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Category: Hawaii Legislation

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...]

Purchase of Leased Fee Interest by Condominium Association Upheld

Wednesday, November, 16th, 2022 at 8:32 pm by Richard S. Ekimoto, Esq.

On July 22, 2005, the Hawaii Supreme Court ruled in Association of Apartment Owners of Maalaea Kai, inc. v. Stillson that the purchase of the leased fee interest by the condominium association was proper. This is the second appeal in this case. The case began when Stillson failed to pay his maintenance fees. After several demands, the Association filed a notice of lien and then sought to foreclose the lien. Stillson claimed that the Association was prohibited from purchasing [Read More...]

Legislature Considers Bills that Allows Condominiums and Coops to Adopt Rules Prohibiting Smoking

Friday, February, 1st, 2013 at 3:52 am by Richard S. Ekimoto, Esq.

House Bill 34 would amend both the Residential Cooperative Statute and the Hawaii Condominium Act to permit condominiums and coops to prohibit smoking in the common areas and units by rule.  The bill was heard on January 30, 2013, but has been scheduled for further hearing on February 4, 2013 at 2:00 P.M. in House Conference Room 325. The Senate companion bill, Senate Bill 945 was heard by the Senate Health Committee on January 30, [Read More...]

Prohibiting Smoking in Condominium Units

Friday, March, 30th, 2012 at 1:53 am by Richard S. Ekimoto, Esq.

The war on second-hand smoke began in certain public places like elevators and hospitals. Later it moved to restaurants and bars and certain common elements of a condominium project. The latest venue is individual units in condominium projects. Communities like Belmont, California (half way between San Francisco & San Jose) have adopted ordinances prohibiting smoking in individual units and the patio/yard areas of multi-unit residences (apartments, condominiums, and townhouses) which share common floors and/or ceilings [Read More...]