(a) An association, board, managing agent, resident manager, unit owner, or any person acting on behalf of an association or a unit owner shall not retaliate against a unit owner, board member, managing agent, resident manager, or association employee who, through a lawful action done in an effort to address, prevent, or stop a violation of this chapter or governing documents of the association:

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Terms Used In Hawaii Revised Statutes 514B-191

  • Association: means the unit owners' association organized under section 514B-102 or under prior condominium property regime statutes. See Hawaii Revised Statutes 514B-3
  • Commission: means the real estate commission of the State. See Hawaii Revised Statutes 514B-3
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Declaration: means any instrument, however denominated, that creates a condominium, including any amendments to the instrument. See Hawaii Revised Statutes 514B-3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Managing agent: means any person retained, as an independent contractor, for the purpose of managing the operation of the property. See Hawaii Revised Statutes 514B-3
  • Person: means an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof. See Hawaii Revised Statutes 514B-3
  • Resident manager: means any person retained as an employee by the association to manage, on-site, the operation of the property. See Hawaii Revised Statutes 514B-3
  • Unit: means a physical or spatial portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described in the declaration or pursuant to § 514B-35, with an exit to a public road or to a common element leading to a public road. See Hawaii Revised Statutes 514B-3
  • Unit owner: means the person owning, or the persons owning jointly or in common, a unit and its appurtenant common interest; provided that to such extent and for such purposes as provided by recorded lease, including the exercise of voting rights, a lessee of a unit shall be deemed to be the unit owner. See Hawaii Revised Statutes 514B-3
(1) Complains or otherwise reports an alleged violation;
(2) Causes a complaint or report of an alleged violation to be filed with the association, the commission, or other appropriate entity;
(3) Participates in or cooperates with an investigation of a complaint or report filed with the association, the commission, or other appropriate entity;
(4) Otherwise acts in furtherance of a complaint, report, or investigation concerning an alleged violation; or
(5) Exercises or attempts to exercise any right under this chapter or the governing documents of the association.
(b) A unit owner, board member, managing agent, resident manager, or association employee may bring a civil action in district court alleging a violation of this section. The court may issue an injunction or award damages, court costs, attorneys’ fees, or any other relief the court deems appropriate.
(c) As used in this section:

“Governing documents” means an association’s declaration, bylaws, or house rules; or any other document that sets forth the rights and responsibilities of the association, its board, its managing agent, or the unit owners.

“Retaliate” means to take any action that is not made in good faith and is unsupported by the association’s governing documents or applicable law and that is intended to, or has the effect of, being prejudicial in the exercise or enjoyment of any person’s substantial rights under this chapter or the association’s governing documents.

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