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What is the Americans with Disabilities Act?

Wednesday, November, 16th, 2022 at 8:22 pm by Richard S. Ekimoto, Esq.

The Americans with Disabilities Act (“ADA”) is a federal law that provides protections to people with disabilities. One part of the ADA provides protections for employees of employers with more than 15 employees. Other parts of the ADA applies to state and local government and transportation systems. Title III of the ADA applies to public accommodations and is usually the section of the ADA that community associations have questions about. Public accommodations under the ADA are: If [Read More...]

What is the Federal Fair Housing Act?

Wednesday, November, 16th, 2022 at 8:20 pm by Richard S. Ekimoto, Esq.

The Federal Fair Housing Act was adopted in 1968 as Title VIII of the Civil Rights Act of 1968. In 1988, Congress expanded the scope of the Federal Fair Housing Act by adopting the Federal Fair Housing Amendments Act of 1988. The Federal Fair Housing Amendments Act established new enforcement procedures and created two new protected classifications. The Federal Fair Housing Act protects individuals from housing discrimination on the basis of race, color, religion, sex, familial status, [Read More...]

Hawaii Supreme Court Upholds Right of Condominium Association to Vacate Residents for Maintenance

Wednesday, November, 16th, 2022 at 8:17 pm by Richard S. Ekimoto, Esq.

Most people involved with condominium associations understand that sometimes it is necessary to undertake repairs and maintenance of the common elements which might displace residents. For some reason, there have been a few recent instances where residents have challenged the right of an association to force the owners to vacate their units for this purpose. These cases have been complicated by the fact that very few condominium declarations and bylaws have provisions expressly authorizing the [Read More...]

2022 Legislative Update

Tuesday, August, 23rd, 2022 at 4:15 am by Richard S. Ekimoto, Esq.

In 2022, the legislature made a number of changes to both the condominium law (Chapter 514B) and the planned community associations law (Chapter 421J).  Most but not all of the changes improve association operations.  You can view the text of the acts by clicking on the links below. Act 69 (SB 2685 SD2, HD1, CD1), Signed 6/17/22, effective January 1, 2023 Relating To Planned Community Associations. The legislative history for act 69 indicates that its [Read More...]

Authorized Signatories for Association Contracts

Wednesday, September, 12th, 2018 at 6:43 pm by Jill M. Tsuchitori, Esq.

It can be a scramble to find the appropriate person to sign a contract or document when deadlines loom and deals need to be finalized.   Yet  board members should take care to ensure that properly authorized persons are signing their documents.  Although a resident manager may have the most knowledge about the maintenance needs for the irrigation system, she probably is not the best person to sign the contract with the maintenance service. How do [Read More...]