Hawaii Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

HRS 514B-137(a) says that, except as the declaration or bylaws provide otherwise, the association is responsible for operating the property and each owner is responsible for maintaining, repairing, and replacing their own unit. Owners must allow reasonable access, and the board has an irrevocable right to enter for emergency repairs. The association does not have to pay to remove or replace finished surfaces that block its access to common elements. Unless the declaration or bylaws say otherwise, limited common element costs are charged to the units they serve (HRS 514B-41).

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Unless the declaration says otherwise, HRS 514B-35 makes drywall, plaster, paint, tile, wallpaper, finished flooring, and other finished surfaces part of the unit. The rest of the wall, floor, or ceiling is a common element. A pipe, duct, or wire serving only one unit is a limited common element of that unit. Balconies, lanais, patios, exterior doors, and windows designed to serve one unit are limited common elements of that unit.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• Owners maintain their units unless the declaration or bylaws say otherwise (HRS 514B-137).
• Boards can designate high-risk components like water heaters and washing machine hoses and require inspection or replacement (HRS 514B-138).
• Associations must fund at least 50 percent of estimated replacement reserves, or 100 percent under a cash flow plan (HRS 514B-148(b)).
• The master policy must cover full insurable replacement cost and carry at least $1,000,000 in general liability (HRS 514B-143).
• The board may charge the deductible to the owner where the damage started, after notice and a hearing (HRS 514B-143(d)).
• Many disputes over the declaration, bylaws, or house rules must go to mediation on written request (HRS 514B-161).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Hawaii

Insurance and deductibles

Unless the declaration or bylaws say otherwise, HRS 514B-143 requires the association to carry special form property insurance on the common elements for full insurable replacement cost, including building code upgrade costs, at least $1,000,000 of general liability, a fidelity bond, and directors and officers coverage. For attached units, the policy covers the units and common elements to the extent reasonably available, but not owner improvements like fixtures, appliances, and water heaters. The board may pay a deductible as a common expense, charge the owner where the damage started (after notice and a hearing), or charge affected owners.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Hawaii condo

Hawaii does not have a single condo resale certificate statute. Under HRS 508D-3.5, a seller of property under a recorded declaration must provide the articles, bylaws, declaration, and rules. The seller has until 10 calendar days after both parties receive a current title report. The buyer then has 15 calendar days to review and may rescind in writing. Owners can also get many association records, including financial statements and minutes, under HRS 514B-154.5, generally within 30 days of a written request.

Frequently Asked Questions

Who pays when a water heater leaks in a Hawaii condo?

Water heaters inside a unit are usually the owner's responsibility, and Hawaii boards can designate them as high-risk components with required inspection or replacement schedules (HRS 514B-138). The master policy may cover resulting building damage, but the board can charge the deductible to the owner of the unit where the damage started after notice and a hearing (HRS 514B-143(d)).

Does the HOA master policy cover my lanai or interior in Hawaii?

For attached units, the master property policy covers units, limited common elements (unless the board decides otherwise), and common elements to the extent reasonably available. It does not have to cover owner improvements such as fixtures, appliances, cabinets, or water heaters you installed. With majority owner approval, the board can require owners to carry certain insurance.

How long do I have to review condo documents when buying in Hawaii?

Under HRS 508D-3.5, the seller must provide the declaration, bylaws, articles, and rules within 10 calendar days after both sides receive a current title report. You then have 15 calendar days to review them and rescind the contract in writing if you choose. The parties can agree in writing to change these deadlines.

Do I have to mediate a dispute with my Hawaii condo board?

Often, yes. Under HRS 514B-161, mediation is mandatory on written request for disputes about interpreting or enforcing the declaration, bylaws, or house rules. Disputes over assessments, personal injury, safety threats, or insurance coverage are excluded. The Real Estate Commission's condominium education trust fund can help pay for some mediations.