What Do Hawaii Laws Say About HOA Violations and Fines
If you've chosen to retire or relocate to Hawaii, you may also opt for condo living, which gives you more time to enjoy life's pleasures. But Hawaii's condo fees, fines, and late charges cost a premium. Fortunately, DoNotPay offers a product to dispute Hawaii HOA fines and late charges, so you won't miss out on enjoying Paradise.
Homeowner association fees routinely cover expenses such as exterior maintenance, landscaping, amenities such as pools and fitness centers, and in some cases, even heat and air conditioning. The trade-off involves limitations on what changes you may make to your property.
Still, HOAs continue to grow in popularity. In 2022, approximately 26% of Americans will make HOA payments.
Hawaii HOA Laws and Regulations Regarding Fines and Fees
Hawaii's HOA laws and regulations allocate much control to the individual HOAs. However, as a particularly environmentally cautious State, Hawaii HOAs must abide by several specific requirements influenced by environmental protections.
Hawaii HOAs cannot prohibit the use of the following:
- The installation of solar energy devices - Haw. Rev. Stat. Section 196-7
- Electric Vehicle Charging Stations - Haw. Rev. Stat. Section 196-7.5
- Clotheslines - Haw. Rev. Stat. Section 196-8.5
Hawaii's HOA laws adopted a more detailed version of the Fair Housing Act. In addition to race, gender, religion, disability status, and sexual orientation as part of the protected groups, they also added ancestry, familial status, and gender identity to the protected groups.
What Should I Expect to Pay for HOA Fines and Late Fees in Hawaii?
HOA fees vary significantly in Hawaii depending on the Island and what the HOA covers. In Honolulu, for example, the fees range from $0.60 to $1.50 per square foot. In the state of Oahu, the HOA dues may vary from $9 to $3,000 monthly. The charges vary depending on the amenities and services.
Overall, Hawaii and New York charge some of the highest HOA fees in the country. It seems you must pay the price to live in Paradise.
In addition to the regular HOA dues, Hawaii HOAs may also charge for the following:
- Return checks
- Payment plan setup
- Violation of community rules
- Attorney fees in the case of a lawsuit
The HOAs secure these fines to balance the budget necessary to maintain the community and provide amenities.
How to Fight HOA Fines and Late Fees in Hawaii:
The HOAs in Hawaii take pride in administering most of the rules and regulations for fees and fines with relatively little government influence. If you do need to dispute an HOA fine or fee, you will need to follow the steps below:
- Know the amount you owe and exactly what it covers.
- Monitor your fees monthly, especially if you're set up with an automatic payment.
- Make sure you know the foreclosure provisions as stated by your HOA board. Hawaiian law permits HOA to take back properties where owners fall significantly behind in payments.
- Understand exactly how your payment is applied.
- If you wish to dispute a charge for a fine or fee, you will need to pay it first. Under Hawaii's Revised Chapter 514B, the 'pay now and challenge later' legislation means you want to pay the fine and get reimbursed later.
- When you dispute the charge or fine, thoroughly document everything involved, including any attorney or miscellaneous fees you acquired to resolve the issue.
- If you don't reach a favorable outcome, the State of Hawaii does offer mediation services. The contact information follows here:
|Hawaii's Real Estate Commission|
|Oahu: Mediation Center of the Pacific||521-6767|
|Maui: Mediation Services of Maui||244-5744|
|Kauai: Kauai Economic Opportunity Offices||245-4077|
|East Hawaii Island: Kuikahi Mediation Center||935-7844|
|West Hawaii Island: West Hawaii Mediation Center||885-5525|
How to Appeal a Fine or Fee From Your HOA in Hawaii Using DoNotPay
Disputing an HOA fine or fee in Hawaii takes time and money and may cause stress and frustration. If you want to get back to sipping your tropical drink and reading a novel on your lanai, DoNotPay's product to dispute HOA fees in Hawaii will help shorten and simplify the process.
All you need to do is to follow these 4 steps:
- Tell us why you received the fine (what violation are you being accused of)?
- Tell us the amount you are being fined for.
- Describe why you think this fine is wrong or unfair. For example, the alleged violation may have incorrect details or you may appeal on the basis that the rule is selectively enforced and discriminatory.
- Enter the date you received this fine and whether or not you received prior warnings.
That's all there is to it! After you complete the steps above, DoNotPay will take care of composing and sending the letter to your HOA. The HOA must resolve the issue within two weeks. If you disagree with the decision, DoNotPay offers products to help you advance the process through Small Claims Court.
Get back to enjoying life and let DoNotPay's product handle your Hawaiian HOA late fee and fine dispute a breeze.
What Else Will DoNotPay Do to Help Me with HOA Concerns?
DoNotPay provides several products that make condo living easier. Check out the products below to see how DoNotPay may help you with various HOA concerns:
- Easily handle an HOA dispute
- Locate an HOA complaint form
- Get help filing a discrimination claim against an HOA
- How to file a noise complaint with your HOA
How Else Can I Save Time and Money with DoNotPay?
DoNotPay offers you products to make managing your everyday financial and business tasks more manageable and assist you with more complicated legal concerns.
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Check out the links below to view a sampling of the products that DoNotPay offers to make your life easier:
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Join us today to appeal your HOA fines in less than 5 minutes!