Retired Hawaii lawmaker fights order to pay maintenance fees for condo that burned down in Lahaina wildfires
Retired Hawaii lawmaker fights order to pay maintenance fees for condo that burned down in Lahaina wildfires
Retired Hawaii state senator Rosalyn “Roz” Baker is no longer living in the condo she once owned after it was burned down during the Lahaina wildfires last year.
However, she claims that’s not stopping the state’s Association of Apartment Owners (AOAO) from “demanding” that she continue “paying for maintenance fees.”
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Baker said she owned a ground-floor condominium at the Aina Nalu property in historic Lahaina, on the island of Maui, when the wildfires forced her to leave her home last August.
The property was ultimately burned to the ground, leaving her with nothing. Now, she’s accusing her condo’s AOAO of making demands for unpaid fees, to the point where she claims the group has hired an attorney to take on the issue — and they’re charging her for that, too, to the tune of nearly $1,000.
“I never expected that something that was not caused by any of the owners would be used to really kind of entrap owners,” Baker told Hawaii News Now. “I’m pushing back because looking at the property, there’s no maintenance to be maintained. It all burned to the ground.”
Her AOAO did not provide comment to Hawaii News Now, stating that litigation was pending. The issue has not gone before a court, and no decision has been rendered in the case.
A complex relationship
According to the Hawaii Department of Commerce and Consumer Affairs, there are more than 1,800 AOAOs and Homeowners Associations (HOAs), affecting as many as 360,000 people living in more than 135,000 homes in nearly 2,000 Hawaii community associations.
Some residents claim that these associations have used their power to overreach on their authority. In 2023, Nanakuli homeowner Heather Bedley faced a $50 fine from her HOA after her kids drew with chalk on a community-owned fence.
From there, she said the fines increased for everything from “a couple of landscaping fines that were silly,” to a penalty for arguing with local children. She claims that, over time, her fines climbed to more than $1,300.
Even though there are so many homeowners who work with an AOAO or HOA, state laws governing them have seen little changes over the years.
Story continues
According to Honolulu Civil Beat, two proposed laws regarding these associations — one that would allow homeowners to cast absentee ballots for board members, and one that would create a state ombudsman to review issues between associations and homeowners — both expired in the 2024 legislative session.
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Priorities shift to control costs
The good news for those in a Hawaiian AOAO or HOA is that priorities are shifting to controlling insurance and maintenance costs.
Bills signed by Hawaiian Governor Josh Green now allows these associations to access loans for building improvements, such as solar energy panels, air conditioning, and water pipes.
Additionally, insurance costs have increased significantly in light of the Lahaina disaster. Both the industry and lawmakers are working together to determine what can be done about keeping homeowners insured at a rate that doesn’t break the bank, including expanding hurricane relief funds to insure condos.
Unfortunately, for those who continue to have issues with their AOAO or HOA over fines or fees, the state said they can’t get involved.
They claim to have no jurisdiction over homeowners’ associations, leaving people’s only recourse in civil court.
The Real Estate Branch of the Department of Commerce and Consumer Affairs recommends contacting the Hawaii State Bar Association for a referral to a lawyer who specializes in AOAO and HOA law.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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