Hawaii Revised Statutes
514B. Condominiums
514B-106 Board; powers and duties.

§514B-106 Board; powers and duties. (a) Except as provided in the declaration, the bylaws, subsection (b), or other provisions of this chapter, the board may act in all instances on behalf of the association. In the performance of their duties, officers and members of the board shall owe the association a fiduciary duty and exercise the degree of care and loyalty required of an officer or director of a corporation organized under chapter 414D. Any violation by a board or its officers or members of the mandatory provisions of section 514B-161 or 514B-162 may constitute a violation of the fiduciary duty owed pursuant to this subsection; provided that a board member may avoid liability under this subsection by indicating in writing the board member's disagreement with such board action or rescinding or withdrawing the violating conduct within forty-five days of the occurrence of the initial violation.
(b) The board may not act on behalf of the association to amend the declaration or bylaws (sections 514B-32(a)(11) and 514B-108(b)(7)), to remove the condominium from the provisions of this chapter (section 514B-47), or to elect members of the board or determine the qualifications, powers and duties, or terms of office of board members (subsection (e)); provided that nothing in this subsection shall be construed to prohibit board members from voting proxies (section 514B-123) to elect members of the board; provided further that notwithstanding anything to the contrary in the declaration or bylaws, the board may only fill vacancies in its membership to serve until the next annual or duly noticed special association meeting. Notice of a special association meeting to fill vacancies shall include notice of the election. Any special association meeting to fill vacancies shall be held on a date that allows sufficient time for owners to declare their intention to run for election and to solicit proxies for that purpose.
(c) Within thirty days after the adoption of any proposed budget for the condominium, the board shall make available a copy of the budget to all the unit owners and shall notify each unit owner that the unit owner may request a copy of the budget.
(d) The declaration may provide for a period of developer control of the association, during which a developer, or persons designated by the developer, may appoint and remove the officers and members of the board. Regardless of the period provided in the declaration, a period of developer control terminates no later than the earlier of:
(1) Sixty days after conveyance of seventy-five per cent of the common interest appurtenant to units that may be created to unit owners other than a developer or affiliate of the developer;
(2) Two years after the developer has ceased to offer units for sale in the ordinary course of business;
(3) Two years after any right to add new units was last exercised; or
(4) The day the developer, after giving written notice to unit owners, records an instrument voluntarily surrendering all rights to control activities of the association.
A developer may voluntarily surrender the right to appoint and remove officers and members of the board before termination of that period, but in that event the developer may require, for the duration of the period of developer control, that specified actions of the association or board, as described in a recorded instrument executed by the developer, be approved by the developer before they become effective.
(e) Not later than the termination of any period of developer control, the unit owners shall elect a board of at least three members; provided that projects created after May 18, 1984, with one hundred or more individual units, shall have an elected board of at least nine members unless the membership has amended the bylaws to reduce the number of directors; and provided further that projects with more than one hundred individual units where at least seventy per cent of the unit owners do not reside at the project may amend the bylaws to reduce the board to as few as five members by the written consent of a majority of the unit owners or the vote of a majority of a quorum at any annual meeting or special meeting called for that purpose. The association may rely on its membership records in determining whether a unit is owner-occupied. A decrease in the number of directors shall not deprive an incumbent director of any remaining term of office.
(f) At any regular or special meeting of the association, any member of the board may be removed and successors shall be elected for the remainder of the term to fill the vacancies thus created. The removal and replacement shall be by a vote of a majority of the unit owners and, otherwise, in accordance with all applicable requirements and procedures in the bylaws for the removal and replacement of directors and, if removal and replacement is to occur at a special meeting, section 514B-121(c). [L 2004, c 164, pt of §2; am L 2005, c 93, §7 and c 155, §3; am L 2006, c 273, §16; am L 2014, c 189, §4 and c 235, §3; am L 2017, c 81, §2; am L 2019, c 14, §2]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 28. Property

514B. Condominiums

514B-1 Short title.

514B-2 Applicability.

514B-3 Definitions.

514B-4 Separate titles and taxation.

514B-5 Conformance with county land use laws.

514B-6 Supplemental county rules governing a condominium property regime.

514B-7 Construction against implicit repeal.

514B-8 Severability.

514B-9 Obligation of good faith.

514B-10 Remedies to be liberally administered.

514B-21 Applicability.

514B-22 REPEALED.

514B-23 Amendments to governing instruments.

514B-31 Creation.

514B-32 Contents of declaration.

514B-33 Condominium map.

514B-34 Condominium map; certification of architect, engineer, or surveyor.

514B-35 Unit boundaries.

514B-36 Leasehold units.

514B-37 Common interest.

514B-38 Common elements.

514B-39 Limited common elements.

514B-40 Transfer of limited common elements.

514B-41 Common profits and expenses.

514B-42 Metering of utilities.

514B-43 Liens against units.

514B-44 Contents of deeds or leases of units.

514B-45 Blanket mortgages and other blanket liens affecting a unit at time of first conveyance or lease.

514B-46 Merger of projects or increments.

514B-47 Removal from provisions of this chapter.

514B-51 Registration required; exceptions.

514B-52 Application for registration.

514B-53 Inspection by commission.

514B-54 Developer's public report; requirements for issuance of effective date.

514B-55 Developer's public report; request for hearing by developer.

514B-56 Developer's public report; amendments.

514B-57 Commission oversight of developer's public report.

514B-58 Annual report.

514B-59 Expiration of developer's public reports.

514B-60 No false or misleading information.

514B-61 General powers and duties of commission.

514B-62 Deposit of fees.

514B-63 Condominium specialists; appointment; duties.

514B-64 Private consultants.

514B-65 Investigative powers.

514B-66 Cease and desist orders.

514B-67 Termination of registration.

514B-68 Power to enjoin.

514B-69 Penalties.

514B-70 Limitation of actions.

514B-71 Condominium education trust fund.

514B-72 Condominium education trust fund; payments by associations and developers.

514B-73 Condominium education trust fund; management.

514B-81 Applicability; exceptions.

514B-82 Sale of units.

514B-83 Developer's public report.

514B-84 Developer's public report; special types of condominiums.

514B-85 Preregistration solicitation.

514B-86 Requirements for binding sales contracts; purchaser's right to cancel.

514B-87 Rescission after sales contract becomes binding.

514B-88 Delivery.

514B-89 Sales contracts before completion of construction.

514B-90 Refunds upon cancellation or termination.

514B-91 Escrow of deposits.

514B-92 Use of purchaser deposits to pay project costs.

514B-93 Early conveyance to pay project costs.

514B-94 Misleading statements and omissions; remedies.

514B-95 Definitions.

514B-95.5 Announcement or advertisement; publication.

514B-96 Designation of residential units.

514B-96.5 Unit selection; requirements.

514B-97 Affidavit.

514B-97.5 Prohibitions.

514B-98 Sale of residential units; developer requirements.

514B-98.5 Enforcement.

514B-99 Penalties.

514B-99.3 False statement.

514B-99.5 Inapplicability of laws.

514B-101 Applicability; exceptions.

514B-102 Association; organization and membership.

514B-103 Association; registration.

514B-104 Association; powers.

514B-105 Association; limitations on powers.

514B-106 Board; powers and duties.

514B-106.5 Service of process.

514B-107 Board; limitations.

514B-108 Bylaws.

514B-109 Restatement of declaration and bylaws.

514B-110 Bylaws amendment permitted; mixed use property; representation on board.

514B-111 Judicial power to excuse compliance with requirements of declaration or bylaws.

514B-112 Condominium community mutual obligations.

514B-113 Medical cannabis; discrimination.

514B-121 Association meetings.

514B-122 Association meetings; minutes.

514B-123 Association meetings; voting; proxies.

514B-124 Association meetings; purchaser's right to vote.

514B-124.5 Voting for elections; cumulative voting.

514B-125 Board meetings.

514B-126 Board meetings; minutes.

514B-131 Operation of the property.

514B-132 Managing agents.

514B-133 Association employees; background check; prohibition.

514B-134 Management and contracts; developer, managing agent, and association.

514B-135 Termination of contracts and leases of developer.

514B-136 Transfer of developer rights.

514B-137 Upkeep of condominium.

514B-138 Upkeep of condominium; high-risk components.

514B-139 Upkeep of condominium; disposition of unclaimed possessions.

514B-140 Additions to and alterations of condominium.

514B-141 Tort and contract liability; tolling of limitation period.

514B-142 Aging in place or disabled; limitation on liability.

514B-143 Insurance.

514B-144 Association fiscal matters; assessments for common expenses.

514B-145 Association fiscal matters; collection of unpaid assessments from tenants or rental agents.

514B-146 Association fiscal matters; lien for assessments.

514B-146.5 Association fiscal matters; supplemental nonjudicial foreclosure notices; restrictions on power of sale.

514B-147 Association fiscal matters; other liens affecting the condominium.

514B-148 Association fiscal matters; budgets and reserves.

514B-149 Association fiscal matters; handling and disbursement of funds.

514B-150 Association fiscal matters; audits, audited financial statement.

514B-151 Association fiscal matters; lease rent renegotiation.

514B-152 Association records; generally.

514B-153 Association records; records to be maintained.

514B-154 Association records; availability; disposal; prohibitions.

514B-154.5 Association documents to be provided. (a) Notwithstanding any other provision in the declaration, bylaws, or house rules, if any, the following documents, records, and information, whether maintained, kept, or required to be provided pursu...

514B-155 Association as trustee.

514B-156 Pets.

514B-157 Attorneys' fees, delinquent assessments, and expenses of enforcement.

514B-161 Mediation.

514B-162 Arbitration.

514B-162.5 Voluntary binding arbitration.

514B-163 Trial de novo and appeal

514B-191 Retaliation prohibited.