Start with the basics. After the next page, you can submit right away or
add more detail if you have documents and roster information ready.
Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (HRS ch. 421J)
Most non-condominium Hawaii HOAs are governed by the Hawaii Planned Community Associations Act (Haw. Rev. Stat. ch. 421J), which applies to associations existing on or created after June 16, 1997. The recorded declaration generally controls how the CC&Rs are amended; the Act supplies a default only where neither the documents nor other law set a procedure, in which case a declaration may generally be amended by owners holding three-fourths of the votes (Haw. Rev. Stat. § 421J-12). Meetings are generally conducted under Robert's Rules of Order (Haw. Rev. Stat. § 421J-6), and no state agency oversees these associations.
Condominiums (HRS ch. 514B)
Hawaii condominiums are governed by the Condominium Property Act (Haw. Rev. Stat. ch. 514B), which applies to projects created after July 1, 2006 and, in key respects, to older ones as well. The declaration generally controls, but the Act sets a default that the declaration may be amended by unit owners representing at least sixty-seven per cent (67%) of the common interest, unless the declaration requires a higher percentage (Haw. Rev. Stat. § 514B-32). An amendment generally becomes effective only when it is recorded in the Bureau of Conveyances or registered in the Land Court.
How the vote can run
For condominiums, owners may generally vote by mail or by electronic transmission through a duly executed proxy, and the board may use machine or electronic voting and hold remote meetings in defined situations (Haw. Rev. Stat. §§ 514B-121, 514B-123). At least 14 days' written notice with an agenda is generally required, and ballot secrecy and a printed audit trail are generally expected where electronic voting is used. Planned-community votes generally follow the association's own documents and Robert's Rules, so the right method depends on what your declaration and bylaws say.
Before we quote
Hawaii details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Hawaii vote has to answer.
Whether you are a condominium (Haw. Rev. Stat. ch. 514B) or a planned community/HOA (Haw. Rev. Stat. ch. 421J) changes the default rules and the vote math.
The recorded declaration/CC&Rs control: it may set a higher threshold or a specific amendment procedure that overrides the statutory default.
The condominium default to amend the declaration is generally at least 67% of the common interest, which is weighted by each unit's common interest rather than a simple per-owner headcount (Haw. Rev. Stat. § 514B-32).
Planned-community amendments generally follow the documents; only where the documents and law are silent does a three-fourths (declaration) / two-thirds (other documents) default apply (Haw. Rev. Stat. § 421J-12).
Condominium owners may generally vote by mail or electronic transmission through a proxy, with proxies typically due by 4:30 p.m. on the second business day before the meeting (Haw. Rev. Stat. § 514B-123).
Machine or electronic voting and remote meetings for condominiums are generally available during a declared emergency or when approved in advance by a majority of owners (Haw. Rev. Stat. § 514B-121).
Notice is generally at least 14 days, and the agenda generally must describe the proposed amendment and its rationale (Haw. Rev. Stat. §§ 514B-121, 421J-3.5).
An amendment generally becomes effective only once recorded in the Bureau of Conveyances or registered in the Land Court, and certain changes can also require affected-owner or mortgagee consent.
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