§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]
Structure Hawaii Revised Statutes
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-9 Obligation of good faith.
514B-10 Remedies to be liberally administered.
514B-23 Amendments to governing instruments.
514B-32 Contents of declaration.
514B-34 Condominium map; certification of architect, engineer, or surveyor.
514B-39 Limited common elements.
514B-40 Transfer of limited common elements.
514B-41 Common profits and expenses.
514B-42 Metering of utilities.
514B-44 Contents of deeds or leases of units.
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-59 Expiration of developer's public reports.
514B-60 No false or misleading information.
514B-61 General powers and duties of commission.
514B-63 Condominium specialists; appointment; duties.
514B-66 Cease and desist orders.
514B-67 Termination of registration.
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-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-89 Sales contracts before completion of construction.
514B-90 Refunds upon cancellation or termination.
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-95.5 Announcement or advertisement; publication.
514B-96 Designation of residential units.
514B-96.5 Unit selection; requirements.
514B-98 Sale of residential units; developer requirements.
514B-99.5 Inapplicability of laws.
514B-101 Applicability; exceptions.
514B-102 Association; organization and membership.
514B-103 Association; registration.
514B-105 Association; limitations on powers.
514B-106 Board; powers and duties.
514B-106.5 Service of process.
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-126 Board meetings; minutes.
514B-131 Operation of the property.
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-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-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-155 Association as trustee.
514B-157 Attorneys' fees, delinquent assessments, and expenses of enforcement.
514B-162.5 Voluntary binding arbitration.