Hawaii Condo Law

Ordinance 07-2 - Notification of Dog Bites — This law requires medical service providers and veterinarians to report incidents of serious bodily injury from a dog bite to the Honolulu police. The police are required to forward the incident report for investigation by the animal control contractor (currently the Hawaiian Humane Society). The animal control contractor is required to make a determination whether the dog is dangerous.

This law does not directly affect community associations since it is unlikely that community associations, their directors or employees would be required to provide the notice. However, since incidents with dogs is a growing problem for community associations, the reporting requirement may result in actions to remove dogs from communities.

Ordinance 07-3 — Unsafe Motor Vehicles Near Schools — This law prohibits the parking of dangerous vehicles on public streets in a school zone. A dangerous vehicle is: (a) one with an exterior part that is sharp, pointed or jagged; (b) a broken windshield or window; or (c) an unlocked or open door or window that would permit access to sharp, pointed or jagged parts.

Once again, this law does not directly affect community associations, but it may affect parking by association residents on public streets.

Ordinance 07-10 — Real Property Tax Classifications for Condominiums — This law eliminates the distinction for real property tax purposes between improved residential, unimproved residential and apartment uses. Over the years, the City and County of Honolulu have been adjusting residential real property tax rates so that the rates for condominiums are now the same for other improved residential property. For the fiscal year ending June, 2007, the tax rate for $1,000 net assessed value of land was $3.59 for both improved residential and apartment properties. This new law finalizes the process of equalizing the tax rates and creates a single tax rate for all residential property beginning with the tax year beginning July 1, 2008. We anticipate, however, that for the tax year commencing on July 1, 2007 that the tax rate for condominiums and improved residential property will be the same.

Ordinance 07-22 — Adoption of 2003 Edition of the Uniform Building Code — This law adopts the 2003 Edition of the Uniform Building Code. The law becomes effective on September 18, 2007. Community Associations making modifications to their projects after that date may need to comply with the new edition of the building code.

Ordinance 07-29 — Sewer Rates — This law adopts new sewer rates for the City and County of Honolulu. The new rates will be effective on July 1, 2007.

In honor of Flag Day, I wanted to remind you that community associations are subject to the Freedom to Display the American Flag Act of 2005. As explained in my July 25, 2006 post, associations are limited in its ability to prevent a member of the association from displaying the flag of the United States on residential property to which the member owns or has a right to exclusive possession or use. A member’s right to display the flag is not unlimited, however. You may wish to review the July 25, 2006 post.

This post lists the bills and resolutions of interest to community associations that passed this year.

Bill 50 (2007) was introduced in the Honolulu City Council to require the existing highrise residential buildings that are not equipped with automatic sprinkler systems to have a fire-retardant coating applied to the building exterior as well as the interior walls and ceiling surfaces of all common areas. If the bill passes, the retrofit would be required to be completed by January 1, 2013. The bill has been referred to the Committee on Planning and Sustainability which is chaired by Councilman Gary Okino. The members of the committee are Romy Cachola, Todd Apo, Ann Kobayashi and Rod Tam. No hearing has been set for the bill.