Got Records? Information for condominium owners in Hawaii
Condominium Associations are self-governing entities and the law provides for a condominium owner, or an authorized agent, to have access to select association information so that he/she can participate in managing the association.
In 2017, the records law was clarified to specify a copy of any contract, written job description, and compensation between the association and any person or entity retained by the association to manage the operation of the property on-site (including general managers, operations managers, resident managers, and site managers) be made available to any unit owner or the owner’s authorized agent by the managing agent, resident manager, board through a board member, or the association’s representative. Personal information may be redacted from the contract copy, including but not limited to the manager’s date of birth, age, signature, social security number, residence address, telephone number, non-business electronic mail address, driver’s license number, Hawaii identification card number, bank account number, credit or debit card number, access code or password that would permit access to the manager’s financial accounts, or any other information that may be withheld under state or federal law. (Act 71, (Session Laws of Hawaii 2017).)
For some records, an affidavit from the condominium owner may be required. RICO offers the following sample affidavits that may be used when requesting certain documents:
RICO offers the following form as a helpful tool for condominium associations to use when responding to a request for documents:
The documents required by law to be made available to owners and their agents are found in Chapter 514B of the Hawaii Revised Statutes. For more information, see RICO’s brochure, “Got Records?” You can also view a short interview about possible changes in the records laws and RICO’s role in the self-governing process.
Filing a complaint with RICO. RICO accepts complaints from owners who are refused access to association documents that are required by law to be made available. Copies of the written request to the association, and, the date and title of each document requested, are needed for RICO to evaluate & process a records complaint.
A note about planned community associations. RICO has jurisdiction over certain portions of the condominium law which is located at Chapters 514A and 514B of the Hawaii Revised Statutes. In general that law applies to condominiums. Planned community associations may operate similarly to condominium associations made up of apartment or unit owners, but, they likely fall within Chapter 421J of the Hawaii Revised Statutes which is outside of RICO’s jurisdiction. Please consult an attorney for information and advice related to these or any other laws.
Whether a RICO complaint has been filed or not, in the interest of self-governance owners are encouraged to resolve records disputes directly with their associations.