Hawaii Condo Law

On January 31, 2006, I reported on a Committee Hearing before the House Consumer Protection Committees on SB 2787 relating to Non-Judicial Foreclosure. The Committee voted to hold the bill.

On February 5, 2006, I reported on a Committee Hearing before the House Consumer Protection Committees on SB 2787 relating to Non-Judicial Foreclosure. The Committee deferred the bill until February 13, 2006.

On February 5, 2006, I reported on a Committee Hearing before the Senate Commerce, Consumer Protection and Housing Committee on the following bills:

SB 2668 relating to managing agents. Decision making on the bill has been deferred until Wednesday, February 15, 2006 at 10:00 a.m. in Room 016. No testimony will be accepted.

SB 2763 relating to written notice of delinquent condominium assessments. The Committee voted to approve the bill with amendments which would just require the association delinquency notices to inform the owners of the right to mediate or arbitrate if they pay first.

SB 2962 relating to the Recodification. Decision making on the bill has been deferred until Wednesday, February 15, 2006 at 10:00 a.m. in Room 016. No testimony will be accepted.

SB 2103 relating to the Recodification. Decision making on the bill has been deferred until Tuesday, February 21, 2006 at 9:00 a.m. in Room 016. No testimony will be accepted.

SB 2543 to make Condo Court permanent. The Committee voted to hold the bill.

SB 2545 to extend the Condo Court pilot project. The Committee voted to pass the bill with technical amendments.

SB 2543 to create a 2-year Condo Court pilot project for planned community associations. The Committee voted to hold the bill.

SB 2545 to extend the Condo Court pilot project. The Committee voted to pass the bill with technical amendments.

SB 2092 to prohibit planned community associations from charging members costs for information under certain circumstances. The Committee voted to pass the bill with a defective effective date of July 1, 2050.

SB 2192 relating to planned community association documents. The Committee voted to hold the bill.

SB 3067 regarding joint and several liability for planned community association delinquent assessments. The Committee voted to pass the bill with technical amendments.

SB 2193 to prohibit planned community associations from charging members costs for information under certain circumstances. The Committee voted to pass the bill with a defective effective date of July 1, 2050.

Defective effective dates is a mechanism to keep a bill alive while the legislature determines whether some form of the bill might be acceptable.

On February 6, 2006, I reported on a Committee Hearing before the Senate Judiciary and Hawaiian Affairs Committee on SB 2611 relating to Vexatious Litigants. The Committee voted to approve the bill without amendments.

There is a hearing on Wednesday, February 15, 2006 at 9:00 a.m. in room 016 on a bill of interest to community associations before the Senate Commerce, Consumer Protection and Housing Committee before Chair Senator Ron Menor. The hearing notice discusses the following bill of interest to community associations:

SB 2500 would require title insurers to:

• notify homeowner associations of any closing of sales of real property in homeowner associations and provide the homeowner’s association with the name and address of the new property owner along with the address of the real property;
• collect the transfer fee and remit it to the association; and
• provide the association with a copy of the conveyance document.

The bill refers to “homeowner association” but the term is not defined. It may be more appropriate to referred to “planned community associations under Chapter 421J”. In addition, the bill does not refer to payment of the planned community association’s common assessments, just the transfer fee.

Persons wishing to testify should submit 25 copies of their testimony to the committee clerk, Room 219, 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.

On February 6, 2006, I reported on a Committee Hearing before the Senate Intergovernmental Affairs and Human Services Committees on SB 2938 relating to Community Notification. Decision making on the bill has been deferred until Monday, February 13, 2006 at 9:00 a.m. in Room 229. No testimony will be accepted.

On February 2, 2006, I reported that the Senate Health and Judiciary Committees was hearing a SB 2639 relating to Automatic External Defibrillators. The Health Committee decided to hold the bill. The Judiciary Committee has deferred decision making until Monday, February 13, 2006 at 9:00 a.m. in Room 229. However, the measure is dead unless the Health Committee reconsiders its decision or the Senate pulls the bill from the Health Committee.

On February 5, 2006, I reported on a hearing in the Senate Commerce, Consumer Protection and Housing Committee on SB 2076 relating to the Leasehold Tax Credit. The Committee deferred decision making on the bill to Thursday, February 16, 2006 at 10:00 a.m. in Room 016.

On February 6, 2006, I reported on a hearing before the House Commerce and Consumer Protection Committee on HB 1981 regarding the Leasehold Tax Credit. The Committee voted to approve passage of the bill with amendments.