reglab/housing_qa huggingface dataset:
HI Rev Stat § 514B-110 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-110 Bylaws amendment permitted; mixed use property; representation on board.

 §514B-110 Bylaws amendment permitted; mixed use property; representation on board. (a) The bylaws of an association may be amended to provide that the composition of the board reflect the proportionate number of units for a particular use, as set forth in the declaration. For example, an association may provide that for a nine-member board where two-thirds of the units are for residential use and one-third is for nonresidential use, sixty-six and two-thirds per cent of the nine-member board, or six members, shall be owners of residential use units and thirty-three and one-third per cent, or three members, shall be owners of nonresidential use units.  (b) Any proposed bylaw amendment to modify the composition of the board in accordance with subsection (a) may be initiated by:  (1) A majority vote of the board; or  (2) A submission of the proposed bylaw amendment to the board from a volunteer unit owners group accompanied by a petition from twenty-five per cent of the unit owners of record.  (c) Within thirty days of a decision by the board or receipt of a petition to initiate a bylaw amendment, the board shall mail a ballot with the proposed bylaw amendment to all of the unit owners of record. For purposes of this section only, the bylaws may initially be amended by a vote or written consent of the majority of the unit owners; and thereafter by at least sixty-seven per cent of all unit owners; provided that each of the requirements set forth in this section shall be embodied in the bylaws.  (d) The bylaws, as amended pursuant to this section, shall be recorded.  (e) Election of the new board in accordance with an amendment adopted pursuant to this section shall be held at the next regular meeting of the association or at a meeting called in accordance with section 514B-121(c) for this purpose.  (f) As permitted in the declaration or bylaws, the vote of a nonresidential unit owner shall be cast and counted only for the nonresidential seats available on the board and the vote of a residential unit owner shall be cast and counted only for the residential seats available on the board.  (g) No petition for a bylaw amendment pursuant to subsection (b)(2) to modify the composition of the board shall be distributed to the unit owners within one year of the distribution of a prior petition to modify the composition of the board pursuant to subsection (b)(2).  (h) This section shall not preclude the removal and replacement of any one or more members of the board pursuant to section 514B-106(f); provided that any director elected by a class of unit owners may be removed or replaced only by a vote of a majority of the common interest represented by that class. Any removal and replacement shall not affect the proportionate composition of the board as prescribed in the bylaws as amended pursuant to this section. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2017, c 71, §3; am L 2019, c 14, §3]
HI Rev Stat § 514B-111 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-111 Judicial power to excuse compliance with requirements of declaration or bylaws.

 §514B-111 Judicial power to excuse compliance with requirements of declaration or bylaws. (a) The circuit court of the judicial circuit in which a condominium is located may excuse compliance with any of the following provisions in a declaration or bylaws if it finds that the provision unreasonably interferes with the association's ability to manage the common property, administer the condominium property regime, or carry out any other function set forth in the declaration or bylaws, and that compliance is not necessary to protect the legitimate interests of the members or lenders holding security interests:  (1) A provision limiting the amount of any assessment that can be levied against individually owned property;  (2) A provision requiring that an amendment to the declaration or bylaws be approved by lenders;  (3) A provision requiring approval of at least sixty-seven per cent of the common interest to adopt an amendment pursuant to section 514B-32(a)(11) or section 514B-108(e); provided that the amendment does not:  (A) Prohibit or materially restrict the use or occupancy of, or behavior within, individually owned units;  (B) Change the basis for allocating voting rights or assessments among unit owners; or  (C) Apply to less than all of the unit owners;  (4) A requirement that an amendment to the declaration be signed by unit owners; or  (5) A quorum requirement for meetings of unit owners.  (b) The board, on behalf of the association, shall by certified mail provide all unit owners with notice of the date, time, and place of any court hearing to be held pursuant to this section. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-112 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-112 Condominium community mutual obligations.

 §514B-112 Condominium community mutual obligations. (a) All unit owners, tenants of owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to this chapter are subject to this chapter and to the declaration and bylaws of the association adopted pursuant to this chapter.  (b) All agreements, decisions, and determinations lawfully made by the association in accordance with the voting percentages established in this chapter, the declaration, or the bylaws are binding on all unit owners.  (c) Each unit owner, tenants and employees of an owner, and other persons using the property shall comply strictly with the covenants, conditions, and restrictions set forth in the declaration, the bylaws, and the house rules adopted pursuant thereto. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the managing agent, resident manager, or board on behalf of the association or, in a proper case, by an aggrieved unit owner. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-113 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-113 Medical cannabis; discrimination.

  §514B-113 Medical cannabis; discrimination. A provision in any articles of incorporation, declaration, bylaws, administrative rules, house rules, or association documents of a condominium allowing for any of the discriminatory practices listed in paragraphs (1) to (7) of section 515-3 against a person residing in a unit who has a valid certificate for the medical use of cannabis as provided in section 329-123 in any form is void, unless the documents prohibit the smoking of tobacco and the medical cannabis is used by means of smoking. Nothing herein shall be construed to diminish the obligation of a condominium association to provide reasonable accommodations for persons with disabilities pursuant to section 515-3(9). L 2015, c 242, §5; am L 2017, c 170, §2 Cross References  For similar provisions, see §421J-16.
HI Rev Stat § 514B-122 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-122 Association meetings; minutes.

 §514B-122 Association meetings; minutes. (a) Minutes of meetings of the association shall be approved at the next succeeding regular meeting or by the board, within sixty days after the meeting, if authorized by the owners at an annual meeting. If approved by the board, owners shall be given a copy of the approved minutes or notified of the availability of the minutes within thirty days after approval.  (b) Minutes of all meetings of the association shall be available within seven calendar days after approval, and unapproved final drafts of the minutes of a meeting shall be available within sixty days after the meeting.  (c) An owner shall be allowed to offer corrections to the minutes at an association meeting. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-124 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-124 Association meetings; purchaser's right to vote.

 §514B-124 Association meetings; purchaser's right to vote. The purchaser of a unit pursuant to a recorded agreement of sale shall have all the rights of a unit owner, including the right to vote; provided that the seller may retain the right to vote on matters substantially affecting the seller's security interest in the unit, including but not limited to, the right to vote on:  (1) Any partition of all or part of the project;  (2) The nature and amount of any insurance covering the project and the disposition of any proceeds thereof;  (3) The manner in which any condemnation of the project shall be defended or settled and the disposition of any award or settlement in connection therewith;  (4) The payment of any amount in excess of insurance or condemnation proceeds;  (5) The construction of any additions or improvements, and any substantial repair or rebuilding of any portion of the project;  (6) The special assessment of any expenses;  (7) The acquisition of any unit in the project;  (8) Any amendment to the declaration or bylaws;  (9) Any removal of the project from the provisions of this chapter; and  (10) Any other matter that would substantially affect the security interest of the seller. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-124.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-124.5 Voting for elections; cumulative voting.

  §514B-124.5 Voting for elections; cumulative voting. (a) If the bylaws provide for cumulative voting for an election at a meeting, each unit owner present in person or represented by proxy shall have a number of votes equal to the unit owner's voting percentage multiplied by the number of positions to be filled at the election.  (b) Each unit owner shall be entitled to cumulate the votes of the unit owner and give all of the votes to one nominee or distribute the votes among any or all of the nominees.  (c) The nominee or nominees receiving the highest number of votes under this section, up to the total number of positions to be filled, shall be deemed elected and shall be given the longest term.  (d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents. [L 2014, c 189, §1]
HI Rev Stat § 514B-126 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-126 Board meetings; minutes.

 §514B-126 Board meetings; minutes. (a) Minutes of meetings of the board shall include the recorded vote of each board member on all motions except motions voted on in executive session.  (b) Minutes of meetings of the board shall be approved no later than the second succeeding regular meeting.  (c) Minutes of all meetings of the board shall be available within seven calendar days after approval, and unapproved final drafts of the minutes of a meeting shall be available within thirty days after the meeting; provided that the minutes of any executive session may be withheld if their publication would defeat the lawful purpose of the executive session. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2017, c 81, §4]
HI Rev Stat § 514B-131 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-131 Operation of the property.

 §514B-131 Operation of the property. The operation of the property shall be governed by this chapter and the declaration and bylaws. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-133 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-133 Association employees; background check; prohibition.

 §514B-133 Association employees; background check; prohibition. (a) The board, managing agent, or resident manager, upon the written authorization of an applicant for employment as a security guard or resident manager or for a position that would allow the employee access to the keys of or entry into the units in the condominium or access to association funds, may conduct a background check on the applicant or direct another responsible party to conduct the check. Before initiating or requesting a check, the board, managing agent, or resident manager shall first certify that the signature on the authorization is authentic and that the person is an applicant for such employment. The background check, at a minimum, shall require the applicant to disclose whether the applicant has been convicted in any jurisdiction of a crime which would tend to indicate that the applicant may be unsuited for employment as an association employee with access to association funds or the keys of or entry into the units in the condominium, and the judgment of conviction has not been vacated.  For purposes of this section, the criminal history disclosure made by the applicant may be verified by the board, managing agent, resident manager, or other responsible party, if so directed by the board, managing agent, or resident manager, by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information, which shall include, but not be limited to, the applicant's name, social security number, date of birth, and gender. This information shall be used only for the purpose of conducting the criminal history record check authorized by this section. Failure of an association, managing agent, or resident manager to conduct or verify or cause to have conducted or verified a background check shall not alone give rise to any private cause of action against an association, managing agent, or resident manager for acts and omissions of the employee hired.  (b) An association's employees shall not engage in selling or renting units in the condominium in which they are employed, except association-owned units, unless such activity is approved by sixty-seven per cent of the unit owners. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-134 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-134 Management and contracts; developer, managing agent, and association.

 §514B-134 Management and contracts; developer, managing agent, and association. (a) Any developer or affiliate of the developer or a managing agent, who manages the operation of the property from the date of recordation of the first unit conveyance until the organization of the association, shall comply with the requirements of sections 514B-72, 514B-103, and 514B-149.  (b) The developer or affiliate of the developer, board, and managing agent shall ensure that there is a written contract for managing the operation of the property, expressing the agreements of all parties including, but not limited to, financial and accounting obligations, services provided, and any compensation arrangements, including any subsequent amendments. Copies of the executed contract and any amendments shall be provided to all parties to the contract. Prior to the organization of the association, any unit owner may request to inspect as well as receive a copy of the management contract from the entity that manages the operation of the property. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-135 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-135 Termination of contracts and leases of developer.

 §514B-135 Termination of contracts and leases of developer. (a) If entered into before the board elected by the unit owners pursuant to section 514B-106(e) takes office:  (1) Any management contract, employment contract, or lease of recreational or parking areas or facilities;  (2) Any other contract or lease between the association and a developer or an affiliate of a developer; or  (3) Any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing; may be terminated without penalty by the association within a period of one hundred eighty days after the board elected by the unit owners pursuant to section 514B-106(e) takes office, upon not less than ninety days notice to the other party.  (b) This section does not apply to:  (1) Any lease or other agreement the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section; or  (2) A proprietary lease. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-137 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-137 Upkeep of condominium.

 §514B-137 Upkeep of condominium. (a) Except to the extent provided by the declaration or bylaws, the association is responsible for the operation of the property, and each unit owner is responsible for maintenance, repair, and replacement of the owner's unit. Each unit owner shall afford to the association and the other unit owners, and to employees, independent contractors, or agents of the association or other unit owners, during reasonable hours, access through the owner's unit reasonably necessary for those purposes. Unless entry is made pursuant to subsection (b), if damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association, if it is responsible, is liable for the prompt repair thereof; provided that the association shall not be responsible to pay the costs of removing or replacing any finished surfaces or other barriers that impede its ability to maintain and repair the common elements.  (b) The association shall have the irrevocable right, to be exercised by the board, to have access to each unit at any time as may be necessary for making emergency repairs to prevent damage to the common elements or to another unit or units. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §22]
HI Rev Stat § 514B-138 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-138 Upkeep of condominium; high-risk components.

 §514B-138 Upkeep of condominium; high-risk components. (a) The board, after notice to all unit owners and an opportunity for owner comment, may determine that certain portions of the units, or certain objects or appliances within the units such as washing machine hoses and water heaters, pose a particular risk of damage to other units or the common elements if they are not properly inspected, maintained, repaired, or replaced by owners. Those items determined by the board to pose a particular risk are "high-risk components" for the purposes of this section.  (b) With regard to items designated as high-risk components, the board may require any or all of the following:  (1) Inspection:  (A) At specified intervals; or  (B) Upon replacement or repair by the association or by inspectors designated by the association;  (2) Replacement or repair at specified intervals whether or not the component is deteriorated or defective; and  (3) Replacement or repair:  (A) Meeting particular standards or specifications established by the board;  (B) Including additional components or installations specified by the board; or  (C) Using contractors with specific licensing, training, or certification approved by the board.  (c) The imposition of requirements by the board under subsection (b) shall not relieve unit owners of obligations regarding high-risk components as set forth in the declaration or bylaws including, without limitation, the obligation to maintain, repair, and replace the components.  (d) If a unit owner fails to follow requirements imposed by the board pursuant to this section, the association, after reasonable notice, may enter the unit to perform the requirements with regard to such high-risk components at the sole cost and expense of the unit owner, which costs and expenses shall be a lien on the unit as provided in section 514B-146. Nothing in this section shall be deemed to limit the remedies of the association for damages, or injunctive relief, or both. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §23]
HI Rev Stat § 514B-139 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-139 Upkeep of condominium; disposition of unclaimed possessions.

 §514B-139 Upkeep of condominium; disposition of unclaimed possessions. (a) When personalty in or on the common elements of a project has been abandoned, the board may sell the personalty in a commercially reasonable manner, store the personalty at the expense of its owner, donate the personalty to a charitable organization, or otherwise dispose of the personalty in its sole discretion; provided that:  (1) If the identity and address of the owner are known, no sale, storage, donation, or other disposal shall occur until thirty days after the board notifies the owner in writing of:  (A) The identity and location of the personalty; and  (B) The board's intent to so sell, store, donate, or dispose of the personalty.  Notification shall be by certified mail, return receipt requested, to the owner's address as shown by the records of the association or to an address designated by the owner for the purpose of notification or, if neither of these is available, to the owner's last known address, if any; or  (2) If the identity or address of the owner is unknown, the board may proceed directly to sell, store, donate, or otherwise dispose of the personalty.  (b) The proceeds of any sale or disposition of personalty under subsection (a)(1), after deduction of any accrued costs of mailing, storage, and sale, shall be held for the owner for thirty days. Any proceeds not claimed within this period shall become the property of the association. The proceeds of any sale or disposition of personalty under subsection (a)(2) shall immediately become the property of the association. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2021, c 98, §1]
HI Rev Stat § 514B-141 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-141 Tort and contract liability; tolling of limitation period.

 §514B-141 Tort and contract liability; tolling of limitation period. (a) A unit owner is not liable, solely by reason of being a unit owner, for any injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the developer is liable for that developer's torts in connection with any part of the condominium that that developer has the responsibility to maintain.  (b) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, may be maintained only against the association and not against any unit owner. If the wrong occurred during any period of developer control and the association gives the developer reasonable notice of and an opportunity to defend against the action, the developer who then controlled the association is liable to the association or to any unit owner for:  (1) All tort losses not covered by insurance suffered by the association or that unit owner; and  (2) All costs that the association would not have incurred but for a breach of contract or other wrongful act or omission, as the same may be established through adjudication. Whenever the developer is liable to the association under this section, the developer is also liable for all expenses of litigation, including reasonable attorneys' fees, incurred by the association.  (c) Any statute of limitation affecting the association's right of action against a developer is tolled until the period of developer control terminates. A unit owner is not precluded from maintaining an action contemplated by this section because the unit owner is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by section 514B-147. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §24]