Hawaii Condo Law

The Federal Fair Housing Act introduced “familial status discrimination” in 1988. Lawmakers chose to use the term “familial status discrimination” rather than the more easily understood term “discrimination against families with minor children”. Under the Federal Fair Housing Act, it is illegal to discriminate against families with minor children in housing.

Community Associations refers to the organizations that manage and operate common property for the owners of a condominium, planned community and residential cooperative. In Hawaii, condominiums are governed by Hawaii Revised Statutes Chapter 514A. Condominiums are the most common for of community association in Hawaii. In a condominium, all the members own the common areas jointly while each member owns their own apartment.

Planned Communities are governed by Hawaii Revised Statutes Chapter 421J. In Planned Communities, the association is normally a Nonprofit Corporation and the corporation owns the common property. Each of the members own their lots.

Residential cooperatives are normally governed by Hawaii Revised Statutes Chapter 421I. In a residential cooperative, the cooperative is normally a corporation that owns or leases the Project. Each shareholder has the right to lease or sublease an apartment from the cooperative.

The 2004 legislature has adopted part of a new Condominium Property Act with an effective date of July 1, 2005. The amendment is substantial and is often referred to as the Recodification of the Condominium Property Act. The new Condominium Property Act is contingent upon the legislature’s adoption of the second half of the Recodification relating to development and sale of condominiums. The 2005 legislature adopted and the Governor signed the second part of the new Condominium Act. The effective date of the Recodification has been delayed until July 1, 2006. The Recodification is contained in Hawaii Revised Statutes Chapter 415B

Revised 6/23/2005 to reflect adoption of the second part of the Recodification and delayed effective date.

Revised 12/7/2005 to provide the new HRS Chapter Designation and the link for the Recodification at the Hawaii State Legislature.