reglab/housing_qa huggingface dataset:
HI Rev Stat § 514B-144 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-144 Association fiscal matters; assessments for common expenses.

 §514B-144 Association fiscal matters; assessments for common expenses. (a) Assessments shall be made based on a budget adopted and distributed or made available to unit owners at least annually by the board.  (b) Except for assessments under subsections (c), (d), and (e), all common expenses shall be assessed against all the units in accordance with the allocations under section 514B-41. Any past due common expense assessment or installment thereof shall bear interest at the rate established by the association, provided that the rate shall not exceed eighteen per cent per year.  (c) Assessments to pay a judgment against the association under section 514B-147(a) may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense allocations under section 514B-41.  (d) If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against such owner's unit.  (e) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.  (f) In the case of a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the grantor's share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. Any such grantor or grantee is, however, entitled to a statement from the board, either directly or through its managing agent or resident manager, setting forth the amount of the unpaid assessments against the grantor, and except as to the amount of subsequently dishonored checks mentioned in such statement as having been received within the thirty-day period immediately preceding the date of such statement, the grantee is not liable for, nor is the unit conveyed subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth.  (g) No unit owner may exempt the unit owner from liability for the unit owner's contribution towards the common expenses by waiver of the use or enjoyment of any of the common elements or by abandonment of the unit owner's unit. Subject to such terms and conditions as may be specified in the declaration or bylaws, any unit owner, by conveying his or her unit and common interest to the association on behalf of all other unit owners, may exempt himself or herself from common expenses thereafter accruing.  (h) The board, either directly or through its managing agent or resident manager, shall notify the unit owners in writing of maintenance fee increases at least thirty days prior to such an increase. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2006, c 273, §26]
HI Rev Stat § 514B-145 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-145 Association fiscal matters; collection of unpaid assessments from tenants or rental agents.

 §514B-145 Association fiscal matters; collection of unpaid assessments from tenants or rental agents. (a) If the owner of a unit rents or leases the unit and is in default for thirty days or more in the payment of the unit's share of the common expenses, the board, for as long as the default continues, may demand in writing and receive each month from any tenant occupying the unit or rental agent renting the unit, an amount sufficient to pay all sums due from the unit owner to the association, including interest, if any, but the amount shall not exceed the tenant's rent due each month. The tenant's payment under this section shall discharge that amount of payment from the tenant's rent obligation, and any contractual provision to the contrary shall be void as a matter of law.  (b) Before taking any action under this section, the board shall give to the delinquent unit owner written notice of its intent to collect the rent owed. The notice shall:  (1) Be sent both by first-class and certified mail;  (2) Set forth the exact amount the association claims is due and owing by the unit owner; and  (3) Indicate the intent of the board to collect such amount from the rent, along with any other amounts that become due and remain unpaid.  (c) The unit owner shall not take any retaliatory action against the tenant for payments made under this section.  (d) The payment of any portion of the unit's share of common expenses by the tenant pursuant to a written demand by the board is a complete defense, to the extent of the amount demanded and paid by the tenant, in an action for nonpayment of rent brought by the unit owner against a tenant.  (e) The board may not demand payment from the tenant pursuant to this section if:  (1) A commissioner or receiver has been appointed to take charge of the premises pending a mortgage foreclosure;  (2) A mortgagee is in possession pending a mortgage foreclosure; or  (3) The tenant is served with a court order directing payment to a third party.  (f) In the event of any conflict between this section and any provision of chapter 521, the conflict shall be resolved in favor of this section; provided that if the tenant is entitled to an offset of rent under chapter 521, the tenant may deduct the offset from the amount due to the association, up to the limits stated in chapter 521. Nothing herein precludes the unit owner or tenant from seeking equitable relief from a court of competent jurisdiction or seeking a judicial determination of the amount owed.  (g) Before the board may take the actions permitted under subsection (a), the board shall adopt a written policy providing for the actions and have the policy approved by a majority vote of the unit owners at an annual or special meeting of the association or by the written consent of a majority of the unit owners. [L 2004, c 164, pt of §2; am L 2006, c 273, §27]
HI Rev Stat § 514B-147 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-147 Association fiscal matters; other liens affecting the condominium.

 §514B-147 Association fiscal matters; other liens affecting the condominium. (a) Except as provided in subsection (b), a judgment for money against the association, if recorded, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against the common expense funds of the association. No other property of a unit owner is subject to the claims of creditors of the association.  (b) Whether perfected before or after the creation of the condominium, if a lien, other than a mortgage (including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium), becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the owner's unit, and the lienholder, upon receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of the payment shall be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.  (c) A judgment against the association shall be indexed in the name of the condominium and the association and, when so indexed, is notice of the lien against the units. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-150 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-150 Association fiscal matters; audits, audited financial statement.

 §514B-150 Association fiscal matters; audits, audited financial statement. (a) The association shall require an annual audit of the association financial accounts and no less than one annual unannounced verification of the association's cash balance by a public accountant; provided that if the association is comprised of less than twenty units, the annual audit and the annual unannounced cash balance verification may be waived at an association meeting by a vote of a majority of the unit owners.  (b) The board shall make available a copy of the annual audit to each unit owner at least thirty days prior to the annual meeting which follows the end of the fiscal year. The board shall not be required to submit a copy of the annual audit report to an owner if the proxy form issued pursuant to section 514B-123(e) is not marked to indicate that the owner wishes to obtain a copy of the report. If the annual audit has not been completed by that date, the board shall make available:  (1) An unaudited year end financial statement for the fiscal year to each unit owner at least thirty days prior to the annual meeting; and  (2) The annual audit to all owners at the annual meeting, or as soon as the audit is completed, but not later than six months after the annual meeting.  (c) If the association's fiscal year ends less than two months prior to the convening of the annual meeting, the year-to-date unaudited financial statement may cover the period from the beginning of the association's fiscal year to the end of the month preceding the date on which notice of the annual meeting is mailed. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2014, c 189, §8; am L 2017, c 73, §3]
HI Rev Stat § 514B-152 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-152 Association records; generally.

 §514B-152 Association records; generally. The association shall keep financial and other records sufficiently detailed to enable the association to comply with requests for information and disclosures related to resale of units. Except as otherwise provided by law, all financial and other records shall be made available pursuant to section 514B-154.5 for examination by any unit owner and the owner's authorized agents. Association records shall be stored on the island on which the association's project is located; provided that if original records, including but not limited to invoices, are required to be sent off-island, copies of the records shall be maintained on the island on which the association's project is located. [L 2004, c 164, pt of §2; am L 2005, c 93, §7; am L 2014, c 188, §8]
HI Rev Stat § 514B-155 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-155 Association as trustee.

 §514B-155 Association as trustee. With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person shall not be bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, shall be fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person shall not be bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-156 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-156 Pets.

 §514B-156 Pets. (a) Any unit owner who keeps a pet in the owner's unit pursuant to a provision in the bylaws which allows owners to keep pets or in the absence of any provision in the bylaws to the contrary, upon the death of the animal, may replace the animal with another and continue to do so for as long as the owner continues to reside in the owner's unit or another unit subject to the same bylaws.  (b) Any unit owner who is keeping a pet pursuant to subsection (a), as of the effective date of an amendment to the bylaws which prohibits owners from keeping pets in their units, shall not be subject to the prohibition but shall be entitled to keep the pet and acquire new pets as provided in subsection (a).  (c) The bylaws may include reasonable restrictions or prohibitions against excessive noise or other problems caused by pets on the property and the running of pets at large in the common areas of the property. No animals described as pests under section 150A-2, or animals prohibited from importation under section 141-2, 150A-5, or 150A-6 shall be permitted.  (d) Whenever the bylaws do not prohibit unit owners from keeping animals as pets in their units, the bylaws shall not prohibit the tenants of the unit owners from keeping pets in the units rented or leased from the owners; provided that:  (1) A unit owner consents in writing to allow the unit owner's tenant to keep a pet in the unit; [and]  (2) A tenant keeps only those types of pets that may be kept by unit owners. The bylaws may allow each owner or tenant to keep only one pet in the unit.  (e) Any amendments to the bylaws that provide for exceptions to pet restrictions or prohibitions for preexisting circumstances shall apply equally to unit owners and tenants.  (f) Nothing in this section shall prevent an association from immediately acting to remove vicious animals to protect persons or property. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-162.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-162.5 Voluntary binding arbitration.

  §514B-162.5 Voluntary binding arbitration. [Section effective January 2, 2019, and repealed June 30, 2023. L 2018, c 196, §9.] (a) Any parties permitted to mediate condominium related disputes pursuant to section 514B-161 may agree to enter into voluntary binding arbitration, which may be supported with funds from the condominium education trust fund pursuant to section 514B-71; provided that voluntary binding arbitration under this section may be supported with funds from the condominium education trust fund only after the parties have first attempted evaluative mediation.  (b) Any voluntary binding arbitration entered into pursuant to this section and supported with funds from the condominium education trust fund:  (1) Shall include a fee of $175 to be paid by each party to the arbitrator;  (2) Shall receive no more from the fund than is appropriate under the circumstances, and in no event more than $6,000 total; and  (3) May include issues and parties in addition to those identified in subsection (a); provided that a unit owner or a developer and board are parties to the arbitration at all times and the unit owner or developer and the board mutually consent in writing to the addition of the issues and parties. [L 2018, c 196, § §2, 9; am L 2020, c 57, §2] Note  Repeal of section on June 30, 2023, by L 2018, c 196, §9, as shown in the main volume, deleted by L 2020, c 57, §2.
HI Rev Stat § 514B-163 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-163 Trial de novo and appeal

 §514B-163 Trial de novo and appeal. (a) The submission of any dispute to an arbitration under section 514B-162 shall in no way limit or abridge the right of any party to a trial de novo.  (b) Written demand for a trial de novo by any party desiring a trial de novo shall be made upon the other parties within ten days after service of the arbitration award upon all parties and the trial de novo shall be filed in circuit court within thirty days of the written demand. Failure to meet these deadlines shall preclude a party from demanding a trial de novo.  (c) The award of arbitration shall not be made known to the trier of fact at a trial de novo.  (d) In any trial de novo demanded under this section, if the party demanding a trial de novo does not prevail at trial, the party demanding the trial de novo shall be charged with all reasonable costs, expenses, and attorneys' fees of the trial. When there is more than one party on one or both sides of an action, or more than one issue in dispute, the court shall allocate its award of costs, expenses, and attorneys' fees among the prevailing parties and tax such fees against those nonprevailing parties who demanded a trial de novo in accordance with the principles of equity. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-191 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-191 Retaliation prohibited.

Revision Note Part designation added by revisor pursuant to §23G-15. §514B-191 Retaliation prohibited. (a) An association, board, managing agent, resident manager, unit owner, or any person acting on behalf of an association or a unit owner shall not retaliate against a unit owner, board member, managing agent, resident manager, or association employee who, through a lawful action done in an effort to address, prevent, or stop a violation of this chapter or governing documents of the association:  (1) Complains or otherwise reports an alleged violation;  (2) Causes a complaint or report of an alleged violation to be filed with the association, the commission, or other appropriate entity;  (3) Participates in or cooperates with an investigation of a complaint or report filed with the association, the commission, or other appropriate entity;  (4) Otherwise acts in furtherance of a complaint, report, or investigation concerning an alleged violation; or  (5) Exercises or attempts to exercise any right under this chapter or the governing documents of the association.  (b) A unit owner, board member, managing agent, resident manager, or association employee may bring a civil action in district court alleging a violation of this section. The court may issue an injunction or award damages, court costs, attorneys' fees, or any other relief the court deems appropriate.  (c) As used in this section:  "Governing documents" means an association's declaration, bylaws, or house rules; or any other document that sets forth the rights and responsibilities of the association, its board, its managing agent, or the unit owners.  "Retaliate" means to take any action that is not made in good faith and is unsupported by the association's governing documents or applicable law and that is intended to, or has the effect of, being prejudicial in the exercise or enjoyment of any person's substantial rights under this chapter or the association's governing documents. [L 2017, c 190, §1]
HI Rev Stat § 514C-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514C. Lease to Fee Conversions for Condominiums and Cooperative Housing Corporations|514C-1 Definitions.

Note Sections 514C-1 through 514C-8 designated as Part I by L 1999, c 241, §3(2).   §514C-1 Definitions. For purposes of this chapter unless the context indicates otherwise:  "Condominium" means the ownership of single units, with common elements, located on property within the condominium property regime.  "Condominium project" means a real estate condominium project; a plan or project whereby a condominium of two or more units located within the condominium property regime have been sold or leased or are offered or proposed to be offered for sale or lease.  "Condominium unit lessee" means an individual or individuals owning or leasing a condominium apartment or unit situated on leasehold land.  "Cooperative housing corporation" means a corporation having one and only one class of stock outstanding; each of the stockholders of which is entitled solely by reason of the shareholder's ownership of stock in the corporation, to occupy for dwelling purposes the dwelling unit in a building, owned or leased by the corporation, and situated on land leased by the corporation; and no stockholder of which is entitled, either conditionally or unconditionally, to receive any distribution not out of earnings and profits of the corporation except in a complete or partial liquidation of the corporation.  "Cooperative project" means a real estate cooperative housing corporation project; a plan or project whereby two or more apartments located in a building owned by a cooperative housing corporation have been leased or are offered or proposed to be offered to be leased.  "Cooperative unit lessee" means a shareholder of a cooperative housing corporation having a cooperative project located on leasehold land.  "Lessor" means the owner of the fee simple title to land which is leased to condominium lessees or a cooperative housing corporation, including a life tenant with a remainder over, vested or contingent, and a holder of a defeasible estate, and the holder's heirs, successors, legal representatives, and assigns. [L 1988, c 298, pt of §1; am L 1989, c 261, §17; am L 1990, c 34, §12; am L 2008, c 28, §32]
HI Rev Stat § 514C-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514C. Lease to Fee Conversions for Condominiums and Cooperative Housing Corporations|514C-2 Right of first refusal.

  §514C-2 Right of first refusal. When the leased fee interest in land under a condominium project or cooperative project or any part thereof is to be sold to any party other than the association of owners or the cooperative housing corporation, the seller shall first provide the board of directors of the association of owners or the cooperative housing corporation with written notice delivered or mailed by registered or certified mail, return receipt requested, postage prepaid, to any two of the president, vice-president, or managing agent (if any), of its intent to sell that interest, together with a complete and correct copy of the purchaser's written offer, which offer shall contain the full and complete terms thereof. The association of owners or cooperative housing corporation shall have a right of first refusal to purchase that leased fee interest for the same price as is contained in the written purchase offer. [L 1988, c 298, pt of §1; am L 2008, c 28, §33]
HI Rev Stat § 514C-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514C. Lease to Fee Conversions for Condominiums and Cooperative Housing Corporations|514C-3 Improvements.

 §514C-3 Improvements. The right of first refusal to purchase the leased fee interest in land created by this part shall be deemed to include the right to purchase the interest of the seller in any and all improvements on such land, other than the leasehold interest in any unit as to which the seller is the holder of the leasehold interest. [L 1988, c 298, pt of §1; am L 1999, c 241, §3(3)]
HI Rev Stat § 514C-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514C. Lease to Fee Conversions for Condominiums and Cooperative Housing Corporations|514C-4 Compliance with procedures not required when.

 §514C-4 Compliance with procedures not required when. Nothing in this part shall prohibit any lessor and association of condominium owners or cooperative housing corporation from agreeing to the sale and purchase of the leased fee interest or any part thereof. [L 1988, c 298, pt of §1; am L 1999, c 241, §3(4)]