Hawaii Condo Law

There is a hearing on Thursday, February 9, 2006 at 2:30 p.m. in room 016 on a bill of interest to community associations before the Senate Intergovernmental Affairs Committee before Chair, Sen. David Y. Ige and Senate Human Services Committee before Chair, Sen. Suzanne Chun Oakland. The hearing notice discusses the following bill of interest to community associations:

SB 2938 would require entity proposing to situate a halfway house, clean and sober home, or drug rehabilitation home in a community shall provide at least ninety days notification to the affected neighborhood boards and legislators that represent the district where the facility is to be located. The bill’s summary states that notice is also to be provided to community associations, but that provision is not included in the text of the bill. If the intent is to notify community associations, the bill should be amended to provide for it.

Persons wishing to testify should submit 35 copies of their testimony to the committee clerk, Room 226, State Capitol, 24 hours prior to the hearing. Testimony may also be faxed if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), at least 24 hours prior to the hearing. When faxing, please indicate to whom the testimony is being submitted, the date and time of the hearing, and the required number of copies needed for submittal.

02/11/06: corrected title of post to reflect the topic of the bill.

There is a hearing on Wednesday, February 8, 2006 at 2:05 p.m. in room 325 on a bill of interest to community associations before the House Consumer Protection and Commerce Committee before Chair, Rep. Robert N. Herkes. The hearing notice discusses the following bill of interest to community associations:

HB 1981 provides for a tax credit for the sale of leased fee interests. This is similar to bills that were introduced last year such as HB 1554. The bill would at least provide an incentive to lessors to sell the leased fee interest in light of the loss of the City and County of Honolulu’s mandatory conversion law.

(On January 31, 2006, I reported on a hearing for this bill before the House Housing Committee. The bill was reported out of the House Housing Committee without any amendments.)

PERSONS WISHING TO TESTIFY ARE REQUESTED TO SUBMIT 35 COPIES OF THEIR TESTIMONY AT LEAST 24 HOURS PRIOR TO THE HEARING TO: (1) THE COMMITTEE’S VICE CHAIR IN ROOM 425, STATE CAPITOL, OR (2) THE HOUSE SGT.-AT-ARMS TESTIMONY DROP OFF BOX IN THE TURNAROUND AREA OF THE CAPITOL BASEMENT PARKING LOT. TESTIMONY MAY ALSO BE FAXED IF LESS THAN 5 PAGES IN LENGTH TO THE HOUSE SGT.-AT-ARMS OFFICE AT: 586-6501 (OAHU) OR 1-800-535-3859 (NEIGHBOR ISLANDS). WHEN FAXING, PLEASE INDICATE TO WHOM THE TESTIMONY IS BEING SUBMITTED, THE DATE AND TIME OF THE HEARING, AND THE REQUIRED NO. OF COPIES THAT IS NEEDED FOR SUBMITTAL.

02/11/06: fixed link to bill

There is a hearing on Wednesday, February 8, 2006 at 9:00 a.m. in room 229 on a bill of interest to community associations before the Senate Judiciary and Hawaiian Affairs Committee before Chair, Sen. Colleen Hanabusa. The hearing notice discusses the following bill of interest to community associations:

SB 2611 would modify the vexatious litigant statute that was adopted after a condominium owner filed multiple lawsuits against a condominium association. The statute is hardly used because it applies only when the plaintiff is not represented by an attorney and files five civil actions within a seven year period. The bill would modify the statute so that it would apply not only to plaintiffs, but also other litigants, presumably counterclaimants and third-party claimants. Although the expansion of the law to other types of litigants probably makes sense, it is unlikely that the law will have much impact as few individuals bring that many claims without an attorney.

Since testimony has already been taken on this bill, no testimony will be accepted at this hearing.