What do Hawaii's 2026 HOA and condo laws, Acts 37 and 100, change for volunteer boards?

By OurHOA · General information · Revised November 2, 2026

Hawaii HOA law for boards: 2026 Acts 37 and 100 on cumulative voting with write-ins and the small condo reserve study review waiver, with sample motions.

Part of the HOA board handbook: new state laws for boards.

The short answer

Hawaii governs homeowners associations under HRS chapter 421J, the planned community associations law, and condominiums under chapter 514B. Under the definition of "association" in HRS 421J-2, a homeowners association falls under chapter 421J if it has ten or more parcel owners voting and its unpaid assessments can become a lien on a parcel. The 2026 session produced two acts that change what boards do: - Act 37 (HB 1678), signed May 26, 2026 and effective that day, rewrites the cumulative voting sections of both chapters, HRS 421J-3.2 and 514B-124.5. Write-in candidates now count as candidates, and members may split their individual votes among any or all of them. - Act 100 (HB 1824), signed June 5, 2026 and effective that day, amends HRS 514B-148(a)(5). A condominium with fewer than 20 units and no building taller than two stories may vote to skip the independent review of its reserve study for one three-year period. Both acts took effect on approval, so they already apply to your next election and your next budget. Your declaration and bylaws still matter, and this guide is general education, not legal advice.

Which communities each act reaches

Act 37 matters only if your community elects directors by cumulative voting. That is not the default. HRS 421J-3.2(b) still says cumulative voting is not permitted unless the association documents provide for it, and the condo section applies only when the bylaws call for it. Search your bylaws for the word "cumulative." If it is not there, Act 37 changes nothing for you. One wording change deserves a lawyer's look. The old planned community text began "If the association documents provide for cumulative voting by members." The new text begins "If an election is to be held by cumulative voting pursuant to the bylaws." If your authority for cumulative voting sits in the declaration and not the bylaws, ask counsel how the new trigger applies before the next annual meeting. Act 100 reaches condominiums only. It amends chapter 514B and leaves chapter 421J untouched, so a single-family HOA gains nothing from it. A condo has to pass both tests: fewer than 20 units, and a building or buildings of no more than two stories. A 16-unit, three-story walk-up does not qualify. Neither does a 24-unit garden complex.

How cumulative votes are counted now

Each member's vote total is their ordinary vote multiplied by the number of seats up for election. In a planned community, HRS 421J-3.2(a) multiplies the votes a member may cast by the number of positions. In a condo, HRS 514B-124.5(a) multiplies the owner's voting percentage by the number of positions. Take a 60-lot planned community with one vote per lot and three open seats. Each lot holds three votes. The old planned community text let a member cast "the product" for a single candidate or distribute it among two or more. The new text says the member may give all of the votes to one candidate or distribute the individual votes among any or all of the candidates. Two votes to one person and one to another is plainly allowed. The larger change is a new definition in both sections: "candidate" means a nominee or write-in candidate. A lot that writes in a neighbor and gives that neighbor all three votes has cast three valid votes. Inspectors who set write-ins aside in a cumulative election would now be miscounting. The rest did not change. The candidates with the most votes, up to the number of open seats, are elected and take the longest terms.

Fixing your ballot, notice and tally sheet

Make these changes before the next annual meeting notice goes out: 1. State each member's total on the ballot. For example: "Three seats are open. You have 3 votes. You may give all 3 to one candidate or divide them among any candidates, including write-ins." 2. Give as many blank write-in lines as there are open seats, each with a box for the number of votes. 3. Give the inspectors written counting instructions that treat write-in votes exactly like nominee votes. 4. Decide in advance, with counsel, how to handle a ballot that casts more votes than the member holds. Do not improvise that rule on election night. 5. Keep the tally sheets with the ballots. Sample paragraph for the meeting notice: "Directors will be elected by cumulative voting under Article __ of the bylaws. Under Hawaii law as amended by Act 37 of 2026, write-in candidates are candidates. You may give all of your votes to one candidate or divide them among any candidates." The count matters after the meeting too. Under HRS 421J-3.3(d), a planned community director elected this way cannot be removed if enough votes to elect that director under cumulative voting are cast against removal. A write-in winner gets the same protection, so a sloppy tally can resurface in a recall fight.

The small condo reserve review waiver

HRS 514B-148(a)(5) requires the condo budget to show reserve assessments based on a reserve study. A study that was not prepared by an independent reserve study preparer must be reviewed by one at least every three years. Many small buildings have the treasurer or manager update the study and pay a preparer to review it. Under Act 100, a qualifying condo may skip that review when: - a majority of the unit owners present or represented at a duly noticed association meeting votes to waive it - the association keeps preparing and disclosing annual reserve information to owners as chapter 514B requires - the vote is recorded in the association's records and made available to owners on request - the waiver covers a single three-year period - the association does not waive two consecutive three-year periods The act adds that nothing stops the association from getting an independent review at any time. The waiver also leaves the funding rule alone. HRS 514B-148(b) still requires the association to fund at least 50 percent of the estimated replacement reserve assessments, or 100 percent under a cash flow plan. The idea is borrowed from HRS 514B-150(a), which already lets a condo of fewer than 20 units waive the annual audit and the unannounced cash balance verification by a majority vote of owners at an association meeting. A small building can put both questions on the same agenda.

Running the waiver vote

A workable timeline for a condo that holds its annual meeting in the spring: - 90 days before the meeting: confirm the unit count and building heights, and find the date of the last independent review so you know which three-year period the waiver would cover. - 60 days before: put the waiver on the agenda. Send owners a one-page memo with the review quote and what an outside reviewer checks. - At the meeting: take the vote and record the count in the minutes. - After the meeting: file the minutes with the reserve study and calendar the end of the waiver period. The next review cannot be waived. Sample motion: "Resolved, that under HRS 514B-148(a)(5) as amended by Act 100 of 2026, the owners waive review of the association's reserve study by an independent reserve study preparer for the three-year period beginning ________. The association will continue to prepare and disclose annual reserve information to owners." Be honest with owners about the trade-off. The review is the only outside check on a study a volunteer or manager wrote. If the roof, siding or paving figures are stale, pay for the review. Our guide on how to hire a reserve study company covers what a good review includes.

Bills that died in 2026

Two bills boards were watching did not become law: - HB 850 would have clarified condo boards' power to call electronic meetings and use electronic and mail voting. Both chambers discharged their conferees in March and April 2026. - HB 1897 would have revised condo mediation and arbitration, including limits on attorney fees tied to fines. It went to conference committee in late April and was not enacted. The 2026 session closed the legislature's two-year cycle, so either idea would need a new bill in 2027. Do not change fine or meeting procedures because of them. Planned communities do not need HB 850 to meet online. HRS 421J-3.5(e) already lets an association hold annual, regular and special meetings remotely, consistent with chapter 414D, regardless of the association documents. The same section still requires at least 14 days' written notice of those meetings.

Mistakes to avoid

- Discarding write-in votes in a cumulative election. Act 37 makes them votes for a candidate. - Applying Act 100 to a single-family HOA or a three-story building. It covers condos with fewer than 20 units and no building over two stories. - Waiving the review twice in a row. The act bars consecutive three-year waivers. - Reading the waiver as permission to skip the reserve study itself or the 50 percent funding floor. It removes only the outside review. - Taking the vote and losing the record. Owners can ask to see it. For the rest of the election process, see our guide on how to run an HOA board election.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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