Hawaii Planned Community Covenant Enforcement & Mediation

Section 421J-13(a) provides that 'any dispute concerning or involving one or more members and an association... relating to the interpretation, application, or enforcement of this chapter or the association documents, shall first be submitted to mediation' at the request of any party. Mediation is not required for actions to collect assessments, personal-injury claims, equitable relief involving threatened property damage or health and safety, or claims over $2,500 where insurance would be unavailable if mediation were pursued (§ 421J-13(b)). If mediation is not completed within two months, none is further required (§ 421J-13(c)). Section 421J-10 awards reasonable attorneys' fees and costs to the prevailing party in covenant-enforcement suits; a member must usually mediate first or sue in small claims to preserve fee protection. Chapter 421J contains no architectural-control statute, so covenant and design standards are enforced as written in the declaration and rules.

An owner who violates a validly recorded covenant may face an enforcement suit and liability for the association's reasonable attorneys' fees and costs under § 421J-10 if the association prevails; if the member prevails, fees shift to the member. Many enforcement disputes must first go to mediation under § 421J-13, except assessment-collection, safety, personal-injury, and certain insured claims over $2,500.