On April 27, 2007, the Legislature passed Senate Bill No. 920 CD1. The bill would amend Hawaii Revised Statutes §514B-153 by adding 3 new subsections (f), (g) & (h) which would require that managing agents obtain the prior written consent to use a condominium association’s owners’ list. If read literally, the provision would require prior written board approval for the managing agent to send out the notice of annual meeting. The bill would also provide that membership lists in the possession of the managing agent or the resident manager are the property of the Association. This is apparently true even if they purchase the owners list from the tax department. Finally, the bill provides that the managing agent, resident manager, or board may not use the information contained in the lists to create any separate list for the purpose of evading this section. It is unclear why the Board is included since they are entitled to authorize the managing agent to use the Association’s list. The changes in the bill does not apply to any time share plan.

Act 243 effective 7/2/2007

7/6/2007: Deleted, “The bill is awaiting the governor review.” and added provisions about Act 243