Hawaii Planned Community Association Assessments, Liens & Foreclosure

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)).

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.