Haw. Code R. § 16-107-69 - Conflict of chapter 514A, HRS, and this subchapter with association declaration or bylaw requirements
(a) Chapter 514A,
HRS, and this subchapter shall override any contrary provisions in a project's
declaration or 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 514A, HRS, and this subchapter
shall not override 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
subchapter, or the association's replacement reserve study requires.
Notes
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