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HRS §514B-111

Court can excuse condominium rules that block the association

A court can let a condominium association skip certain rules in its declaration or bylaws if those rules unfairly block the association from managing the property and skipping them won't hurt owners or lenders. The association must tell all owners about the court hearing by certified mail.

condominium associationscondominium ownerscourts

The statute, as written — ] Judicial power to excuse compliance with requirements of declaration or bylaws

(a) The circuit court of the judicial circuit in which a condominium is located may excuse compliance with any of the following provisions in a declaration or bylaws if it finds that the provision unreasonably interferes with the association's ability to manage the common property, administer the condominium property regime, or carry out any other function set forth in the declaration or bylaws, and that compliance is not necessary to protect the legitimate interests of the members or lenders holding security interests: (1) A provision limiting the amount of any assessment that can be levied against individually owned property; (2) A provision requiring that an amendment to the declaration or bylaws be approved by lenders; (3) A provision requiring approval of at least sixty-seven per cent of the common interest to adopt an amendment pursuant to section 514B‑32(a)(11) or section 514B‑108(e); provided that the amendment does not: (A) Prohibit or materially restrict the use or occupancy of, or behavior within, individually owned units; (B) Change the basis for allocating voting rights or assessments among unit owners; or (C) Apply to less than all of the unit owners; (4) A requirement that an amendment to the declaration be signed by unit owners; or (5) A quorum requirement for meetings of unit owners. (b) The board, on behalf of the association, shall by certified mail provide all unit owners with notice of the date, time, and place of any court hearing to be held pursuant to this section.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.