On April 26, 2007, the Legislature passed Senate Bill No. 1704 CD1. The bill would amend Hawaii Revised Statutes Chapter 514A by re-enacting Parts I, V, and VII of the old Act. The legislature accidentally deleted these parts of HRS Chapter 514A. As I explained, even when portions of the new Condominium Property Act (514B) are normally automatically applicable to existing condominiums, they still may not apply. Specifically, the statutory sections listed above are automatically applicable to existing condominiums unless:

  1. you are dealing with an event or circumstance occurring before July 1, 2006;
  2. It conflicts with the existing provision of one of the condominium documents and the conflict would invalidate a reserve right of a developer; or
  3. It conflicts with the existing provision of one of the condominium documents and the conflict would be an unreasonable impairment of contract.
Therefore, the bill would re-enact these provisions so that they would be applicable when one of these three exceptions apply. In addition, the re-enacted provisions of HRS Chapter 514A would apply in existing condominiums that have not opted-in on topics that are not automatically applicable in HRS Chapter 514B.

Act 244 effective 7/2/2007

Deleted, “The bill is awaiting the governor review.” and added provisions about Act 244.