HRS §514B-37
Common interest stays with your unit
Each unit has a share of common areas set in the declaration. That share is permanent and can't be changed or split unless the owner and their mortgage lender agree in a recorded amendment. The share always goes with the unit, even if not mentioned in a sale or mortgage.
condominium ownersmortgage lenders
The statute, as written — Common interest
Each unit shall have the common interest it is assigned in the declaration. Except as provided in sections 514B‑32(a)(12), 514B‑46, and 514B‑140(d) and except as provided in the declaration, a unit's common interest shall be permanent and remain undivided, and may not be altered or partitioned without the consent of the owner of the unit and the owner's mortgagee, expressed in a duly executed and recorded declaration amendment. The common interest shall not be separated from the unit to which it appertains, and shall be deemed to be conveyed or encumbered with the unit even if the common interest is not expressly mentioned or described in the conveyance or other instrument.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.