Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 667
Hawaii Revised Statutes

Haw. Rev. Stat. § 667-104 (2025)

]  Prohibited conduct

✓ laws through the 2025 session: the 2026 session is not included
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     [§667-104]  Prohibited conduct.  It shall be a prohibited practice for any association to engage in any of the following practices:

     (1)  Holding a public sale on a date, at a time, or at a place other than that described in the public notice of the public sale or a properly noticed postponement;

     (2)  Specifying a fictitious place in the public notice of the public sale;

     (3)  Conducting a postponed public sale on a date other than the date described in the new public notice of the public sale; or

     (4)  Completing or attempting to complete nonjudicial foreclosure proceedings against a unit owner in violation of section 667-92(c). [L 2012, c 182, pt of §3(2)]

 

Case Notes

 

  Section 667-102(b)(2) did not bar respondent's challenge to association of apartment owners' nonjudicial foreclosure proceedings because respondent's affidavit alleged that she was currently under a payment plan with the association of apartment owners as of the foreclosure date.  The respondent's claims therefore fell under the §667-102(b)(2) "otherwise provided by law" exception.  139 H. 278, 389 P.3d 115 (2016).

 

 

Notes of Decisions
Cited in 2 cases, 2016–2020 · leading case: Ass'n of Apt. Owners of Century Ctr., Inc. ex rel. Bd. of Directors v. Young Jin An, 389 P.3d 115 (Haw. 2016).
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Ass'n of Apt. Owners of Century Ctr., Inc. ex rel. Bd. of Directors v. Young Jin An, 389 P.3d 115 (Haw. 2016). · cites it 2× “HRS § 667-104(4) states that it is “a prohibited practice for any association” to “[e]omplet[e] or attempt[ ] to complete nonjudicial foreclosure proceedings against a unit owner in violation of section 667-92(c).”
Galima v. Ass'n of Apt. Owners of Palm Court, 453 F. Supp. 3d 1334 (D. Haw. 2020). · cites it 2× “§ 667-104 (prohibiting certain conduct in the context of association lien foreclosure); Final Task Force Report at 47 (recommending the enactment of what became § 667-104).”
Haw. Rev. Stat. § 667-104(4): 1 case
Ass'n of Apt. Owners of Century Ctr., Inc. ex rel. Bd. of Directors v. Young Jin An, 389 P.3d 115 (Haw. 2016). “HRS § 667-104(4) states that it is “a prohibited practice for any association” to “[e]omplet[e] or attempt[ ] to complete nonjudicial foreclosure proceedings against a unit owner in violation of section 667-92(c).”
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