Haw. Code R. § 16-107-75 - Enforcement
If an association board fails to prepare an annual operating budget or replacement reserve study in compliance with the requirements of section 514A-83.6, HRS, or this subchapter, an association member may enforce those requirements. The association member may collect the costs of enforcement in compliance with the procedures provided in section 514A-94, HRS, including fees and costs incurred by the owner. If an arbitrator or judge determines that a board or board member has breached a fiduciary duty by intentionally ignoring the requirements of section 514A-83.6, HRS, or this subchapter, the judge or arbitrator may award the owner's fees and costs of enforcement against the board or board members, rather than against the association.
Notes
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