HAR §16-119.6-9. Conf1ict of chapter

(a) Chapter 514B, HRS, and this chapter supersede any contrary provisions in a project's declaration, an association's bylaws, or any other applicable documents regarding preparation of budgets, calculation of reserve requirements, and assessment and funding of reserves. Except as stated in subsection (b), limits on spending or assessments shall not restrict the board's right to spend or assess for items required by the association's reserve study. (b) Chapter 514B, HRS, and this chapter shall not supersede any contrary provisions in a project's declaration, an association's bylaws, or other applicable documents: (1) Requiring the board to collect more than the association's statutory replacement reserves; (2) Restricting a board's right to assess or spend to upgrade the common elements for such things as additions, alterations, or improvements; or (3) Requiring a board to repair or maintain assets more frequently than the law, this chapter, or the association's replacement reserve study requires. This chapter shall not SUJ;>Atlef2ozt11Y federal tax laws. [Eff M §514B-61) (Imp: HRS §§514B-lOl(b), 119.6-16 related state or ] (Auth: HRS 514B-148) 8 6 2 6 ~