Bill > SB147

This bill establishes a comprehensive framework for how condominium associations in Hawaii can impose and collect fines against unit owners, tenants, and guests who violate the declaration, bylaws, or house rules. The bill requires that any fine imposed must be reasonable and that the notice of the fine must include a description of the violation, the specific rule violated, and information about an appeal procedure. The legislation provides a detailed process for challenging fines, allowing aggrieved parties to appeal to the board within 30 days and potentially pursue resolution in small claims court. A fine becomes "collectable" only after specific conditions are met, such as the appeal period expiring or the fine being upheld in small claims court. Importantly, the bill prohibits associations from charging attorneys' fees for fines that are not yet deemed collectable. The legislation also clarifies that unit owners cannot withhold common expense assessments for any reason, but can dispute other types of assessments before payment. The bill aims to ensure due process for unit owners while providing associations with clear mechanisms to enforce community rules, and it is set to take effect on July 1, 2050.

Business and Industry, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=147&year=2025