Condominium FAQs

Condominium owners pay $10 once every two years, split between $7 for the operational costs of the Real Estate Branch and Commission (HAR §16-53-16.8(4)), and $3 for subsidized alternative dispute resolution.

The REB also oversees the mandatory registration of most condominiums for initial developer sale to ensure proper and sufficient disclosures are provided to prospective buyers for consumer protection.

Revised 11/19/2025

The sections of the condominium law over which RICO has been authorized to receive and investigate complaints include:

• HRS, Chapter 514B, Part IV – Registration and administration of condominiums
• HRS, Chapter 514B, Part V – Protection of condominium purchasers
• HRS, section 514B-103 – Condominium association registration
• HRS, section 514B-132 – Condominium managing agents
• HRS, section 514B-134 – Management contracts for the association prior to organization of the association
• HRS, section 514B-149 – Handling and disbursement of association funds
• HRS, sections 514B-152, 153, 154, and 154.5 – Maintenance and provision of association records
  • RICO can assist owners in acquiring association records provided in the above listed sections. Please review the Got Records? Information For Condo Owners About Access To Information page.

RICO can be reached at the following through the website

For disputes outside of the above-noted sections of the law, i.e., where RICO does not have authority to receive and investigate complaints, the condominium law provides for dispute resolution through mediation, arbitration, or civil litigation. Please review the “Mediation of Condominium Disputes” section.

Please review our brochure, “How Do I File A Complaint?”

Revised 3/19/25

Resources for Condominium Owners, Prospective Buyers, and Boards of Directors & Associations

In the process of registering a condominium project for sale, a developer is required to submit certain documents for initial sale to the Hawaii Real Estate Branch (“REB”). The registration application is maintained for ten years, after which the application documents are destroyed pursuant to department file retention policies. Developers may not have updated their reports for changes, may have sold all the units thus ending their reporting requirements, and associations who took control of the project after the end of the developer control period do not have authority to update the registration application. It is highly likely that the map, declaration, bylaws, house rules, sales agreements, and other required documents required during submission that the REB maintains are out of date for older projects.

Should developers or their agents need to review or obtain copies of supporting documents in the developer’s public report (“DPR”), please review our May 2025 brochure on that process.

The Commission maintains a public database of Developer’s Public Reports, but these reports generally contain at most limited summaries of the declaration, bylaws, and house rules. Some reports may contain maps.

Please contact the Bureau of Conveyances for the most updated map, declaration, and bylaws as they are the final recording agency for the state. You may also contact your association as they are required by law to provide owners an accurate copy of the declaration, bylaws, and house rules, along with other records such as financial statements, contracts, and ledgers pursuant to §514B-154.5, HRS. Please review the Commission’s brochure on “Obtaining Documents From The Bureau of Conveyances.”

Should you still wish to request a copy of the documents the REB may have, please submit an UIPA request to access a government record form to this office. You will receive a notice to requester with the office’s capacity to meet your request. If the document request can be met, any fees will be noted. Fees may be paid in cash in person at the cashier’s office, or by a check mailed to the Hawaii Real Estate Branch, payable to the DCCA. Do not mail cash.

Revised 5/30/2025

The Hawaii Real Estate Commission (“Commission”) only receives maps during the initial submission for a Developer’s Public Report or if the developer files an amendment or amended report that changes the map. Furthermore, the Commission does not receive any updates whatsoever to the Developer’s Public Report once the developer sells all units. Any changes by the association are not reported to the Commission and thus the Commission has no records of any changes by an association to a CPR map.

The Commission only retains supporting documents for ten years. Once ten years from submission has passed, the supporting documents, including the ten year old map, are destroyed. The Developer’s Public Reports are retained currently indefinitely, but most do not contain maps. You may access the database for all Developer’s Public Reports here. The map number and recording system (regular or land court) are generally located on page 10 of a chapter 514B, HRS, report and page 6 or 7 of a chapter 514A, HRS, report.

For updated maps, please contact the Bureau of Conveyances or the respective association for the condominium map you are searching for. You may request the maps from the Bureau of Conveyances via the online condominium map form. Maps can also be viewed in person in the Bureau of Conveyances reference room prior to purchase.  Please have the map number and recording system for reference. Be aware that Bureau of Conveyances staff are unable to provide the contents of the map via phone or locate any information other than the map.

Revised 5/22

The Hawaii Real Estate Commission only has limited authority and jurisdiction over condominium association of units of owners (AOUOs) governed by HRS, chapter 514B.

The Commission has no authority or jurisdiction over homeowners associations/planned community associations or cooperatives. Homeowners associations/planned community associations are governed by HRS, chapter 421J and cooperatives by HRS, chapter 421I.

Currently, there is no state government agency with jurisdiction, oversight or responsibility of either chapter.

You may call the Hawaii State Bar Association for a legal expert referral at (808) 537-1868 for any issues or concerns regarding homeowners associations/planned community associations or cooperatives.

Revised 4/29/2019

The Hawaii Real Estate Branch solely handles condominiums and real estate licensees such as brokers, sales agents, and real estate education providers.

Real estate appraisers is a separate office within the Department of Commerce and Consumer Affairs. Please see their website.

Assistance with landlord-tenant issues can be found at the Landlord-Tenant Information Center. They are open from 8:00 am to 12:00 pm Monday through Friday except for holidays at (808) 586-2634.

Permitting and subdividing are county jurisdictions:

• Kauai Building Division
• Kauai Planning Department – Subdivision
• City and County of Honolulu – Department of Planning and Permitting
• Maui Department of Planning
• Maui Public Works – Subdivision Section
• County of Hawaii Department of Public Works

The process of subdivision is handled at the county level through their respective permitting and/or subdivision offices, but certain subdivisions do need to register with the DCCA’s subdivision program in order to sell property.

County government has jurisdiction over short term vacation rentals:

• City and County of Honolulu – Short Term Vacation Rentals
• County of Maui – Short Term Vacation Rentals
• Kauai County – Short Term Transient Vacation Rentals
• County of Hawaii – Planning Department – Short Term Vacation Rentals

Does the Hawaii Real Estate Commission have subdivision public offering statements or timeshare disclosure statements?

No. The Hawaii Real Estate Commission does not handle the registration of subdivisions, to which some subdivisions must file a public offering statement. Please check with the DCCA’s subdivision program for assistance with that matter.

The Hawaii Real Estate Commission also does not handle the timeshare disclosure statements. Please check with the DCCA’s timeshare program for assistance with that matter.

Please check PVL’s contact list for the current mailing, email, and phone number for the respective programs.

The Hawaii Real Estate Commission and Branch occasionally are requested to join task forces to address various issues. Final and interim reports can be found below:

Act 278 – Study of Subdivision and CPR on Agricultural Lands on Oahu Report

Act 189 – Planned Community Association Oversight Task Force Interim Report

11.22.24

1/15/13 [OCP]

The Hawaii Residential Landlord/Tenant Code Handbook is published by the State of Hawaii, Office of Consumer Protection. If you wish to purchase a copy of the handbook, it is available at the Department of Commerce and Consumer Affairs in the King Kalakaua Building at 335 Merchant Street in the Cashier’s office on the third floor and also at the Office of Consumer Protection, 235 South Beretania Street, Room 801. The handbook costs $2.00 and may also be purchased by mail. Send a written request to: The Cashiers Office; Department of Commerce and Consumer Affairs; Post Office Box 541; Honolulu, HI 96809. Checks are to be made payable to the Department of Commerce and Consumer Affairs.

If you have further questions about obtaining a handbook or questions about the Landlord/Tenant Code itself, call the Office of Consumer Protection’s Residential Landlord/Tenant Hotline at 586-2634 Monday through Friday, 8 am to 12 noon.

For a complete copy of the Hawaii Residential Landlord/Tenant Code, you may go to any public library’s reference section and photocopy Chapter 521 of the Hawaii Revised Statutes. You will also find it on our website www.hawaii.gov/dcca/ocp.

There are four reasons why a particular association current renewal registration information is not on the database:

• The association registration renewal application has a deficiency often related to insufficient fees to problems with their fidelity bonding. Lack of fidelity bonding is the most common occurrence for no approval for an association registration renewal. The renewal application is halted until association and their respective managing agents (if any) fix the deficiencies.
• A number of other associations simply did not file their renewal application entirely and while they face late fees, penalties, a loss of standing in court, and no access to subsidized alternative dispute resolution, it is up to the association to file their association registration renewal application. We regularly remind these associations to file, but the Commission cannot file the application on their behalf.
• The association is no longer in existence as the condominium project has been dissolved and the owners did not notify the Commission of the removal.
• The approved renewal application is in the process of being uploaded by staff and we appreciate your patience and understanding.

2/27/24

Congratulations on getting elected or appointed to the board! Your job as a board member, is the vital task of helping run the association through informed and educated decisions. The Hawaii Real Estate Branch (“Branch”) has a wealth of knowledge to assist you in familiarizing yourself with the issues. We also understand that not everyone has hours to spend getting educated.

On the Resources for Condominium Owners, Boards of Directors & Associations page, look for the Ⓑ symbol. The B circled in red signifies a brochure that board members should read to quickly get up to speed on important condominium association issues. These are quick 1-2 minute reads on various topics such as fiduciary duty, agents of the association, the business judgment rule, owner and board member rights and responsibilities, and other key information. This office recommends reading through the various brochures on the website beyond those marked with the Ⓑ symbol when you have time. In addition, the Branch has an award winning series of 15 short videos – all 5 minutes or less – which you can watch to become familiar with common condominium association topics.

The Branch also hosts much more technical and in depth educational material as well, when you have more time to become educated. There are dozens of lengthy videos covering insurance, meetings, lawsuits, budgets, reserves, assistance and emotional support animals, and many, many more. Every quarter, a new Hawaii Condominium Bulletin is released covering varying topics. You may view our condominium bulletin index going back to 2014 to find specific topics with the link to their respective bulletin.

There is also an email subscription list. Signup to receive quarterly emails about upcoming educational classes, new law updates, new bulletins, and other useful condominium information.

7/10/2023

Looking for help on your condominium insurance issues? Check out our insurance section in the Resources for Condominium Owners, Prospective Buyers, Board of Directors, & Associations page.

The Real Estate Branch has heard various form of this question since the repeal of Chapter 514A, HRS.

The failure of a condominium developer to transfer their project into chapter 514B, HRS, does not dissolve, terminate, or otherwise legally end the condominium. That failure of a developer to transfer into chapter 514B, HRS, however, does require the developer to re-register the project to sell developer owned units. Units purchased in an arm’s length transaction from the developer, or purchased from prior purchasers are not impacted and can sell their units pursuant to chapter 508D, HRS, which is the mandatory seller disclosures in real estate transactions. The repeal of chapter 514A, HRS, has no legal impact upon sellers who fall under chapter 508D, HRS.

For more information, please review our resource page on the repeal of chapter 514A, HRS.

4/3/25

The first step to determining what law to apply is determining if your property is a condominium. Sometimes owners have trouble making this determination. The first steps are to check the governing documents to see what law the declaration and bylaws cite. If you see either chapter 514A, or 514B, HRS, in the documents, your property is a condominium. If you bought from a developer, the developer was lawfully required to have given you a paper copy of the project’s Developer’s Public Report.

If you have neither the governing documents or a Developer’s Public Report, you can search on our database for your condominium project here using the Biennial Registration Search database. Should you have evidence that the property is a condominium but cannot locate the Developer’s Public Report in the above database, be aware that the property may be a legal condominium, but was never registered to allow for legal sales with this office. Please contact us at (808) 586-2643 between 7:45 AM – 4:30 PM (Hawaii Standard Time), Monday to Friday, except state holidays for assistance.

Still can’t find it? The property may be a housing co-operative, subdivision, or a rental complex that was never submitted to condominium. Please be aware that the condominium law does not apply to those types of property and this office has no jurisdiction. You can search for your specific property using the various counties’ real property tax websites listed below:

City and County of Honolulu

County of Maui

County of Kauai

County of Hawai’i

Properties that are condominiums will note their condominium status, please see example below:

Revised 1/12/23

Revised 8/16/2018

Revised 1/7/2019

HRS chapter 514A, has been formally repealed on January 1, 2019 pursuant to Act 181, SLH 2017. Read more about the repeal here.

There is no section within Chapter 514B, HRS, that requires an association of unit owners (AOUO) to have or hire a third party managing agent. However, should the declaration or bylaws of a project require a managing agent, then the AOUO would be mandated to follow the governing documents and have a managing agent. Declarations and bylaws may be amended to either add or remove any requirement for a managing agent pursuant to §§514B-32(a)(11), 108(e), and 109(d), HRS.

Large numbers of condominium projects of varying sizes in Hawaii self manage.

Revised 10/16/18

Revised 8/28/18

Revised 8/16/18

Changes to the condominium law are achieved through the legislative process.  Individuals seeking a change in the law are advised to work closely with their legislators to effect any such changes.

Please visit the Hawaii State Capitol website to find and contact your legislators.

Revised 8/16/2018

After much study, the law requiring condominium associations to register with the Real Estate Commission was enacted in 1989 and on January 1, 1990 the registration requirement became effective (HRS § 514B-103). Among other reasons, the law was enacted to:

• Provide basic information to the Legislature and other interested parties about condominium associations and about the availability of educational programs for condominium unit owners funded by the Condominium Education Fund, now known as the Condominium Education Trust Fund;
• Assist the Commission with responding to inquiries on information about condominium projects.
• Allows the Commission to maintain current contact lists to disseminate information on important law changes, such as the chapter 514A repeal of 2017.
• Allow associations to maintain standing in court. Associations that fail to register pursuant to HRS §514B-72(c), “shall not have standing to bring any action to collect or to foreclose any lien for commons expenses or other assessments in any court of this state.” Further be aware, “Any association that fails to register as required by this section or whose registration is rejected or terminated shall not have standing to maintain any action or proceeding in the courts of this State until it registers” pursuant to HRS §514B-103(b).
• Fund and grant access to heavily subsidized mediation and voluntary arbitration to condominium owners and boards to resolve conflicts.

Revised 10/17/24

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A free electronic copy of the condominium law is available here.

A free electronic copy of the condominium rules is available here.

Printed copies are available for mailing, but with a current fee of 25 cents per page for printed copies after the first complimentary copy.

Please email the office at hirec@dcca.hawaii.gov for printed copy requests.

Revised 8/19/19

Revised 8/28/18

Owners should be aware of the changes to the law pursuant to Act 161, SLH 2025:

“Notwithstanding any other provision to the contrary in the declaration, bylaws, or house rules, an association shall provide an electronic copy of its governing documents, as amended or restated, to a unit owner or the unit owner’s authorized agent, upon request, at no cost to the unit owner or the unit owner’s authorized agent.” Act 161, SLH 2026 also removes administrative costs from allowable fees.

Owners and their authorized agents are now entitled to a free electronic copy of the declaration; bylaws; covenants, conditions, and restrictions, and house rules from their respective association.

Revised 12/27/21

Revised 8/28/18

Owners and board members are eligible for subsidized mediation and voluntary binding arbitration if their respective association of unit owners (“AOUO”) has a current biennial registration with the Hawaii Real Estate Commission. You can verify the registration status of an AOUO via the Developer’s Public Report/Association Biennial Registration database and search for specific condominium projects. AOUO registrations are on a two year cycle.

7.5.24

Revised 8/19/24

HRS §514B-148(e) states that except in emergency situations, or with the approval of a majority of the unit owners, a board may not exceed its total adopted annual operating budget by more than twenty per cent during the fiscal year to which the budget applies. HRS §514B-148(h) defines “emergency situation.”  If a dispute arises with regard to exceeding the annual budget, you may resolve it through mediation or arbitration, or by consulting with a private attorney.

8/19/24

A unit owner is behind on their maintenance fees. Is there a limit to how much interest can be charged on the past due amounts?

Section 514B-144(b), HRS, states: “Any past due common expense assessment or installment thereof shall bear interest at the rate established by the association, provided that the rate shall not exceed eighteen per cent per year.”

4/15/25

Associations often have questions about if they can use an online bank or financial institution that has limited or no presence in Hawaii. §514B-149(c)(1), HRS, provides some guidance as the requirements as to where association monies can be deposited:

“(c)(1)  All funds collected by an association, or by a managing agent for any association, shall be:

          (A)  Deposited in a financial institution, including a federal or community credit union, located in the State, pursuant to a resolution adopted by the board, and whose deposits are insured by an agency of the United States government;

          (B)  Held by a corporation authorized to do business under article 8 of chapter 412;

          (C)  Held by the United States Treasury;

          (D)  Purchased in the name of and held for the benefit of the association through a securities broker that is registered with the Securities and Exchange Commission, that has an office in the State, and the accounts of which are held by member firms of the New York Stock Exchange or National Association of Securities Dealers and insured by the Securities Insurance Protection Corporation; or

          (E)  Placed through a federally insured financial institution located in the State for investment in certificates of deposit issued through the Certificate of Deposit Account Registry Service in federally insured financial institutions located in the United States.” [Emphasis added]

Please review the Commission’s prior non-binding interpretations in the Deposit of Association Funds section on what constitutes “located in state.” Pay particular attention to the 02/08/06 CRC Minutes on the Community Association Banc for a detailed discussion of requirements pursuant to §514B-149(c)(1), HRS, namely the “fully staffed office in the State of Hawaii. [where] Customers will be able to review their account records and obtain personal assistance with their banking needs.”

8.29.24

Every condominium is different and has different expenses and reserve requirements. Therefore, no specific dollar amount can be given for any condominium. Instead, a board must make a reserve study (or analysis) of the project to determine if the association has sufficient reserves. A reserve study requires the board to determine: (i) which parts of the project the association is responsible for (e.g. walls, roof, parking lot); (ii) when they will need replacement, maintenance, or repair; and (iii) how much that will cost.

Example: A board’s reserve study indicates that in 10 years the project roof will have to be completely replaced at a cost of $100,000. At present, the association has no money to do the work. The board must collect at least $10,000 a year for the next ten years ($100,000 divided by 10) to ensure that it has a “full” reserve for the roof (i.e. $100,000 to replace the roof 10 years in the future). NOTE: The board does not have to collect $100,000 immediately. The board needs to collect only enough to ensure the association has the necessary amount at the end of ten years. For example, if after 5 years the board has collected $50,000, its roof reserve should be “full” at that point. The roof will still be 5 years from replacement, so the association will still have 5 years to collect the necessary funds. In 1992, the reserves law was amended to permit an association to set aside a “statutory reserve” of at least 50 percent of a full reserve.

Private companies that conduct reserve analyses for condominium associations may be hired to assist associations with their reserve study.

Why not wait until the repair or replacement is necessary before collecting the money from owners?

Fairness. If all condominium owners lived in the same condominium project for life, the owners would eventually pay all the costs of living in the building. However, condominium owners often move and sell their apartments. Unless they pay their share while they own in the project, the costs of ownership will be unfairly divided. Therefore, the reserves law requires that owners pay for deterioration of their condominium project every year, on a pay-as-you-go basis.

Example: An association of 50 owners learns that it will need $100,000 to replace its project roof 10 years in the future. The association has no money now. Instead of collecting $10,000 a year (as in the example above) for 10 years, the association decides to wait 10 years and collect the money by a special assessment of $100,000. One of the 50 owners sells her apartment after 9 years and a new owner moves in. One year later, the board is forced to specially assess all owners $2,000 each ($100,000 divided by 50) for a new roof because the old one is worn out. Thus, the new owner, who had the use of the old roof for only 1 year, pays for 10 years’ worth of use (and deterioration). The previous owner, who had the use of the old roof for 9 years, pays NOTHING. Under the reserves law, the new owner would pay for only 1 year of use; the previous owner would pay for 9 years of use – a fairer result.

Financial Hardship. Many people who buy a condominium can afford to pay their mortgage and monthly maintenance fees but not large special assessments. Some people could even lose their homes if assessments are too large. The reserves law reduces that risk by reducing the need for large special assessments. Instead, the law requires the association to collect the cost of major repairs and replacements as part of the monthly fee.

Mortgage Requirements. Most people who buy condominium apartments need a loan. Many of those people may not be able to obtain loans unless the unit they plan to buy is in a condominium project with sufficient reserves. The apartment and the project act as the security for the loan. Lenders have come to realize that sufficient reserves increase the value of an apartment and a project and demonstrate the owners’ commitment to the efficient operation of the project.

Owners in condominiums without sufficient reserves may find they cannot sell their apartments. If they can sell, the sales price may be less than it should be because fewer lenders are willing to make loans on the apartments.

Insurance Requirements. Insurance companies also realize the importance of reserves to the efficient operation of a condominium. Lack of sufficient reserves can indicate other problems, such as poor maintenance, which, in turn, causes increased hazards and claims.

Audit Requirements. New audit guidelines require an auditor to include information about reserves in the audit report.

Businesslike Operation. A large condominium is a business and should be run like one. It should not stagger from crisis to crisis. In the past, some boards would adopt budgets and then ignore them. Other boards would learn of the need for reserves but fail to collect them, knowing or hoping they would not be around when the reserves were required. A reserve study allows the board to plan – to anticipate problems and expenses rather than simply react to them. A reserve study also provides continuity for new board members.

Revised 11/2/2018

§514B-148(a)(5), HRS has been amended in 2022 and 2023 to require that if the reserve study was not performed by an independent reserve study preparer, that it must be reviewed an independent reserve study preparer not less than every three years. A managing agent with industry reserve study designations shall not be considered as having a conflict of interest.

Changing your managing agent (or board) is unlikely to reduce your maintenance fee. This question is often asked when there have been no or little maintenance fee increases for several years and a new managing agent or new board raises maintenance fees to establish the new reserve. Your new board or managing agent are not just imposing an arbitrary increase. They are following the law. Under the prior law, boards and managing agents who were reluctant to increase maintenance fees could defer maintenance and put little or no money in reserves. The maintenance fee was low only because it did not cover the true cost of operating the project. Owners were not avoiding that cost, only postponing it. Eventually, they paid the true cost through large special assessments.

The reserves law prohibits those practices. It requires reserve planning and collection no matter who serves as your board or managing agent. Therefore, your old board and managing agent will be subject to the same legal requirements on reserves as your new board.

The reserves law does not require that the association establish separate accounts for each item. The association must have at least one reserve account at a financial institution. Nevertheless, the association’s records for that account must show separate funds (or entries) for specific items which will cost more than $10,000 to repair, replace, or maintain. This will allow the association to keep track of which money in the account is for which item. Reserves for items which will cost less than $10,000 can be lumped together in one fund or entry on the association records. The administrative rules establish a minimum expenditure limit for reserves items – either a dollar amount or a percentage of the association’s overall budget – so that an association will not have to establish a reserve for things like mops and buckets. The reserves law also allows a board to use reserves established for one purpose for another purpose. The administrative rules require the board to notify the owners that the change in use is being made.

If your condominium association documents conflict with the reserves law, the requirements of the reserves law will take precedence over the requirements in the project documents. Generally, the requirements of state law override requirements in private agreements such as declarations and bylaws.

Owners can request mediation or arbitration or go to court to persuade their boards to follow the reserves law. The reserves law requires a reserve study and the funding of reserves. Owners may have a cause of action against their boards for breach of fiduciary duty if the boards fail to follow those legal requirements. As a result, board members who ignore the reserves law may be subject to personal liability. Boards who fail to follow the reserves law will also be denied the good faith exemption for those who try to follow the law.

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The Hawaii Real Estate Branch solely handles condominiums and real estate licensees such as brokers, sales agents, and real estate education providers.

Real estate appraisers is a separate office within the Department of Commerce and Consumer Affairs. Please see their website.

Assistance with landlord-tenant issues can be found at the Landlord-Tenant Information Center. They are open from 8:00 am to 12:00 pm Monday through Friday except for holidays at (808) 586-2634.

Permitting and subdividing are county jurisdictions:

• Kauai Building Division
• Kauai Planning Department – Subdivision
• City and County of Honolulu – Department of Planning and Permitting
• Maui Department of Planning
• Maui Public Works – Subdivision Section
• County of Hawaii Department of Public Works

The process of subdivision is handled at the county level through their respective permitting and/or subdivision offices, but certain subdivisions do need to register with the DCCA’s subdivision program in order to sell property.

County government has jurisdiction over short term vacation rentals:

• City and County of Honolulu – Short Term Vacation Rentals
• County of Maui – Short Term Vacation Rentals
• Kauai County – Short Term Transient Vacation Rentals
• County of Hawaii – Planning Department – Short Term Vacation Rentals

Resources for Condominium Developers, Condominium Managing Agents, & Condominium Hotel Operators

Yes and no. Condominium is an entirely separate process from subdivision, which is handled at the county level. The subdivision process creates separate parcels that are free and clear from any other property. Subdivision also requires a sizable amount of additional infrastructure to be built per county codes. Condominium creates exclusive use limited common area and common areas, but owners have an interest in the whole undivided property.

Condominium units are fundamentally different from subdivided lots in development as the building rights, if any, on a condominium are for the entire undivided property, which may result in certain units not being permitted to construct homes. Condominium units do not have the same development privileges as subdivided lots.

The DCCA does handle the registration of some subdivisions for sale, but does not perform the actual subdivision. Please see the Subdivision licensing area.

Revised 9/16/24

A developer, as defined by section 514B-3, HRS:

“‘Developer’ means a person who undertakes to develop a real estate condominium project, including a person who succeeds to the interest of the developer by acquiring a controlling interest in the developer or in the project.”

Thus, you must be a developer to do a condominium.

1/13/2023

A developer, as defined by section 514B-3, HRS:

“‘Developer’ means a person who undertakes to develop a real estate condominium project, including a person who succeeds to the interest of the developer by acquiring a controlling interest in the developer or in the project.”

Thus, you must be a developer to do a condominium.

1/13/2023

A developer, as defined by section 514B-3, HRS:

“‘Developer’ means a person who undertakes to develop a real estate condominium project, including a person who succeeds to the interest of the developer by acquiring a controlling interest in the developer or in the project.”

Thus, you must be a developer to do a condominium.

1/13/2023

In the process of registering a condominium project for sale, a developer is required to submit certain documents for initial sale to the Hawaii Real Estate Branch (“REB”). The registration application is maintained for ten years, after which the application documents are destroyed pursuant to department file retention policies. Developers may not have updated their reports for changes, may have sold all the units thus ending their reporting requirements, and associations who took control of the project after the end of the developer control period do not have authority to update the registration application. It is highly likely that the map, declaration, bylaws, house rules, sales agreements, and other required documents required during submission that the REB maintains are out of date for older projects.

Should developers or their agents need to review or obtain copies of supporting documents in the developer’s public report (“DPR”), please review our May 2025 brochure on that process.

The Commission maintains a public database of Developer’s Public Reports, but these reports generally contain at most limited summaries of the declaration, bylaws, and house rules. Some reports may contain maps.

Please contact the Bureau of Conveyances for the most updated map, declaration, and bylaws as they are the final recording agency for the state. You may also contact your association as they are required by law to provide owners an accurate copy of the declaration, bylaws, and house rules, along with other records such as financial statements, contracts, and ledgers pursuant to §514B-154.5, HRS. Please review the Commission’s brochure on “Obtaining Documents From The Bureau of Conveyances.”

Should you still wish to request a copy of the documents the REB may have, please submit an UIPA request to access a government record form to this office. You will receive a notice to requester with the office’s capacity to meet your request. If the document request can be met, any fees will be noted. Fees may be paid in cash in person at the cashier’s office, or by a check mailed to the Hawaii Real Estate Branch, payable to the DCCA. Do not mail cash.

Revised 5/30/2025

Developers that are applying for a Developer’s Public Report on where the condominium project that contains a structure more than twelve months after the completion of the construction, must provide a county verified letter pursuant to HRS section 514B-84(a)(2) that:

“The structures are in compliance with all zoning and building ordinances and codes applicable to the project at the time it was built, and specifying, if applicable:
(i) Any variances or other permits that have been granted to achieve compliance;
(ii) Whether the project contains any legal nonconforming uses or structures as a result of the adoption or amendment of any ordinances or codes; and
(iii) Any violations of current zoning or building ordinances or codes and the conditions required to bring the structure into compliance; or

(B) Based on the available information, the county official cannot make a determination with respect to the matters described in subparagraph (A);”

To alleviate confusion some developers and their attorneys have in asking their respective counties for these letters, the Real Estate Branch has provided several copies of such letters. These letters were pulled from publicly accessible developer’s public reports.

Kauai County Conversion Letter

Maui County Conversion Letter

City and County of Honolulu Conversion Letter

Hawaii County Conversion Letter 

Developers that are applying for a Developer’s Public Report on agriculturally zoned land must provide a county verified letter that the “project’s declaration, condominium map, bylaws, and house rules does not include any restrictions limiting or prohibiting agricultural uses or activities, in compliance with section 205-4.6” pursuant to HRS section 514B-52(b).

To alleviate confusion some developers and their attorneys have in asking their respective counties for these letters, the Real Estate Branch has provided several copies of such letters. These letters were pulled from publicly accessible developer’s public reports or from the respective county website.

Kauai County Letter – Compliance Letter

Maui County Letter

Maui County Request Process

City and County of Honolulu Letter

Hawaii County Letter 

8/14/25

No. There is no legal requirement that a developer must hire a lawyer to prepare the Developer’s Public Report and prior developers have prepared the registration themselves.

The Hawaii Real Estate Branch does have recommendations should a developer attempt to self-prepare the documentations:

• A developer by law must use the services of a licensed architect, engineer, or surveyor to prepare the map pursuant to section 514B-34(a), HRS.
• The developer’s public report process is made of two parts, the report itself that is made available to the public and the supporting documents such as the declaration, map, entity certificate of good standing, escrow agreement, financing/bonding agreements. The document checklist provides a lengthy and comprehensive list of documents that must be provided.
• Review the “So You Want To Go Condo” brochure.
• Confirm with the local county office in charge of permitting and zoning that what the developer intends to build is permissible under all county rules, regulations, zoning, and ordinances for that piece of property.
• Review the chapter 514B, HRS, forms, general information, and checklists PDFs.
• Review the “Developer’s Guide – Avoiding Common Errors: Chapter 514B, HRS, Developer’s Public Reports” PDF located in the forms page.
• Review or request a copy of a similar project’s supporting document packet. Prospective developers can search for prior projects using the Developer’s Public Report database located on the Resources for Condominium Developer’s page. Every project is assigned a registration number, with more recent projects in the 8000s series. Users can filter by various criteria, including location, zoning, and size. Reviewing how another project structured its supporting document packet can help a prospective developer in the registration process.
  • All document requests to review or for copies must use the Office of Information Practice’s document request form: “Request to Access A Government Record.”

Yes, a title report is required with an application for a Developer’s Public Report.

While a title report is not explicitly listed in section 514B-54, HRS,  as a required document, section 514B-54(a)(10), HRS, grants the Hawaii Real Estate Commission authority under to mandate “other documents and information that the commission may require.” Furthermore, section 514B-83(a)(8), HRS, requires the Developer’s Public Report to document “other facts, documents, or information that would have a material impact on the use or value of a unit or any appurtenant limited common elements or amenities of the project available for an owner’s use, or that may be required by the commission.” The title report serves as an indispensable tool to find easements, covenants, conditions, and restrictions, agreements, and liens to meet the requirements under section 514B-83(a)(8), HRS, that would materially impact the value of the property to a prospective buyer.

Please review the document checklist for the required documents.

10.15.25

The condominium law requires that most projects be registered with the issuance of an effective date by the Hawaii Real Estate Commission prior to any sales, pursuant to sections 514B-81 and 82, HRS, and thus developers and their agents often ask what advertising is allowed prior to a registration.

The condominium law has two key prohibitions for pre-registration solicitation pursuant to section 514B-85, HRS. Prior to a registration, developers or their agents  “shall not collect any moneys from prospective purchasers or anyone on behalf of prospective purchasers.” Developers also “shall not require or request that a prospective purchaser execute any document other than a nonbinding preregistration agreement.” The short answer is in the act of advertising prior to the effective date, no moneys can be exchanged and no binding agreements can be signed.

5/15/2019

Yes. Developers are required to use a broker to sell units as they are explicitly not exempted from section 467-2(1), HRS.

Updated 12/9/19

Act 62, SLH 2022, mandated that the Developer’s Public report include a “breakdown of the annual maintenance fees, which includes the annual reserve contributions based on a reserve study.” The requirement for a reserve study to be conducted to determine the annual reserve contributions has resulted in confusion by developers and their agents in if this mandates hiring a reserve specialist. Currently, as written in chapter 514B, HRS, a reserve study preparer is only required by a condominium association to review its reserve study at least once every thee years pursuant to section 514B, 148(a)(5), HRS.

Therefore, a developer during the application for a Developer’s Public report can self conduct the reserve study needed to determine the annual reserve contributions as required by Act 62, SLH 2022.

If a developer or their non-reserve study preparer agent is conducting the reserve study, they should be aware that the study should cover all components the association is responsible for, that have a limited useful life generally within thirty years, that can be reasonably predicted as to their remaining useful life, and are of significant cost to require being reserved for rather than being treated as an operating cost. Common components often include roads and driveways, water treatment and waste disposal systems, elevators, spalling, roofs, plumbing, windows, and electrical.

Please review the related FAQ: My Project Has No Common Elements, What Should My Reserve Study Look Like?

1.10.25

Act 62, SLH 2022, mandated that the Developer’s Public report include a “breakdown of the annual maintenance fees, which includes the annual reserve contributions based on a reserve study.” However, this office recognizes that not every condominium project has or will have common elements that require reserves. Act 62, SLH 2022, provides no exemption to such projects and thus projects with no common elements or will not have common elements still must provide a reserve study and an estimated annual reserve contribution.

Please review this example of an acceptable reserve study for projects that do not contain or will not contain common elements.

Be aware that during the review, the attached reserve study will be examined to see if it the reserve the study covers all components the association is responsible for, that have a limited useful life generally within thirty years, that can be reasonably predicted as to their remaining useful life, and are of significant cost to require being reserved for rather than being treated as an operating cost. Developers will be required to amend the study and their reports for omitted components that meet the above requirements.

For a binding sale to occur, the developer must comply with section 514B-86, HRS. That section notes what documents must be provided to a purchaser in paper. Of those documents, if a “prospective purchaser, or purchaser [indicates] in a separate writing their election to receive the required condominium’s declaration, bylaws, house rules, if any, letter-sized condominium map, and all amendments through means of a computer disc, e-mail, download from an internet site, or by any other means contemplated by chapter 489E.”

Note that this section explicitly omits the developer’s public report from being allowed to be delivered by an electronic means and therefore the developer must provide a printed copy of the developer’s public report to a prospective purchaser or purchaser.

10/18/23

Yes. Developers in a project are responsible for all units in the project until all units are sold. Developers, particularly in smaller projects who only contributed a portion of the total property who then proceed to sell the unit they were living in, may reduce their future developer obligations and liabilities through a series of steps. These steps require updating the Developer’s Public Report disclosing their removal as a developer and recording an instrument that transfers their developer rights to the remaining developer(s) or someone else assuming their role as developer.

Revised 1/25/19

§514B-58, Hawaii Revised Statutes, mandates that developers file an annual report until all units in the project undergo a bonafide sale. The report serves as a reminder to the developer to update the developer’s public report for any changes.

A common complaint from small project developers is the lack of exemption for developers who reside in a unit for the long term; however, should a developer intend to sell, the annual report serves as a reminder tool to ensure that developers have disclosed all material and pertinent facts within the developer’s public report.

At the time of sale, developers may forget about non-visible changes to the property, such as modifications to easement rights, view plane building restrictions,  or bylaws governing commercial and pet practices, which may materially impact the value and usage of a unit to a buyer. The annual report serves to remind developers to promptly update their developer’s public reports as those changes occur. These continuous updates help to protect the developer from accusations of fraud and omission in a later sale by providing an up-to-date and standardized disclosure document to buyers.

Please review the form

Revised 7/2020

Congratulations on your final sale! However, you still have a few obligations as your time as developer ends:

Please file your annual report with the Commission noting that all units have been sold. You now have no obligation to update the Developer’s Public Report.

Set up the association’s required bank accounts, insurance, and other requirements to create and operate the association if you have not already done so.

Turn over control of the association to the owners if you have not already done so pursuant to section 514B-102, HRS, and review any remaining developer rights you may have.

Revised 1/25/19

No. This is strictly prohibited. For a contract to be binding, the developer pursuant to §514B-86, HRS, must provide a true copy of the developer’s public report. Without amending the developer’s public report or registering the newly created units via a phase registration, the developer cannot meet the requirement of providing a true copy of the developer’s public report as the newly created units were not disclosed in that report.

Those newly created units are unregistered, not covered under any developer’s public report and have not met the legal requirements for sale.

10/30/25

As a developer, or an original owner in a group of owners who had one individual act as developer (Hui), did my project transfer into chapter 514B, HRS, from chapter 514A, HRS?

The requirements for the transfer into chapter 514B from chapter 514A, HRS, were that the developer’s public report be active and accurate between January 1, 2019 and July 1, 2020. You can check this by reviewing the effective date or extension date of the most recent report on our database, or on the physical copy of the report or a letter sent to you by the Hawaii Real Estate Commission. Please review this sample for examples of both.

Updated 7/2020

Link

Amending your transferred chapter 514A, HRS project under chapter 514B, HRS utilizes the chapter 514B, HRS forms. Developers use the chapter 514B, HRS, amendment form located on the forms section.

Please review the “Developer’s Guide – Avoiding Common Errors: Chapter 514B, HRS, Amendments to the Developer’s Public Reports” PDF as it contains frequently asked questions on the second page about the specifics, namely that the developer attaches the relevant pages from the chapter 514B, HRS, form with the updated information to the chapter 514B, HRS, amendment form.

To engage in legal sales for units that were never sold, the project must re-register under chapter 514B, HRS. This includes units that are owned by the developer, the inheritors of original owners, and “hui” owners who delegated developer power to a specific individual but were original owners and never sold their units. Please review our developer memo for guidance in this process.

Please review the required forms and general information.

Please review the history of the repeal of chapter 514A, HRS.

Revised 8/13/2020

I have an active Hawaii real estate broker license, can I register as a condominium hotel operator?

Pursuant to the instructions:

“The registration and fidelity bond requirements shall not apply to condominium hotel operators who hold an active real estate brokers license.”

Thus, holders of such a license are exempted from the registration requirements and will run any such operations through their brokerage.

5.9.24

An Association that cannot obtain fidelity coverage from an insurance carrier registered with the Department of Commerce and Consumer Affair’s Insurance Division can request an exemption under three criteria:

(1) Sole Owner

(2) 100% Commercial Use

(3) 20 or Fewer Units

Otherwise, lack of fidelity bond coverage will result in the loss of registration for that time period, removing the Association’s standing in court as well as access to subsidized mediation.

4.17.25

No. Cooperatives, which fall under chapter 421I, HRS, and homeowner’s associations which fall under chapter 421J, HRS, do not register with the Hawaii Real Estate Commission. The Hawaii Real Estate Commission has no jurisdiction over these types of community associations and thus does not register either during the biennial registration period for condominium association of unit owners (“AOUO”). Furthermore, every AOUO or their contact person is mailed a reminder about the AOUO registration. Cooperatives and chapter 421J, HRS, homeowners associations are not mailed this reminder.

4.17.25

Pursuant to section 514B-103, HRS, only projects or associations with more than five units must register their association and maintain fidelity bonding. Thus, projects or associations with five or fewer units do not register their associations.

Should a number of small projects merge their associations and reach the six unit threshold, then the association would be required to register and maintain fidelity bonding.

9.3.25