Hawaii HOA Fine Notice Response

Introduction

Key Things to Know

1. 1

   A Hawaii HOA fine notice response is a unit owner's letter that contests a condominium fine in writing, uses the appeal the bylaws or the board's fining resolution provide, and preserves the statutory route in Hawaii Revised Statutes 514B-146: itemized statements first, then a written demand for mediation on the fine. In a planned community under chapter 421J, the same letter follows whatever procedure the association documents set.

2. 2

   Under Section 514B-104(a)(11) a condominium association may levy reasonable fines either in accordance with the bylaws or, if the bylaws are silent, under a board resolution that establishes a fining procedure. That resolution must state the basis for the fine and allow an appeal to the board with notice and an opportunity to be heard. The statute sets no number of days for the appeal, for the notice or for the board's answer, so read your bylaws and any fining resolution for those dates.

3. 3

   The statutory clock runs from a document you ask for. Section 514B-146(c) lets an owner who receives a demand for payment and disputes it request a written statement showing, among other things, the amount of any penalty or fine. If you dispute that statement, Section 514B-146(d) lets you request a second one. Under Section 514B-146(g) you then have 30 days from the date of that second statement to file a written demand for mediation on the fine.

4. 4

   A timely mediation demand matters. Section 514B-146(g) says the association shall be prohibited from attempting to collect any of the disputed charges until it has participated in the mediation, and the mediation shall be completed within 60 days of your request. If you miss the 30 days, or the mediation is not completed in 60 days, or it does not resolve the dispute, the association may proceed with collection. Section 514B-146(d)(4) lets you demand that mediation before paying the contested fine.

5. 5

   Hawaii law sets no dollar limit on a condominium fine: Section 514B-104(a)(11) allows reasonable fines for violations of the declaration, bylaws, rules and regulations. There is no statutory daily-fine rule and no cure period before a fine. Separately, no unit owner may withhold any common expense assessment under Section 514B-146(e), and Section 514B-105(c) applies payments to common expenses first and to fines only afterward, unless you designate a payment for a specific charge.

6. 6

   The lien sentence in Section 514B-146(a) covers sums assessed but unpaid for the unit's share of the common expenses. The same subsection says no association may use nonjudicial or power of sale foreclosure on a lien that arises solely from fines, penalties, legal fees or late fees; that foreclosure must be filed in court, and Section 514B-146.5(c)(1) repeats the bar. Section 421J-10.5(a) says the same for planned communities. When a fine joins the lien is not spelled out, so attorney review is available as an option.

7. 7

   Mediation in a Hawaii condominium is also available more broadly. Section 514B-161(a) makes mediation mandatory on written request for a dispute over interpretation or enforcement of the declaration, bylaws or house rules, and a court may compel it if the parties have not agreed on a mediator and a date within 45 days after the request is received. In a planned community, Section 421J-13 sends such disputes to mediation at any party's request, with no further mediation required if it is not completed within two months.

Hawaii Requirements for HOA Fine Notice Response

• Condominium or Planned Community

  Confirm whether your home is a condominium unit under HRS chapter 514B or in a planned community under chapter 421J. The statutory fining procedure, the itemized statements and the 30-day mediation demand apply to condominiums; planned community fines follow the association documents.

• The Bylaws or Board Fining Resolution

  Section 514B-104(a)(11) lets fines follow the bylaws or, if they are silent, a board resolution that states the basis for the fine and allows an appeal to the board with notice and an opportunity to be heard. Locate the one that applies and its appeal deadline.

• The Demand for Payment

  Record the day the association's demand for payment arrived. Section 514B-146(c) lets an owner who receives a demand and disputes it request a written statement listing any penalty or fine separately from common expenses.

• The Subsequent Statement and Its Printed Date

  If you dispute the first statement, request the subsequent statement under Section 514B-146(d). The 30 days to demand mediation under Section 514B-146(g) run from the date of that statement, so keep it and note the printed date.

• A Written Mediation Demand Within 30 Days

  File the demand for mediation on the fine in writing within 30 days. A timely request bars the association from attempting to collect the disputed charges until it has participated; the mediation is to be completed within 60 days of the request.

• Common Expenses Kept Current

  No owner may withhold common expense assessments under Section 514B-146(e). Section 514B-105(c) applies payments to common expenses first, then other unit charges, and fines afterward, unless you designate a payment for a specific charge.

• Evidence on the Violation

  Gather dated photographs, approvals, receipts and the rule cited. The statute sets no cure period before a condominium fine, so any correction is evidence for the board appeal and the mediation rather than an automatic bar.

• Lien and Foreclosure Wording

  Sections 514B-146(a), 514B-146.5(c)(1) and 421J-10.5(a) bar nonjudicial or power of sale foreclosure of a lien arising solely from fines; such a foreclosure must be filed in court. Attorney review is available as an option if a lien notice names a fine.