THE FOLLOWING ARE INSTRUCTIONS FOR EACH QUESTION ON THE REGISTRATION APPLICATION:
(All information submitted is PUBLIC information)

  1. For biennial registrations, the project registration number, name of the condominium project, project street address, total number of units, and expiration of fidelity bond on file with the Commission are preprinted pursuant to information filed with the Commission. (All "units/units" are included, regardless of the use or ownership of the unit/unit.) If the preprinted information is incorrect, please modify and submit filed copies of the declaration or other legal documents supporting the modification, or current evidence of fidelity bonding. For first-time registrations, please fill in each blank.

    NOTE: Project Street Address refers to the physical location of the project. For biennial registrations, the address is preprinted pursuant to information filed with the Commission. For first-time registrations, if the project does not have a street address, please provide the project location (island and closest physical landmark or street intersection to project).

  2.  
    1. The names and positions of officers are public information (§514B-103(a) (2), HRS).
    2. AOUOs must provide the name and mailing address of a designated officer for direct contact (§514B-103(a) (2), HRS). The information provided shall not be that of the managing agent. Currently, the Hawaii Condominium Bulletin is mailed to this person. (NOTE: By resolution approved by and provided to the Real Estate Commission, the board of directors may designate someone other than the designated officer to receive the Hawaii Condominium Bulletin).
  3. The person identified in Question 3 will receive notices to update the AOUO's fidelity bond coverage, as well as correspondence and calls from the Commission, except the Hawaii Condominium Bulletin.
  4. Self-managed refers to associations that manage their project with the help of volunteers or association employees, and do not retain the services of an independent condominium managing agent. Condominium Managing Agent refers to a managing agent currently licensed as a real estate broker in the state of Hawaii providing for the operation of the condominium project or a corporation authorized to do business as a trust company under Article 8 of Chapter 412, HRS, and registered with the Real Estate Commission doing management activities.
  5. Section 514B-143(a)(3)(A), HRS, requires each AOUO having more than five dwelling units to secure a fidelity bond covering persons, including the managing agent and its employees who control or disburse funds of the association, in an amount equal to $500 multiplied by the number of units, provided that the bond shall not be less than $20,000 nor greater than $200,000.
    1. Check the first box if the preprinted expiration date on page A-1 is after June 30, 2009.
      Check the second box if the preprinted expiration date is before June 30, 2009. Selecting the second box requires that the attached Certification Statement of Insurance (CSI) form must be completed by the AOUO's insurance representative. Failure to provide the CSI when selecting this box will result in a deficient registration application.
    2. An AOUO that is unable to obtain a fidelity bond may seek approval for a bond exemption from the Commission. Select which type of exemption the AOUO is requesting. The AOUO may submit only ONE type of bond exemption if the AOUO meets all the conditions and terms stated on the application. An additional $50 nonrefundable bond exemption application fee must be added to the preprinted total due on the bottom of page A-1. If the bond exemption is denied, then the AOUO must submit evidence of current fidelity bonding no later than the May 29, 2009 biennial registration deadline. All fidelity bond exemptions expire at the conclusion of the biennial registration period, and shall be submitted at least 30 days prior to the biennial registration deadline.
  6. Calculate the percentage of residential units that are occupied by owners. Exclude units that are not designated for residential purposes. If you do not know the owner occupancy rate for residential units, provide an estimate and write "estimate" next to the percentage number.
  7. Section 514B-144(a), HRS, requires that the board adopt and distribute to the owners an annual operating budget.
  8. Do NOT attach statements showing the maintenance fees for EACH unit. Instead, list the lowest and highest single maintenance fee assessed per month to enable prospective purchasers to compare the range of fees assessed between projects.
  9. Special assessments are separate from routine maintenance fees and are designated for a particular purpose such as the payment of AOUO legal fees, etc.
  10. All AOUOs must conduct a replacement reserve study and adopt an annual operating budget including replacement reserves to ensure that each owner pays their fair share of the short and long-term costs to operate the project based upon period of ownership (§514B-148(a)(4), HRS, and §16-107-61, Hawaii Administrative Rules (HAR)).
    1. A reserve study contains information regarding the amount the AOUO must collect for the fiscal year to fund the estimated replacement reserves (§514B-148, HRS).
    2. An annual operating budget contains information regarding the amount the AOUO must collect for the fiscal year to fund the estimated replacement reserves (§514B-148, HRS).
    3. Section 514B-148(b), HRS, requires associations to assess the owners to either fund a minimum of 50% of the estimated replacement reserves, or fund 100% of the estimated replacement reserves when using a cash flow plan. Estimated replacement reserves means funds which an AOUO's reserve study indicates must be collected during a budget year to establish a full replacement reserve for the AOUO by the end of the budget year (§16-107-62, HAR).
    4. An AOUO which has satisfied its statutory replacement reserves, may specially assess the owners to maintain, repair or replace AOUO assets if the board underestimates the reserve requirements for an asset, or if the cost to maintain, repair or replace an asset will reduce the AOUO's replacement reserve funds to less than 50% of a full replacement reserve during any budget year (§16-107-72, HAR).
    5. A board may not exceed its adopted total annual operating budget by more than twenty percent during the fiscal year to which the budget relates, except in emergency situations (§514B-148(e), HRS).
    6. Deposits and investments must meet certain requirements as required by §514B-149(c), HRS.
  11. AOUOs are required to have an annual audit and at least one annual unannounced verification of the cash balance. AOUOs with less than 20 units may waive these requirements by a majority vote of all unit owners taken at an AOUO meeting (§514B-150, HRS).
  12. If the AOUO bylaws do not prohibit pets, pets may generally be kept subject to reasonable restrictions in the bylaws (§514B-156, HRS). If the bylaws are amended to prohibit pets after a pet was acquired in accordance with prior bylaws, the pet prohibition shall not apply to that particular owner. That owner may keep the pet, and replace the pet upon its death (§514B-156, HRS).
  13. The Commission recommends maintaining copies of the Condominium Bulletin, guides, brochures, Chapters 514A and 514B, HRS, and Chapter 107, HAR in reference binders for owner review. Section 514B-153(a), HRS, requires accurate copies of the declaration, bylaws, house rules and master lease, if any, a sample original conveyance document, and all public reports and any amendments to be provided to owners and prospective purchasers for review or upon payment of a reasonable charge (§514B-154(d), HRS).
  14. No amendment to the declaration or bylaws is valid until the amendment is duly recorded.
  15. The declaration, bylaws, condominium map, or other constituent documents of any condominium created before July 1, 2006 may be amended to achieve any result permitted by this chapter, regardless of what applicable law provided before July 1, 2006. Adopted amendment shall not invalidate the reserved rights of the developer (§514B-23(a), HRS).
  16. The Commission encourages the use of mediation or arbitration to resolve condominium disputes. Sections 514B-146(c)(5) and (d), HRS, provide owners the right to utilize mediation or arbitration to resolve disputes regarding the amount or validity of AOUO assessments, with provisions. Section 514B-162, HRS, provides certain parties with the right to require arbitration for disputes. Section 514B-161, HRS, mandates unit owners and board of directors to participate in mediation for certain issues.
  17. The Commission is interested in gathering information about email and internet availability for educational purposes.
  18. The Commission is interested in determining how, or if, AOUOs disseminate new information to homeowners.
Liability for Misstatements: The Commission requires every person responsible to complete this AOUO registration application to make a good faith effort to provide accurate AOUO registration information. This obligation should not be taken lightly; penalties may be imposed for false statement (§§514A-134 and 514B-99.3, HRS).
Individuals with Special Needs: This material can be made available for individuals with special needs. Please call the Senior Condominium Specialist at (808) 586-2643 to submit your request.