Hawaii Revised Statutes
514B. Condominiums
514B-148 Association fiscal matters; budgets and reserves.

§514B-148 Association fiscal matters; budgets and reserves. (a) The budget required under section 514B-144(a) shall include at least the following:
(1) The estimated revenues and operating expenses of the association;
(2) Information as to whether the budget has been prepared on a cash or accrual basis;
(3) The total replacement reserves of the association as of the date of the budget;
(4) The estimated replacement reserves the association will require to maintain the property based on a reserve study performed by the association;
(5) A general explanation of how the estimated replacement reserves are computed;
(6) The amount the association must collect for the fiscal year to fund the estimated replacement reserves; and
(7) Information as to whether the amount the association must collect for the fiscal year to fund the estimated replacement reserves was calculated using a per cent funded or cash flow plan. The method or plan shall not circumvent the estimated replacement reserves amount determined by the reserve study pursuant to paragraph (4).
(b) The association shall assess the unit owners to either fund a minimum of fifty per cent of the estimated replacement reserves or fund one hundred per cent of the estimated replacement reserves when using a cash flow plan; provided that a new association need not collect estimated replacement reserves until the fiscal year which begins after the association's first annual meeting. For each fiscal year, the association shall collect the amount assessed to fund the estimated replacement for that fiscal year reserves, as determined by the association's plan.
(c) The association shall compute the estimated replacement reserves by a formula that is based on the estimated life and the estimated capital expenditure or major maintenance required for each part of the property. The estimated replacement reserves shall include:
(1) Adjustments for revenues which will be received and expenditures which will be made before the beginning of the fiscal year to which the budget relates; and
(2) Separate, designated reserves for each part of the property for which capital expenditures or major maintenance will exceed $10,000. Parts of the property for which capital expenditures or major maintenance will not exceed $10,000 may be aggregated in a single designated reserve.
(d) No association or unit owner, director, officer, managing agent, or employee of an association who makes a good faith effort to calculate the estimated replacement reserves for an association shall be liable if the estimate subsequently proves incorrect.
(e) Except in emergency situations or with the approval of a majority of the unit owners, a board may not exceed its total adopted annual operating budget by more than twenty per cent during the fiscal year to which the budget relates. Before imposing or collecting an assessment under this subsection that has not been approved by a majority of the unit owners, the board shall adopt a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment.
(f) The requirements of this section shall override any requirements in an association's declaration, bylaws, or any other association documents relating to preparation of budgets, calculation of reserve requirements, assessment and funding of reserves, and expenditures from reserves with the exception of:
(1) Any requirements in an association's declaration, bylaws, or any other association documents which require the association to collect more than fifty per cent of reserve requirements; or
(2) Any provisions relating to upgrading the common elements, such as additions, improvements, and alterations to the common elements.
(g) Subject to the procedures of section 514B-157 and any rules adopted by the commission, any unit owner whose association board fails to comply with this section may enforce compliance by the board. In any proceeding to enforce compliance, a board that has not prepared an annual operating budget and reserve study shall have the burden of proving it has complied with this section.
(h) As used in this section:
"Capital expenditure" means an expense that results from the purchase or replacement of an asset whose life is greater than one year, or the addition of an asset that extends the life of an existing asset for a period greater than one year.
"Cash flow plan" means a minimum twenty-year projection of an association's future income and expense requirements to fund fully its replacement reserves requirements each year during that twenty-year period, except in an emergency; provided that it does not include a projection of special assessments or loans during that twenty-year period, except in an emergency.
"Emergency situation" means any extraordinary expenses:
(1) Required by an order of a court;
(2) Necessary to repair or maintain any part of the property for which the association is responsible where a threat to personal safety on the property is discovered;
(3) Necessary to repair any part of the property for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the annual operating budget;
(4) Necessary to respond to any legal or administrative proceeding brought against the association that could not have been reasonably foreseen by the board in preparing and distributing the annual operating budget; or
(5) Necessary for the association to obtain adequate insurance for the property which the association must insure.
"Major maintenance" means an expenditure for maintenance or repair that will result in extending the life of an asset for a period greater than one year.
"Replacement reserves" means funds for the upkeep, repair, or replacement of those parts of the property, including but not limited to roofs, walls, decks, paving, and equipment, that the association is obligated to maintain. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]

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.