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Opinion Letter No. 94-05
April 26, 1994
Kapolei Association Not an Agency
The Villages of Kapolei Association, a non-profit
corporation, is not an agency subject to the UIPA.
While a state agency created the Association, and elected its initial
board of directors, the
Association’s Board is now elected by members of the Association
who own property in the Villages
of Kapolei. Further, the operations of the Association are subsidized
by the payment of maintenance
assessments by property owners. Additionally, the purpose of the
Association is to provide for
management, maintenance, and care of property owned in common by
all property owners who are
members of the Association. As such, like other condominium of homeowners’
associations, the OIP
found that the Association does not perform a government function.
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