Hawaii Statewide Rule

Hawaii Planned Community Association Assessments, Liens & Foreclosure

Heavy RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Governing law: Haw. Rev. Stat. §§ 421J-10.5, 421J-9, 421J-10
Lien: Automatic on all unpaid assessments
Foreclosure: By court action or nonjudicial power-of-sale (Ch. 667)
Increase notice: 30 days' written notice before raising regular assessments
Late fee / interest cap: None in statute; set by association documents

Last verified: August 21, 2026

Summary

Under Haw. Rev. Stat. § 421J-10.5, all unpaid assessments automatically become a lien on the unit that the association may foreclose by court action or by nonjudicial power-of-sale under Chapter 667. The board must give 30 days' written notice before any increase in regular assessments (§ 421J-9). Chapter 421J sets no statutory late-fee or interest cap.

§421J-10.5 Association fiscal matters; lien for assessments. (a) All sums assessed by the association, but unpaid for the share of the assessments chargeable to any unit, shall constitute a lien on the unit. The priority of the association's lien shall, except as otherwise provided by law, be as provided in the association documents or, if no priority is provided in the association documents, by the recordation date of the liens; provided that any amendment to the association documents that governs the priority of liens on the unit shall not provide that an association lien shall have priority over a mortgage lien that is recorded before the amendment is recorded.

View official code

Full Breakdown

Section 421J-10.5(a) provides that 'all sums assessed by the association, but unpaid... shall constitute a lien on the unit,' and the lien 'may be foreclosed by action or by nonjudicial or power of sale foreclosure procedures set forth in chapter 667.' Crucially, no association may use the nonjudicial route 'to foreclose a lien against any unit that arises solely from fines, penalties, legal fees, or late fees': those must be filed in court. A recorded lien expires six years from recordation unless enforcement begins. Under § 421J-9 the board must notify members in writing at least 30 days before any increase in regular assessments. Chapter 421J does not cap late fees or interest, leaving those amounts to the association documents. A disputing owner must pay in full, then may demand mediation under § 421J-13 (§ 421J-10.5(c)-(d)).

Violations & Penalties

No criminal penalty. A delinquent owner owes the assessment plus any late fees and interest set by the association documents (Chapter 421J sets no cap), collection costs, and reasonable attorneys' fees under § 421J-10, and ultimately faces foreclosure of the lien and loss of the unit. A lien arising solely from fines or late fees may only be foreclosed judicially.

Frequently Asked Questions

Can a Hawaii HOA foreclose on my home for unpaid dues?

Yes. Haw. Rev. Stat. § 421J-10.5 makes unpaid assessments an automatic lien the association may foreclose by court action or by nonjudicial power-of-sale under Chapter 667. A lien arising solely from fines or late fees, however, can only be foreclosed through the courts.

How much can a Hawaii HOA charge in late fees and interest?

Chapter 421J sets no statutory cap on late fees or interest, so those amounts are governed by your association documents. The board must, however, give 30 days' written notice under § 421J-9 before raising regular assessments.

Can I withhold assessments if I dispute them in Hawaii?

No. Section 421J-10.5(c) states a unit owner 'has no right to withhold assessments for any reason.' You must pay in full, then may demand mediation under § 421J-13 and seek a refund of amounts not owed.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.