Hawaii's Condominium Property Act (HRS § 514B) governs the state's predominantly condominium-based community living. With Hawaii's unique geography, two issues dominate HOA law: reserve funding (required by statute) and hurricane/flood insurance (essential given the state's natural disaster exposure). This guide covers both for 2026.
The Hawaii Condominium Property Act: Scope
HRS § 514B applies to all condominiums in Hawaii. Planned community HOAs (single-family subdivisions) are governed separately under HRS § 421J (the Planned Community Associations Act). Both statutes require reserve studies and impose similar governance obligations, but § 514B is more detailed and applies to the majority of Hawaii communities.
Reserve Study: Mandatory Every 5 Years
Hawaii HRS § 514B-148 requires every condominium association to conduct a reserve study at least every 5 years and to include the results in the annual budget disclosure. The study must estimate the remaining useful life and replacement cost of all major common elements. Critically, Hawaii does not allow associations to waive reserve funding without a member vote, and even then, any waiver must be documented in the meeting minutes.
Hurricane Insurance: A Hawaii-Specific Obligation
Unlike mainland states, Hawaii HOAs face mandatory hurricane and wind storm insurance requirements. HRS § 514B-143 requires condominium associations to obtain property insurance covering all insurable common elements, including coverage for wind damage. Given Hawaii's frequent exposure to hurricanes and tropical storms, insurance premiums are a major budget line item — often the single largest expense after reserves.
Annual Budget Disclosure Requirements
Hawaii requires associations to distribute the annual budget to all owners at least 30 days before the start of the fiscal year. The budget must separately disclose: operating expenses, reserve contributions, the current reserve balance, and the reserve study funding percentage. Owners must also receive a copy of the reserve study summary. This level of disclosure transparency is among the highest in the US.
Board Meeting and Record Requirements
Hawaii HOA boards must give at least 48 hours advance notice for board meetings and 15 days for annual meetings. All board meetings must be open to owners unless the board enters executive session. Minutes must be made available to owners within 30 days of the meeting. Hawaii also requires associations to maintain a complete set of records for at least 5 years.
Resale Disclosure in Hawaii
Sellers in Hawaii condominiums must provide buyers with a disclosure statement (HRS § 514B-155) that includes: the current budget, reserve study, financial statements, pending special assessments, and any pending litigation against the association. Buyers have a right of rescission period after receiving the disclosure package.
Disclaimer: Hawaii HOA law distinguishes between condominiums (HRS § 514B) and planned communities (HRS § 421J). This guide focuses primarily on condominiums. Consult a Hawaii-licensed attorney for advice specific to your association type.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →