Hawaii HOA Landlord Tenant Law: When State Rental Rules Override Association Policies

Hawaii HOA Landlord Tenant Law: When State Rental Rules Override Association Policies

Hawaii does not have a state statute that specifically addresses how HOA rules interact with landlord tenant protections. Your association's authority over rental units comes from your governing documents, but state and federal fair housing law set boundaries your board cannot cross. The Hawaii Office of Consumer Protection oversees consumer complaints about HOA practices, and the Hawaii Civil Rights Commission enforces fair housing rules that apply to both landlords and associations.

When Your HOA Can Restrict Rentals

Your declaration and bylaws control whether your association can limit the number of rental units, impose lease length minimums, or require tenant screening. Most Hawaii condominiums and planned communities include rental restriction language in their original declarations. If your governing documents allow the board to cap rentals at 20 percent of units, or require leases of at least six months, those restrictions are generally enforceable as long as they apply uniformly and do not violate fair housing law.

Your board cannot enforce a rental restriction that was not included in the original declaration or approved by the membership percentage required for an amendment. If your declaration says nothing about rentals, you cannot suddenly pass a rule banning them. You must amend the declaration following the supermajority vote threshold specified in your documents, which is typically 67 to 75 percent of owners in Hawaii communities.

A rental cap is enforceable only if it was recorded before an owner purchased the unit, or if the owner voted in favor of the amendment. Courts in Hawaii have consistently held that a board cannot retroactively apply a rental ban to owners who purchased with the expectation that rentals were allowed.

Where State Landlord Tenant Law Controls

Hawaii's landlord tenant law, found in Hawaii Revised Statutes Chapter 521, governs the relationship between a landlord and a tenant. Your HOA is not a party to the lease, so you cannot evict a tenant directly. Only the landlord can terminate a tenancy and file for eviction in district court. However, your association can fine the owner for a tenant's violations of community rules, and you can pursue eviction of the owner if the lease itself violates your governing documents.

When a tenant violates a no pet rule or parks in a reserved space, your board's remedy is against the owner, not the tenant. You send the owner a notice of violation and impose fines according to your fine schedule. The owner then decides whether to cure the violation, terminate the lease, or continue paying fines. You cannot send a three day notice to the tenant or file an eviction action yourself.

Your governing documents may require owners to include specific language in their leases, such as a clause stating that tenants must comply with all association rules. If your bylaws mandate this language and an owner signs a lease without it, you can fine the owner for failing to follow the lease requirement. Some Hawaii associations also require owners to submit a copy of each lease to the board within 10 days of signing, creating a paper trail that helps you enforce violations.

Fair Housing Limits on Rental Restrictions

Federal and state fair housing law prohibit discrimination based on race, color, national origin, religion, sex, familial status, disability, age, and other protected classes. Your rental restrictions cannot have a discriminatory effect, even if they appear neutral on their face. A rule that bans children from common areas, limits occupancy to two adults per unit, or requires tenants to be employed full time may violate fair housing law if it disproportionately affects families, retirees, or people with disabilities.

The Hawaii Civil Rights Commission investigates fair housing complaints and can order your association to pay damages, revise rules, and undergo training. You should review every proposed rental restriction with your attorney to confirm it does not create a disparate impact on a protected class. A blanket ban on emotional support animals, for example, violates the Fair Housing Act because it discriminates against people with disabilities who need reasonable accommodation.

Short Term Rental Rules in Hawaii

Hawaii counties regulate short term vacation rentals separately from long term leases, and your association's short term rental restrictions interact with county law. Honolulu, Maui, Kauai, and Hawaii counties all have ordinances that limit where vacation rentals can operate and require permits. Your governing documents may ban all rentals under six months, which effectively prohibits vacation rentals in your community even if the county would otherwise allow them.

A 2024 Honolulu ordinance restricted new short term rental permits to resort zones and required existing operators outside those zones to phase out by 2026. If your Honolulu condominium already bans short term rentals in its declaration, the county ordinance reinforces your rule. If your declaration is silent, you can amend it to ban vacation rentals, but you must follow your amendment procedure and obtain the required supermajority vote.

Maui County has seen particularly aggressive enforcement of illegal vacation rentals since 2023, with fines reaching $10,000 per violation. Associations in West Maui and South Maui have reported owners renting units on Airbnb in violation of both county permits and association rules. Your board can fine the owner under your governing documents, and the county can fine the owner under the zoning code. The two enforcement tracks run in parallel, and penalties stack.

Example From Kailua

The Lanikai Terrace Condominium Association in Kailua adopted a bylaw amendment in 2019 requiring all leases to be at least 12 months and prohibiting vacation rentals. One owner, who had purchased her unit in 2017, continued listing it on VRBO for weekly rentals. The association fined her $500 per month and filed a lien on her unit. The owner argued that the rental restriction was invalid because it was not in the original declaration. The parties settled in 2021 after the owner agreed to stop short term rentals and the association reduced the accumulated fines by 50 percent. The dispute cost the association more than $15,000 in legal fees, and it took two years to resolve.

What You Should Do Now

Pull your declaration, bylaws, and any recorded amendments. Identify every provision that addresses rentals, lease length, tenant screening, or lease language. Confirm whether your documents give the board authority to adopt rental rules by board vote or whether you need a membership amendment. Review your current lease approval process and verify that you apply it consistently to all owners.

If you want to restrict rentals or impose new lease requirements, consult your attorney before drafting a rule or amendment. Your attorney will review the language for fair housing compliance, confirm the amendment threshold, and advise you on enforcement options. Do not rely on online templates or rules from other associations. Hawaii governing documents vary widely, and a rule that works in one community may be invalid in yours. Consult your attorney for your specific situation.

Manorway's AI assisted platform helps you track rental units, store lease copies, and document violations. You can record which units are owner occupied and which are rented, set reminders for lease renewals, and maintain a complete history of fines and compliance actions. When your board uses a centralized system to manage rental oversight, you reduce the risk of inconsistent enforcement and create a paper trail that supports your decisions in disputes.