Private Road Laws in Hawaii

Governing Law

Hawaii Revised Statutes § 264 covers roads; condominium associations manage most private roads in Hawaii.

Road Associations in Hawaii

Condominium property regime associations under HRS § 514B govern the majority of private roads.

Notable Facts

Hawaii's volcanic terrain and heavy rainfall create unique road maintenance challenges.

Cost Sharing

Condominium associations assess costs via maintenance fees; rural road costs by written agreement.

Dispute Resolution

Circuit Court handles road and easement disputes; the Real Estate Commission handles HOA issues.

Key Topics for Hawaii Homeowners

• Private road maintenance obligations under Hawaii law
• How to establish or challenge an easement in Hawaii
• Forming a road maintenance association
• Drafting a legally sound cost-sharing agreement
• Steps to resolve private road disputes without litigation