HAR §16-119.8-1

HAR §16-119.8-1. Registration of an association

Last amended: 2026Length: 299 wordsOfficial source

Cite as Haw. Code R. § 16-119.8-1

(a) Notwithstanding that an associati6n has minimal or no expenses for maintenance of the common elements, and except as provided in subsection (c), each project or association having more than five units shall register with the commission and obtain a fidelity bond as required by section 514B-103, HRS, and chapters 16-119.1 through 16-119.8. (b) An association shall register with the commission in the name as it appears on the recorded declaration of the condominium property regime. Any name change shall be evidenced by an amendment to the 119.8-1 3 6 2 6 §16-119.8-1 declaration made pursuant to section 514B-32(a) (11), HRS, and where the association has incorporated, a document evidencing that the entity is properly registered with the business registration division of the department. (c) If so provided in a project's declaration and bylaws, this section shall not apply to: (1) Condominiums in which all units are restricted to nonresidential uses; or (2) Condominiums that contain no more than five units and are not subject to any continuing development right. (d) The board, developer or developer's affiliate, or managing agent on behalf of the association shall be responsible for registering and reregistering the association pursuant to section 514B-103, HRS, including maintaining the required fidelity bond, provided that the board or developer or developer's affiliate may delegate in writing the completion of the registration and reregistration to a managing agent. [Eff MAR 2 6 2026 ] (Auth: HRS §§514B-61, 514B-101) (Imp: HRS §§514B-103, 514B-143) §16-119.8-2 Fai1ure to provide evidence of fide1ity bond. Failure to provide evidence to the commission of continuous fidelity bond coverage throughout an entire biennial registration period prior to the expiration of the fidelity bond shall result in the automatic termination of the association registration. [Eff MAR 2 6 2026 (Auth: HRS §514B-61) (Imp: HRS §§514B-103, 514B-143)