating would forfeit the association’s insurance defense. After two months, further mediation needs both sides’ agreement.
Hawaii owners’ questions
My Ewa townhouse has a board and dues. Which chapter applies?
Check the recorded declaration. If it created a condominium property regime, chapter 514B governs; if it’s a planned community declaration, chapter 421J does.
Can my association sell my home over unpaid fines?
Not outside court. Both chapters bar nonjudicial foreclosure of a lien arising solely from fines, penalties, legal fees or late fees.
Who takes complaints about a planned community board?
No state agency, according to the Real Estate Commission. Your tools are § 421J-13 mediation and the courts. Under § 421J-10(b) an owner who wins an action to enforce the documents or the chapter recovers reasonable attorneys’ fees; an owner who loses pays the association’s, unless the case was in small claims or the owner tried § 421J-13 mediation first in good faith.
As a buyer, am I on the hook for the seller’s unpaid dues?
In a planned community, yes, jointly with the seller (§ 421J-10.5(a)). With the board’s statement of unpaid assessments in hand, you owe no more than it shows, apart from checks it lists as received in the prior 30 days that later bounce. Ask for that statement before closing, and budget the rest with our Hawaii closing cost breakdown and Hawaii insurance notes. Sellers can start from our HOA selling checklist; terms are in the glossary, and more island guides sit on the Hawaii page.