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On July 11, 2017, Governor Ige signed Act 181 into law, effective January 1, 2019, which will repeal Hawaii Revised Statutes (“HRS”) 514A. While Act 181 is a positive step towards uniformity in Hawaii’s condominium, the repeal of HRS 514A may affect developers and owners who received their unit(s) as a gift or inheritance from […]

After a two-year court battle, MSM’s litigation team, led by partners William McKeon and Keri Mehling, successfully obtained an injunction for an oceanfront condominium project on Maui’s west side against an owner who refused to allow repairs to his unit that were required to strengthen one of the project’s buildings. MSM also obtained a sizeable […]

The tragic fire that broke out on Friday, July 14, 2017, at the Marco Polo Apartments in Honolulu has catalyzed action on the part of Hawaii’s legislators to mandate retrofitting of high-rise apartments to include automatic fire sprinklers. The fire, which broke out on the 26th floor, quickly spread to multiple units in the high-rise […]

On July 12, 2016, Governor Ige signed into law Act 238 (HB 1541 HD1 SD 1) relating to Planned Community Associations (“PCA”).  The Act seeks to amend certain sections of Hawaii Revised Statutes Chapter 421J. In particular, the Act amends HRS section 421J-4, bringing proxy forms and proxy solicitation in line with condominium associations governed […]

We all have different opinions of what makes a “good neighbor”.  Some people would classify a good neighbor as someone who will chat across the fence or is willing to lend eggs.  Other people may believe a good neighbor is one who leaves everyone alone and minds his or her own business. While there is […]

Even the most law-abiding citizens are usually guilty of speeding and parking violations every now and then.  Whether it be rushing to work or absent-mindedly driving fast to an upbeat song, at one time or another, we have all exceeded the speed limit. In a gated community where police do not regularly patrol, speeding tends to […]

It has come to light that thousands of illegal vacation rentals and short-term rentals are occurring throughout the islands.  For Maui, it was reported that in 2014 there were 8,840 vacation rentals, which comprise 13.6% of the housing market, which is the highest rate of all the islands.[1]  It was estimated by the Maui Planning […]

In cumulative voting, voters cast as many votes as there are seats. They can put multiple votes on one or more candidates. Unlike winner-take-all systems, voters are not limited to giving only one vote to a candidate.  In “regular” or “statutory” voting, shareholders may not give more than one vote per share to any single […]

Many Boards are finding that it is much easier to take action by voting via email. Is this a legal method of voting? Hawaii Revised Statutes (“HRS”) Chapter 514B, the Condominium Property Act, does not specify whether Board members can vote by written consent or not.  Sometimes an association’s Bylaws or Declaration may provide for […]

Serving on a board of directors for an association – a voluntary job – has stringent requirements.  The below list identifies for the board of directors their obligations and fiduciary duties to the association. Failure to fulfill these obligations could lead to a lawsuit against the association, the board, and even you personally. The obligations […]