About Condominium Association Registration Renewals

REGISTRATION CHANGES: The word "registration" also refers to the word "reregistration" as required by Hawaii Revised Statutes ("HRS") § 514B-103 (a) (2). Read and complete the forms carefully. Condominium Associations with a bond expiration date after June 30, 2023 are no longer required to submit a Certification Statement of Insurance (CSI) form as part of the biennial registration process. The fidelity bond information is certified by the condominium association officer, developer, 100% sole owner, or managing agent with a completed Delegation of Duty Form.

As part of the 2023-2025 Condominium Association Biennial Registration, an Association officer, developer or developer's agent, or 100% sole owner may delegate the duty to complete the registration application and other applicable documents to the Association's managing agent if any. The managing agent must be currently registered as a condominium managing agent or licensed as a real estate broker in Hawaii (with broker's current pocket card). The Association officer, developer or developer's agent, or 100% sole owner must complete the "Delegation of Duty to Register" form on page A-6. Although it is not necessary to submit the Delegation of Duty to Register form as part of the registration process, managing agents shall not sign registration documents without the delegation and shall maintain a copy of the form as part of the Association's records.

WHO MUST REGISTER: HRS § 514B-103 requires registration by condominium projects or association having more than five units. Condominium projects must register within 30 days of the Association's first meeting (HRS § 514B-103 (a) (2)). If the Association has not held its first meeting and at least one year has passed since recordation of the purchase of the first unit, then the developer, developer's affiliate, or the managing agent is required to register the Association of Unit Owners ("AOUO"), but need not obtain a fidelity bond (HRS § 514B-103 (a) (2)).

DEADLINE: Wednesday, May 31, 2023 (or Monday, May 1, 2023 if submitting a fidelity bond exemption application). A completed registration application consists of the timely submission of a registration application, a CSI form (if required, see the bond information preprinted in Question #1 on page A-1) or a bond exemption application (if applicable), and all required fees and documents. Condominium projects that fail to successfully reregister by JUNE 30, 2023 must file as a new applicant, and are subject to payment of penalty fees.

FEES AND PENALTIES: Enclose one check payable to "Commerce and Consumer Affairs" covering the following amounts:

Registration fee: Nonrefundable $64. Additional $50 penalty for any late payment of registration (HRS § 514B-103 (a) (3) and (4)).
Condominium Education Trust Fund ("CETF") fee: $7.00 per unit. Additional penalty of 10% of CETF fee for late payment of registration (HRS § 514B-72 (c)).
CETF - Mediation ("CEM"): $3.00 per unit. (HRS § 514B-72 (a)(2)). Additional penalty of 10% of CETF fee for late payment of registration (HRS § 514B-72 (c)).
Fidelity Bond Exemption Application Fee (if applicable): Non-refundable $50 if submitting a bond exemption application (Hawaii Administrative Rules ("HAR") § 16-53-16.8 (3) (D) (ii)).
Compliance Resolution Fund fee: $50 annual; $100 biennial registration (HAR § 16-53-16.8(3) (D)).

Notice:

The fee payment is deposited immediately upon receipt. Depositing the fee payment does not constitute approval of the registration application. If for any reason the registration application is not approved, refunds (excluding nonrefundable registration and bond exemption fees) are processed in approximately six to eight weeks. The Association may be sent a registration certificate before its check clears the bank. If the bank returns the check unpaid, then the Association registration is not valid, and an additional $25.00 service fee is charged for checks returned by the bank.

REPORTING CHANGES: AOUOs shall report immediately in writing to the Commission any changes to the required public information provided in this registration application using the "Condominium Association Information Update Form" available on our website at www.hawaii.gov/hirec.

MAIL OR DELIVER TO:

Real Estate Branch
Association Registration
335 Merchant Street, Room 333
Honolulu, HI 96813

PHONE NUMBER: (808) 586-2643
If you need assistance,
ask to speak to a condominium
registration clerk

Personal information, such as social security numbers, personal bank account numbers and credit or debit card numbers (except for registration payment), shall be redacted and not included in any documents provided with this registration.

FIDELITY BONDING: (1) If the Association meets the conditions and terms stated on the fidelity bond exemption application form, the AOUO may submit ONE type of fidelity bond exemption application (enclosed) plus the additional $50 bond exemption application fee must be added to the preprinted total due on the bottom of page A-1. (2) As stated above, those Associations with a bond expiration date after June 30, 2023, are no longer required to submit the CSI as part of the biennial registration process. Associations with a bond expiration date ON OR BEFORE June 30, 2023, must submit a completed CSI form.

WARNING: The Commission may reject or terminate any AOUO registration that fails to comply with the requirements set forth in HRS § 514B-103. In addition to penalty fees, failure to register as required shall result in lack of legal standing to maintain any action or proceeding in the courts of this State until the AOUO properly registers, pursuant to HRS § 514B-103 (b). The Commission may refer AOUOs that fail to register as required by law to the Regulated Industries Complaints Office.

Important Dates:

Bond exemption reapply deadline:: May 1, 2023
Biennial reregistration deadline:: May 31, 2023

Need help?

If you need any assistance, please contact (808) 586-2643, and request to speak to the condominium registration clerk.