Haw. Rev. Stat. § 514B-1
Short title
This chapter may be cited as the Condominium Property Act.
Hawaii Revised Statutes Chapter 514B — Condominiums
Hawaii · statute · Haw. Rev. Stat. ch. 514B · 133 active provisions
Haw. Rev. Stat. § 514B-2
Applicability
Applicability of this chapter is governed by part II.
Haw. Rev. Stat. § 514B-3
Definitions
As used in this chapter and in the declaration and bylaws, unless specifically provided otherwise or required by the context: "Affiliate of a developer" means a person that directly or indirectly controls, is controlled by, or is under common control with, the developer. "Association" means the unit owners' association…
Haw. Rev. Stat. § 514B-4
Separate titles and taxation
(a) Each unit that has been created, together with its appurtenant interest in the common elements, constitutes, for all purposes, a separate parcel of real estate. (b) If there is any unit owner other than a developer, each unit shall be separately taxed and assessed, and no separate tax or assessment shall be rendere…
Haw. Rev. Stat. § 514B-5
Conformance with county land use laws
Any condominium property regime established under this chapter shall conform to the existing underlying county zoning for the property and all applicable county permitting requirements adopted by the county in which the property is located, including any supplemental rules adopted by the county, pursuant to section 514…
Haw. Rev. Stat. § 514B-6
Supplemental county rules governing a condominium property regime
No later than July 1, 2022, the counties shall adopt supplemental rules governing condominium property regimes, including agricultural lands that are held in condominium property regimes, established under this chapter in order to implement this program; provided that any of the supplemental rules adopted shall not con…
Haw. Rev. Stat. § 514B-7
Construction against implicit repeal
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
Haw. Rev. Stat. § 514B-8
Severability
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severab…
Haw. Rev. Stat. § 514B-9
Obligation of good faith
Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
Haw. Rev. Stat. § 514B-10
Remedies to be liberally administered
(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Punitive damages may not be awarded, however, except as specifically provided in this chapter or by other rule of law. (b) Any deed, decla…
Haw. Rev. Stat. § 514B-21
Applicability
(a) This chapter applies to all condominiums created within this State; provided that such application shall not invalidate existing provisions of the declaration, bylaws, condominium map, or other constituent documents of those condominiums if to do so would invalidate the reserved rights of a developer. Amendments to…
Haw. Rev. Stat. § 514B-23
Amendments to governing instruments
(a) The declaration, bylaws, condominium map, or other constituent documents of any condominium created before July 1, 2006 may be amended to achieve any result permitted by this chapter, regardless of what applicable law provided before July 1, 2006. (b) An amendment to the declaration, bylaws, condominium map or othe…
Haw. Rev. Stat. § 514B-31
Creation
(a) To create a condominium property regime, all of the owners of the fee simple interest in land shall execute and record a declaration submitting the land to the condominium property regime. Upon recordation of the master deed together with a declaration, the condominium property regime shall be deemed created. (b) T…
Haw. Rev. Stat. § 514B-32
Contents of declaration
(a) A declaration shall describe or include the following: (1) The land submitted to the condominium property regime; (2) The number of the condominium map filed concurrently with the declaration; (3) The number of units in the condominium property regime; (4) The unit number of each unit and common interest appurtenan…
Haw. Rev. Stat. § 514B-33
Condominium map
(a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following: (1) A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property…
Haw. Rev. Stat. § 514B-34
Condominium map; certification of architect, engineer, or surveyor
(a) The condominium map shall bear the statement of a licensed architect, engineer, or surveyor certifying that the condominium map is consistent with the plans of the condominium's building or buildings filed or to be filed with the government official having jurisdiction over the issuance of permits for the construct…
Haw. Rev. Stat. § 514B-35
Unit boundaries
Except as provided by the declaration: (1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the uni…
Haw. Rev. Stat. § 514B-36
Leasehold units
An undivided interest in the land that is subject to a condominium property regime equal to a unit's common interest may be leased to the unit owner, and the unit and its common interest in the common elements exclusive of the land may be conveyed to the unit owner. The conveyance of the unit with an accompanying lease…
Haw. Rev. Stat. § 514B-37
Common interest
Each unit shall have the common interest it is assigned in the declaration. Except as provided in sections 514B‑32(a)(12), 514B‑46, and 514B‑140(d) and except as provided in the declaration, a unit's common interest shall be permanent and remain undivided, and may not be altered or partitioned without the consent of th…
Haw. Rev. Stat. § 514B-38
Common elements
Each unit owner may use the common elements in accordance with the purposes permitted under the declaration, subject to: (1) The rights of other unit owners to use the common elements; (2) Any owner's exclusive right to use of the limited common elements as provided in the declaration; (3) The right of the owners to am…
Haw. Rev. Stat. § 514B-39
Limited common elements
If the declaration designates any portion of the common elements as limited common elements, those limited common elements shall be subject to the exclusive use of the owner or owners of the unit or units to which they are appurtenant, subject to the provisions of the declaration and bylaws. No amendment of the declara…
Haw. Rev. Stat. § 514B-40
Transfer of limited common elements
Except as provided in the declaration, any unit owner may transfer or exchange a limited common element that is assigned to the owner's unit to another unit. Any transfer shall be executed and recorded as an amendment to the declaration. The amendment need only be executed by the owner of the unit whose limited common…
Haw. Rev. Stat. § 514B-41
Common profits and expenses
(a) The common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners, including the developer, in proportion to the common interest appurtenant to their respective units, except as otherwise provided in the declaration or bylaws. In a mixed-use project containi…
Haw. Rev. Stat. § 514B-42
Metering of utilities
(a) Units in a project that includes units designated for both residential and nonresidential use shall have separate meters, or calculations shall be made, or both, as may be practicable, to determine the use by the nonresidential units of utilities, including electricity, water, gas, fuel, oil, sewerage, air conditio…
Haw. Rev. Stat. § 514B-43
Liens against units
(a) For purposes of this section: "Lien" means a lien created pursuant to chapter 507, part II. "Visible commencement of operations" shall have the meaning it has in section 507‑41. (b) If visible commencement of operations occurs prior to the creation of the condominium, then, upon creation of the condominium, liens a…
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