HAR §16-119.6-15. Enforcement

If a board fails to prepare an annual operating budget or replacement reserve study in compliance with the requirements of section 514B-148, HRS, or this chapter, an association member may enforce those requirements. The association member may collect the costs of enforcement in compliance with the procedures provided in section 514B-157, HRS, including fees and costs incurred by the unit owner. If an arbitrator or judge determines that a board or board member has breached a fiduciary duty by intentionally ignoring the requirements of section 514B-148, HRS, or this chapter, the arbitrator or judge may award the unit owner fees and costs of enforcement against the board or board members, rather than against the association. [Eff MAR 26 2025 ] (Auth: HRS §514B-61) (Imp: HRS §§514B-lOl(b), 514B-148) 119.6-21 3 6 2 6 (page intentionally left blank) 3 6 2 6 §16-119.7-1 HAWAII ADMINISTRATIVE RULES TITLE 16 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS