Does HRS 514A or 514B Apply to My Condominium Association?

Most condominium governance disputes fall under HRS Chapter 514B.  Certain sections of HRS Chapter 514B apply automatically to all condominium associations, subject to certain conditions, regardless of whether the condominium was developed prior to the implementation of HRS Chapter 514B on July 1, 2006.  Therefore, while you may live in a condominium association that was created under HRS Chapter 514A, HRS Chapter 514B will govern any disputes.  These automatically-applying provisions are: HRS §§ 514B-3 (to the extent definitions are necessary in construing any of the following provisions), -4, -5, -35, -41(c), -46, -72 and the whole of HRS, Chapter 514B, Part VI (Management of Condominiums).  These sections apply only to events and circumstances occurring on or after July 1, 2006, which do not invalidate existing provisions of the condominium project documents if doing so would invalidate any reserved rights of the developer or constitute an unreasonable impairment of contract.

For a link to HRS Chapter 514B, go to www.hawaii.gov/hirec.  At the main page, click on to the “HRS” link at the top of the page, and then click on to “HRS Chapter 514B – Condominiums”.