Hawaii's Planned Community Associations law, Haw. Rev. Stat. Chapter 421J, contains no statute authorizing fines, capping fine amounts, or prescribing notice or hearing procedures before a fine. Any fining power comes only from the recorded association documents. Statute mentions fines only to bar nonjudicial foreclosure of a lien arising solely from fines (§ 421J-10.5).
There is no fines statute in Chapter 421J. Unlike Florida or California, Hawaii's planned-community law grants no express fining authority and sets no per-violation cap, aggregate cap, or mandatory notice-and-hearing process for fines. The only statutory reference to fines is in § 421J-10.5(a), which provides that 'no association may exercise the nonjudicial or power of sale remedies... to foreclose a lien against any unit that arises solely from fines, penalties, legal fees, or late fees, and the foreclosure of any such lien shall be filed in court.' Accordingly, whether an association may fine, and any caps or hearing rights, are governed entirely by the recorded declaration, bylaws, and rules. (Hawaii condominiums are governed separately by Chapter 514B, which does address fines.) Enforcement-related attorneys' fees are recoverable under § 421J-10.
No specific statutory penalty. Chapter 421J imposes no fine cap and no statutory fine procedure; any fine, its amount, and any required notice come solely from the association documents. A lien arising solely from fines may not be foreclosed nonjudicially and must be enforced through the courts (§ 421J-10.5).
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Ewa Gentry, HI
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