A homeowners’ association (HOA) is an organization created to manage a multi-unit residential real estate development (such as a condominium) in which each owner of a unit has both a separate ownership interest (often everything inside the front door)—and a common ownership interest (with other unit owners) in the common areas of the property outside the front door—such as roofs, hallways, driveways, walkways, stairways, stucco, brick, paint, stone, and landscaping.
Homeowners’ associations are often created by a document known as the declaration of covenants, conditions, and restrictions (declaration or CC&Rs) or a similar document that is filed in the local (county) records by the developer of the property.
Homeowners’ associations are generally governed by a board of directors (board), elected by the homeowners as provided by the HOA’s declaration and bylaws. Unit owners or homeowners in the association are required to pay monthly HOA dues for the maintenance and repair of the common areas of the property and its insurance.
In Hawaii, homeowners' associations (HOAs) are governed by state statutes and the specific governing documents of the association, which typically include the declaration of covenants, conditions, and restrictions (CC&Rs), bylaws, and rules and regulations. These documents are recorded with the county where the property is located and set forth the rights and obligations of the unit owners, as well as the powers and duties of the HOA's board of directors. The board, elected by the homeowners, is responsible for managing the common areas, enforcing the governing documents, and collecting monthly dues from homeowners to cover the costs of maintenance, repair, and insurance for common areas. Hawaii's Condominium Property Act and Planned Community Association Act provide the regulatory framework for the creation and operation of HOAs in the state, including provisions for the management of common areas, the election and meetings of the board, and the assessment and collection of HOA fees.