Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents

Introduction

In Caven, Jr. v. Certified Management, Inc., the Supreme Court of Hawai‘i (by Summary Disposition Order, September 5, 2025) addressed how Hawai‘i’s condominium disclosure statutes apply to fees charged for resale-related documents. The Court held that condominium managing agents must make required resale disclosures and records available to unit owners, including resale-specific documents such as the Hawai‘i Association of REALTORS Form RR105c and Statements of Account (SOAs). Importantly, when these materials are made available for download through an internet site, they must be provided “at no cost” to the requesting owner or authorized agent.

The decision arises from charges totaling $1,447.91 assessed to a selling owner, Frederick T. Caven, Jr., for document packages and SOAs connected to the sale of his condominium unit within the Regency at Poipu Kai AOAO (a condominium association), as well as a planned community association (PKA). The managing agent, Certified Management, Inc., dba Associa Hawaii, delivered the documents via its online portal (“Community Archives”) and imposed processing, convenience, expedite, transfer fees and taxes.

The key issues were whether: (1) the resale disclosure obligations in Hawai‘i Revised Statutes (HRS) chapter 514B apply to resale-specific documents like Form RR105c and SOAs, (2) managing agents share the statutory duty to provide them, and (3) online downloads must be provided free of charge. The Supreme Court affirmed the Intermediate Court of Appeals, clarified the statutory scheme, and reversed circuit court rulings that had exempted these items from the statute or from the “no cost” download requirement.

Summary of the Judgment

The Court held:

Form RR105c and Statements of Account are “information and disclosures related to resale of units” under HRS § 514B-152. They are covered by HRS § 514B-154.5 even if they are prepared specifically for a particular sale (i.e., they need not be pre-existing documents kept on file).
Managing agents have the duty, under HRS §§ 514B-152 and 514B-154.5, to make these materials available to the owner because the association fulfills its obligations through its managing agent (among other channels named in the statute).
When the association or its managing agent makes the required documents available for download via an internet site, they must be provided at no cost to the unit owner or the owner’s authorized agent. Paper copies may be charged on a per-page basis up to the statutory cap, plus reasonable administrative costs; but the online option, if offered, must be free.

The Court thus affirmed the ICA’s judgment, which had vacated circuit court orders that excluded Form RR105c and SOAs from chapter 514B and held managing agents outside the “no cost” online rule. The case returns to the circuit court for further proceedings consistent with these holdings. Justice Ginoza dissented.

Analysis

1) Statutory Framework and the Court’s Holistic Reading

The Court’s analysis centered on two provisions in HRS chapter 514B:

HRS § 514B-152 requires condominium associations to “keep financial and other records sufficiently detailed to enable the association to comply with requests for information and disclosures related to resale of units” and to make those records available “pursuant to section 514B-154.5.”
HRS § 514B-154.5(a) obligates that the required “documents, records, and information” be made available to unit owners through the association’s managing agent, resident manager, board (through a board member), or association representative. Subsections (b), (d), and (f) regulate what may be charged for physical copies (generally up to $1 per page plus reasonable administrative costs). Crucially, § 514B-154.5(e) allows the association to comply by making the required items available for download via an internet site “at no cost” to the owner or authorized agent, at the owner’s option.

The Court read §§ 514B-152 and 514B-154.5 together and concluded:

The phrase “documents, records, and information” in § 514B-154.5(a), and the resale disclosures described in § 514B-152, are not limited to pre-existing documents already “kept” by the association. The statute’s breadth (“whether maintained, kept, or required to be provided”) encompasses materials compiled or prepared for a specific resale, including Form RR105c and an SOA.
Even though § 514B-154.5 frequently uses the term “association,” the statute directs that compliance is effected through the managing agent (among other enumerated conduits). Thus, managing agents share the obligation to produce and provide the covered items.
When an internet portal is used to deliver these materials, the statute requires that the download be free of charge to the unit owner or the owner’s agent.

2) Precedents Cited and Their Role

The Court grounded its method of interpretation in familiar Hawai‘i canons:

Citizens Against Reckless Dev. v. Zoning Bd. of Appeals, 114 Hawaiʻi 184, 159 P.3d 143 (2007): Establishes the baseline approach to statutory interpretation—begin with the text; give effect to plain meaning if unambiguous; ascertain legislative intent primarily from statutory language; and consult context and extrinsic aids if ambiguity exists.
In re Maui Fire Cases, 155 Hawaiʻi 409, 565 P.3d 754 (2025), citing State v. Wheeler, 121 Hawaiʻi 383, 219 P.3d 1170 (2009): Reiterates the same canons and confirms a de novo standard for statutory construction.

Relying on these authorities, the Court applied a text-first, context-aware reading of §§ 514B-152 and -154.5. It found the statutory language sufficiently clear to resolve the dispute: “documents, records, and information” includes resale disclosures whether pre-existing or prepared; managing agents are the association’s statutorily designated conduit for compliance; and internet site downloads, if used, must be free.

3) The Court’s Legal Reasoning

Plain text and structure control. The Court emphasized that § 514B-154.5(a) speaks in terms of “documents, records, and information” and expressly covers items “whether maintained, kept, or required to be provided.” This defeated the managing agent’s attempt to limit the statute to already-kept documents.
In pari materia reading with § 514B-152. Section 514B-152 requires records “sufficiently detailed” to enable resale disclosures. Reading the two provisions together, the Court concluded that resale-specific documents like Form RR105c and SOAs fall squarely within the disclosure regime, even if compiled for an individual sale.
Role of managing agents under the statute. Although “association” and “managing agent” are distinct definitions (§ 514B-3), § 514B-154.5 assigns the association’s compliance to specific channels—including the managing agent. As the association’s chosen conduit, the managing agent is obligated to make disclosures available and cannot avoid the “no cost” download rule by pointing to its status as a contractor rather than the association itself.
No-cost rule for internet downloads. Section 514B-154.5(e) allows associations to comply by providing online downloads “at the option” of the unit owner and “at no cost.” Because Associa used its online “Community Archives” portal to deliver the materials, it was required to do so without charge.
Fee limits for physical copies remain. For non-digital compliance, § 514B-154.5(b), (f) cap copying charges at $1 per page (with an exception for pages exceeding legal size) plus reasonable administrative costs. But where the association/agent uses online delivery, the statute prohibits charging for downloads.

4) Application to This Case

Covered association. The decision applies to the condominium association (Regency at Poipu Kai AOAO). Claims tied to the planned community association (PKA) were dismissed below because planned community associations are governed outside chapter 514B; that dismissal was not challenged on appeal.
Covered documents. Both the Form RR105c (HAR’s resale disclosure form) and the SOA fall within § 514B-152’s “information and disclosures related to resale of units.”
Delivery method and fees. Associa provided the documents via its internet portal and charged various fees (processing, convenience, expedite, transfer, tax). Under § 514B-154.5(e), online downloads must be at no cost. The Court’s reasoning forecloses charging for the act of making required documents available online.

5) Impact and Implications

The decision has immediate operational and financial implications for condominium associations and their managing agents in Hawai‘i:

Online portals must deliver required resale materials for free. If an association (or its agent) uses an internet site to provide the required “documents, records, and information,” it cannot charge for the download. This rule directly affects common fee practices such as “processing,” “convenience,” “expedite,” or “digital access” charges tied to document delivery through a website.
Preparation obligations extend to resale-specific documents. Associations cannot avoid preparing tailored materials like Form RR105c and SOAs by claiming they are not “kept” records. The statute demands production of all resale-related “documents, records, and information,” not just existing files.
Paper copies remain billable within strict caps. If an owner elects physical copies or if the association does not provide an online option, the association may charge up to $1 per page (with a narrow size exception) plus reasonable administrative costs, as specified in § 514B-154.5(b), (f).
Channel of compliance matters. The association’s obligations run through its managing agent, resident manager, board, or representative. Managing agents that host the association’s portal must ensure compliance with the “no cost” rule for downloads.
Exposure for past practices. Associations and agents that previously charged for online access to required resale materials may face claims for refunds or statutory noncompliance. The Court’s decision does not resolve remedial questions (e.g., damages, restitution, or unfair/deceptive practices claims under HRS chapter 480), which may be litigated on remand or in future cases.
Unpublished but instructive. Although issued as a Summary Disposition Order “not for publication,” the ruling comes from the Supreme Court of Hawai‘i and provides clear guidance on reading §§ 514B-152 and -154.5. Practitioners and lower courts will likely treat it as influential when addressing similar disputes, especially given its clear statutory construction.

Complex Concepts Simplified

Association vs. Managing Agent: The “association” is the condominium owners’ association; the “managing agent” is a contractor hired to operate the property. Even though they are distinct, the statute makes the managing agent a designated channel for the association’s disclosure duties. Result: managing agents must perform the association’s disclosure obligations.
Form RR105c: A time-sensitive resale disclosure form created by the Hawai‘i Association of REALTORS to convey up-to-date association information during a sale. Even if generated per transaction, it counts as “information related to resale” that the statute requires be made available.
Statement of Account (SOA): A transaction-specific summary used by escrow to ensure that association charges (assessments, fees, etc.) are accounted for in the closing. It too is covered by the statute’s disclosure regime.
“Documents, records, and information”: Broad statutory language that includes both existing records and items that must be compiled or created to satisfy resale disclosure requirements.
No-cost download rule: If the association/agent provides the required materials via an internet site, the owner or authorized agent can choose to download them for free. If the owner wants paper copies instead, the association can charge limited per-page and reasonable administrative fees.

Practical Guidance and Compliance Checklist

For condominium associations and managing agents:

Review your online portal practices. If you make resale disclosures available online, remove any charges for downloading required materials (including Form RR105c and SOAs).
Clarify fee schedules. For physical copies, ensure charges do not exceed $1 per page (with limited exceptions) and that “reasonable administrative costs” are actually tied to duplication, postage, stationery, and handling.
Distinguish document-production costs from transactional fees. The Court addressed the cost of making required disclosures available. Other closing-related charges (e.g., a separate transfer-of-ownership fee) were not adjudicated here; ensure that any such charges are authorized elsewhere in law or governing documents and are not imposed as a condition of accessing required disclosure documents online.
Ensure your processes can generate resale-specific disclosures. Develop workflows for timely preparing Form RR105c equivalents and SOAs as part of your § 514B-152 compliance.
Train your teams and update vendor contracts. Managing agents are the statutory conduit; contracts and practices must align with § 514B-154.5, including the “no cost” rule for online delivery.
Audit past charges and consider remediation. Work with counsel to assess exposure for prior online download charges and to plan corrective steps.

For unit owners, realtors, and escrow professionals:

When available, choose online download to receive required resale materials at no cost.
If you request paper copies, expect capped per-page fees plus reasonable handling costs.
If faced with online “processing,” “convenience,” or “expedite” charges merely to access required documents, point to § 514B-154.5(e) and this decision’s interpretation.

Conclusion

The Supreme Court of Hawai‘i’s decision in Caven, Jr. v. Certified Management, Inc. clarifies two pivotal points under HRS chapter 514B’s condominium disclosure regime:

Resale-specific documents—including Form RR105c and Statements of Account—are encompassed by the statutory mandate to provide “documents, records, and information” related to the resale of units. The duty is not limited to pre-existing records.
When the association (through its managing agent or other designated channel) makes these materials available for download via an internet site, the statute requires that the download be free of charge to the unit owner or the owner’s authorized agent.

Together, these holdings curb paywall practices for online disclosure portals and reinforce a consumer-protective framework that ensures sellers receive essential resale information without online access fees. While physical copy charges remain permissible within statutory limits, associations and their managing agents must align online delivery systems with the no-cost mandate and be prepared to generate tailored resale disclosures on demand. The ruling provides clear operational guidance and will likely shape disclosure practices across Hawai‘i’s condominium sector.