Hawaii HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of Hawaii HOA Law Changes 2021–2025</h2>

<p>Hawaii condominium associations (Apartment Owner Associations, or AOAOs) and planned community associations are governed by the Hawaii Condominium Property Act (HRS Chapter 514B) and the Planned Community Associations Act. Hawaii has been among the most active states in strengthening structural safety and reserve fund requirements for condominiums, particularly following the 2021 Champlain Towers South collapse in Surfside, Florida. Here's a session-by-session breakdown of Hawaii's major HOA and condo law changes from 2022 through 2024.</p>

<h2>2022 Legislative Session</h2>

<h3>HB 2511 / SB 2842 — Condominium Reserve Study and Funding Requirements Strengthened</h3>

<p>Following heightened national awareness of structural safety risks in aging condominium buildings, Hawaii strengthened its reserve study requirements significantly. Condominium associations must now conduct a full reserve study every 3 years — reduced from the previous 5-year cycle — and the study must include an engineer's structural assessment of major building components, not just cost estimates. The reserve study must be performed by or reviewed by a licensed professional engineer. Underfunded reserves must be addressed through a board-adopted reserve remediation funding plan within 2 years of a study identifying the shortfall. This is one of the most aggressive reserve study and funding mandates in the country for condominium associations. Boards that have been operating on 5-year reserve study cycles must immediately accelerate to 3-year cycles.</p>

<h3>SB 3143 — AOAO Manager Licensing Enforcement Strengthened</h3>

<p>Hawaii has long required condominium managing agents to hold a license issued by the Real Estate Branch of the Department of Commerce and Consumer Affairs (DCCA) under HRS Chapter 467. SB 3143 strengthened enforcement by granting the DCCA explicit authority to suspend or revoke a managing agent's license for: (1) failure to maintain required client trust accounts separate from the management company's own funds; (2) commingling of association funds with personal or company funds; or (3) failure to maintain proper records of all transactions. Boards should confirm that their management company's license is current and that their management agreement includes trust account segregation requirements consistent with DCCA standards.</p>

<h2>2023 Legislative Session</h2>

<h3>HB 1049 — Structural Inspection Mandate for Aging High-Rise Condos</h3>

<p>HB 1049 required Hawaii condominium associations in buildings over 3 stories and more than 25 years old to commission a structural integrity inspection by a licensed structural engineer. The first inspection was due by December 31, 2025. The inspection must assess the structural soundness of the building's major load-bearing components, including foundation, columns, beams, slabs, and any below-grade parking structures. Results must be disclosed to all unit owners in writing within 30 days of the board's receipt of the report. Inspection reports must be retained in the association's records for a minimum of 10 years. Boards of older Hawaii high-rise buildings that have not yet scheduled their structural inspection are now out of compliance with state law and face significant liability exposure.</p>

<h3>SB 1261 — EV Charging Rights for Condo Owners</h3>

<p>SB 1261 amended HRS § 514B to prohibit condominium associations from unreasonably restricting unit owners from installing EV charging equipment in their assigned parking stalls. Associations may require design review and board approval (which must be granted or denied within 60 days of a complete application), require that installation be performed by a licensed electrician, and require that owners maintain and insure their charging equipment. However, associations may not deny a properly submitted installation request without documented cause related to electrical capacity, building safety, or structural concerns. Hawaii's high electric vehicle adoption rate makes this a critical policy area for condo boards — associations without a written EV charging installation policy are operating without adequate governance structure for an increasingly common member request.</p>

<h2>2024 Legislative Session</h2>

<h3>HB 2313 — Solar Panel Rights in Condos and Planned Communities</h3>

<p>HB 2313 expanded Hawaii's existing solar energy rights to apply to all condominium associations and planned community associations, prohibiting governing documents from restricting rooftop solar installation beyond reasonable placement guidelines. Given Hawaii's aggressive renewable energy mandates and high electricity costs, solar installation has become economically compelling for many Hawaii homeowners and associations. Community solar programs — where the association installs panels on common area roofs and allocates net metering credits to unit owners based on their proportionate share — are expressly authorized under this legislation. Boards interested in community solar should consult with a solar developer and legal counsel about the feasibility of a common element solar program.</p>

<h3>SB 2729 — Short-Term Rental Restriction Authority</h3>

<p>SB 2729 clarified that Hawaii condominium and planned community associations have full authority to adopt and enforce restrictions on short-term rentals (under 30 days), including outright prohibitions on platforms such as Airbnb and VRBO. Any restriction adopted by a valid supermajority vote consistent with the association's amendment procedures is fully enforceable as a matter of contract against all current and future owners. Given Hawaii's significant short-term rental market and the associated impact on residential communities, many associations have adopted or are considering short-term rental restrictions. Boards pursuing such restrictions should ensure the amendment follows the proper statutory amendment procedures and is recorded in the Bureau of Conveyances.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Accelerate reserve study cycle to every 3 years — ensure each study includes an engineer's structural assessment</li>

<li>If reserves are underfunded, adopt a written remediation funding plan within 2 years</li>

<li>Confirm management company's AOAO managing agent license is current and trust accounts are properly segregated</li>

<li>Schedule a structural integrity inspection for any building over 3 stories and 25 years old — deadline was December 31, 2025</li>

<li>Adopt a written EV charging installation policy with a 60-day approval timeline</li>

<li>Audit CC&amp;Rs for solar restrictions — amend any provisions that impose outright bans</li>

<li>If pursuing short-term rental restrictions, follow the statutory amendment procedure and record the amendment</li>

</ul>

<h2>How APM Helps Hawaii HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service monitors Hawaii condominium law updates and provides client boards with compliance guidance on reserve studies, structural inspection requirements, EV charging policies, and short-term rental governance. <a href="/remote-hoa-management/hawaii">Learn about our Hawaii remote management services</a>.</p>

<p><em>Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Hawaii attorney for guidance specific to your community.</em></p>