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Condo Facts:

Collecting Rent From A Tenant

In condominiums, this process is established under the law (HRS §514B-145) and is also often authorized under the individual bylaws of an association. If not contained in the bylaws, the law requires the board to first adopt a rent collection policy and then have the policy approved by a majority of all the owners before rent can be demanded from a tenant or rental agent. Even if the bylaws authorize rent collection, the board should also consider adopting a written policy on how they will implement that authority. (Note: Bylaws of older projects: (i) often do not authorize the board to demand rent from a rental agent, as the law does, and (ii) sometimes require owner approval anyway.)

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