🏢 Hawaiʻi Condominium Disputes: What Owners and Boards Should Know

Condominium disputes in Hawaiʻi can often be addressed through mediation or other alternative dispute-resolution options before a case reaches court.

Under Hawaiʻi’s condominium law, certain disputes involving the interpretation, application, or enforcement of an association’s declaration, bylaws, or house rules may be submitted to mandatory mediation. Voluntary binding arbitration is also available in certain circumstances.

How Mediation Works

Mediation gives condominium owners and boards an opportunity to work with a neutral third party to try to resolve a dispute without going directly to litigation.

The Hawaiʻi Real Estate Commission supports and subsidizes mediation for eligible condominium associations that maintain the required registration. The program is intended to provide a more accessible way to resolve disputes involving condominium governance.

What Types of Disputes Can Be Involved?

Depending on the circumstances, condominium disputes may involve:

• Interpretation or enforcement of association bylaws
• House-rule violations
• Disagreements between owners and boards
• Certain disputes involving common expenses or other assessments
• Issues involving maintenance or common elements
• Other matters covered by Hawaiʻi’s condominium dispute-resolution provisions

Not every dispute is subject to mandatory mediation. The Real Estate Branch specifically notes exceptions involving matters such as certain property-damage, health and safety, personal-injury, and insurance issues.

What This Means for Condo Owners and Boards

If a dispute develops, owners and boards should first review the association’s governing documents and determine what dispute-resolution procedures apply.

For eligible disputes, mediation may provide an opportunity to resolve the matter without the expense and time associated with litigation.

The Hawaiʻi Real Estate Branch recommends using communication and alternative dispute resolution where appropriate before pursuing a court action.

A Practical Reminder

Condominium owners should:

• Review their association’s bylaws and house rules
• Keep records of notices, communications, payments, and other relevant documents
• Ask whether mediation or arbitration is available
• Confirm that the condominium association is properly registered
• Seek legal advice when the dispute involves significant financial or legal consequences

Boards should likewise maintain appropriate records and follow the procedures required under Hawaiʻi condominium law and the association’s governing documents.

Reliable Resources

• Hawaiʻi Department of Commerce and Consumer Affairs — Real Estate Branch
• Hawaiʻi Real Estate Commission — condominium mediation and arbitration resources
• Hawaiʻi Revised Statutes, Chapter 514B — condominium law
• Local mediation providers serving condominium owners and associations

Condominium dispute-resolution requirements can depend on the type of dispute and the association’s governing documents. Owners and boards should verify the current requirements with the Hawaiʻi Real Estate Branch or consult qualified legal counsel before taking legal action.