94-05Posted on Apr 26, 1994 in Formal Opinions
Opinion Letter No. 94-05
April 26, 1994
Kapolei Association Not an Agency
The Villages of Kapolei Association, a non-profit corporation, is not an agency subject to the UIPA. While a state agency created the Association, and elected its initial board of directors, the Association’s Board is now elected by members of the Association who own property in the Villages of Kapolei. Further, the operations of the Association are subsidized by the payment of maintenance assessments by property owners. Additionally, the purpose of the Association is to provide for management, maintenance, and care of property owned in common by all property owners who are members of the Association. As such, like other condominium of homeowners’ associations, the OIP found that the Association does not perform a government function.