HAR §16-119.8-6. Registration application

(a) A completed association registration ·and reregistration application includes, in addition to the requirements set forth in chapter 514B, HRS, chapters 16-119.1 through 16-119.8, and of the commission, an application signed by an authorized officer of the association, accompanied by payment of the correct fee amount and any applicable penalties, documentation of current evidence of a fidelity bond, and any other documents and information required by the commission. (b) Upon a unit owner's request, the association board shall make available the file copy of the registration and reregistration application, if any, filed with the commission. The unit owner shall pay all reasonable fees for duplication, postage, and other administrative costs incurred by the board 119.8-7 3 6 2 6 §16-119.8-6 relating to handling the request in accordance with section 514B-154(j), HRS. (c) The commission may terminate a project or association registration when any changes to the association's registration information remain unreported to the commission for thirty days or more. Any termination shall subject the association to section 514B-103(b), HRS, including the loss of standing to maintain any action or proceeding in the courts of this State for the collection of any past due assessments for common expenses. [Eff MAR 26 2026 ] (Auth: HRS §514B-61) (Imp: HRS §§514B-101, 514B-103, 514B-154 (j)) §16-119.8-7 Availability of association's records, documents, and information. (a) Biennially, each project or association with more than five units shall attach a copy of the following to its association registration and reregistration application: (1) A one to two-page written summary of where, when, and how the records, information, and d6cuments required by sections 514B-106(c), 514B-122, 514B-144 (a), 514B-150 (b), 514B- 152, 514B-153, 514B-154, and 514B-154.5, HRS, shall be made available to unit owners and of any costs subject to sections 514B- 105(d)and 514B-154(j), HRS, of making the records, information, and documents available; and (2) The date the written summary required by paragraph (1) was last distributed to unit owners. (b) The summary required by subsection (a) shall include the information required by subsection (a) and the following: (1) The name and address of a person or entity to whom a unit owner may direct a request for the records, information, and documents. A unit owner may use any type of writing to 119.8-8 §16-119.8-7 make the request, including an association approved form; (2) The number of days no later than thirty days as specified by section 514B-154.4(c), HRS, after receipt of a request within which the board, managing agent, if any, or the association's representative shall make the requested records, information, and documents available for examination or copying; (3) The specific location and time where the requested records, information, and documents shall be made available for examination or copying. Where not specifically provided by chapter 514B, HRS, the designated location shall be convenient for both the unit owner and the association. The requested records, information, and documents may also be made available electronically as provided by chapter 489E, HRS; (4) The cost, subject to section 514B-105(d), HRS, if any, including the costs prescribed by sections 514B-153, 514B-154, and 514B- 154.5, HRS, or costs allowed by law; and (5) Any other records, information, and documents as the commission may request to be provided on the association's registration application. (c) Unless making the records, information, and documents of subsections (a) and (b) available to unit owners is prohibited or limited by a state or federal law, a board or managing agent shall: (1) Make every good faith effort to provide the requested records, information, and documents; (2) Redact any information the disclosure of which would clearly be an unwarranted invasion of privacy or violates any other state or federal law or regulation; (3) Where not an unwarranted invasion of privacy or prohibited by any state or federal law or 119.8-9 3 6 2 6 §16-119.8-7 rule, make the remaining records, information, and documents available to the unit owner in accordance with sections 514B- 106 (c), 514B-122, 514B-144 (a), 514B-150 (b), 514B-152, 514B-153, 514B-154, and 514B- 154.5, HRS, and chapters 16-119.1 through 16-119.8; and (4) Cite the specific authority for any non- disclosure; for example, the specific state or federal law or regulation or provision of the declaration or bylaws for any refusal to disclose. (d) The commission may prescribe a form for submitting the information required by subsections (a) and (b). (e) A management contract made pursuant to section 514B-134(b), HRS, shall include provisions describing: (1) A managing agent's duties and responsibilities relating to making available records, information, and documents as provided in sections 514B- 106 (c), 514B-122, 514B-144 (a), 514B-150 (b), 514B-152, 514B-153, 514B-154, and 514B- 154.5, HRS, and chapters 16-119.1 through 16-119.8. Where there is no managing agent contracted and authorized to make available the records, information, and documents in accordance with sections 514B-106(c), 514B- 122, 514B-144 (a), 514B-150 (b), 514B-152, 514B-153, 514B-154, and 514B-154.5, HRS, and chapters 16-119.1 through 16-119.8, the board shall designate a person or entity to undertake such duties and responsibilities; and (2) Any other provision required by section 514B-134, HRS, or the commission. (f) A managing agent, board, board member, or association representative that fails to make records, information, and documents available for examination or copying as provided by sections 514B-106(c), 514B- 122, 514B-144 (a), 514B-150 (b), 514B-152, 514B-153, 119.8-10