HRS §514B-40
Transferring shared areas between condo units
This section lets a condo owner give or swap a limited common element (like a parking spot or storage area) with another unit owner, unless the condo declaration says otherwise. The transfer must be written, recorded, and delivered to the condo association. Only the two owners need to sign, but lenders or landlords may also require consent.
condominium associationscondominium owners
The statute, as written — Transfer of limited common elements
Except as provided in the declaration, any unit owner may transfer or exchange a limited common element that is assigned to the owner's unit to another unit. Any transfer shall be executed and recorded as an amendment to the declaration. The amendment need only be executed by the owner of the unit whose limited common element is being transferred and the owner of the unit receiving the limited common element; provided that unit mortgages and leases may also require the consent of mortgagees or lessors, respectively, of the units involved. A copy of the amendment shall be promptly delivered to the association.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.