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Category: Glossary


What are community associations?

Wednesday, November, 16th, 2022 at 8:35 pm by Richard S. Ekimoto, Esq.

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 514B. 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 [Read More...]

Familial Status Discrimination

Wednesday, November, 16th, 2022 at 8:34 pm by Richard S. Ekimoto, Esq.

What is Familial Status Discrimination? 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.

What is Design Review?

Wednesday, November, 16th, 2022 at 8:33 pm by Richard S. Ekimoto, Esq.

Design review is the process by which a community association regulates the overall appearance of the Project. The purpose of design review is to maintain, protect and enhance property values and to regulate changes which are otherwise detrimental to the community.

What is leased fee interest?

Wednesday, November, 16th, 2022 at 8:33 pm by Richard S. Ekimoto, Esq.

The technical definition of “leased fee interest” is the Fee Simple interest in real property encumbered by a lease. Many people confuse “leased fee interest” and “fee simple interest”. If you own 100% of the interest in real property, you own the real property in fee simple. The owner of real property in fee simple can do many things with the property including selling the property, mortgaging the property or leasing the property. If the [Read More...]

What is a disability?

Wednesday, November, 16th, 2022 at 8:31 pm by Richard S. Ekimoto, Esq.

The Federal Fair Housing Act and the Americans with Disabilities Act provides protections for people with disabilities. The Fair Housing Act uses the term, “handicap” while the Americans with Disabilities Act uses the term, “disability” but they are defined the same. A person with a disability is someone who: (1) has a physical or mental impairment which substantially limits one or more major life activities (i.e., caring for one’s self, performing manual tasks, walking, seeing, breathing, etc.); (2) has [Read More...]