Recodification Review; Appro

Appropriates funds to conduct a comprehensive review of
condominium property regimes law.  (HB354 HD2)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Condominium property regimes currently play a
 2 major role in Hawaii's housing and will play an even larger role
 3 in the next century.  Act 180, Session Laws of Hawaii 1961, was
 4 the initial law relating to condominium property regimes.  The
 5 condominium property regimes law, chapter 514A, Hawaii Revised
 6 Statutes, is now approximately thirty-eight years old.  The
 7 present law is the result of numerous amendments enacted over the
 8 years made in a piecemeal fashion and with little regard to the
 9 law as a whole.
10      Those who live and work with the law report that the
11 condominium property regimes law is unorganized, inconsistent,
12 and obsolete in some areas, and micromanages condominium
13 associations.  The law is also overly regulatory, hinders
14 development, and ignores technological changes and the present
15 day development process.  However, the desire to modernize the
16 law must be balanced by the need to protect the public and to
17 allow the condominium community to govern itself.
18      Accordingly, the purpose of this Act is to update, clarify,
19 organize, deregulate, and provide for consistency and ease of use

Page 2                                                     354
                                     H.B. NO.           H.D. 2

 1 of the condominium property regimes law.  This Act appropriates
 2 funds for a review of the condominium property regimes law and
 3 related laws and issues.
 4      SECTION 2.  The review shall include condominium and common
 5 interest laws of other states, the Uniform Common Interest Act,
 6 and other related laws, such as those related to zoning and
 7 subdivision, and issues relating to condominization of
 8 agricultural lands.  In addition, the review shall include
 9 consultation with the department of commerce and consumer
10 affairs, other state and county agencies, and other private
11 organizations and individuals representing diverse interests
12 pertaining to condominium property regimes.
13      SECTION 3.  The funds appropriated by this Act shall be used
14 to conduct the review by establishing a temporary full-time
15 condominium specialist position, exempt from chapters 76 and 77,
16 Hawaii Revised Statutes, which shall be filled by a licensed
17 attorney with legal, professional, administrative, and analytical
18 work experience who demonstrates the ability to plan and
19 coordinate activities and deal effectively with others, and
20 preferably who has experience in condominium law, statutory
21 drafting, and in dealing effectively with diverse organizations.
22 The funds may also be used for those administrative expenses
23 incurred and office equipment and supplies used to conduct this
24 review.

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                                     H.B. NO.           H.D. 2

 1      SECTION 3.  The real estate commission shall submit status
 2 reports of the review and any draft legislation to the
 3 legislature no later than twenty days prior to the convening of
 4 the regular sessions of 2000 and 2001.  The real estate
 5 commission shall submit a final report of the review, including
 6 findings and recommendations, and draft legislation to the
 7 legislature no later than twenty days prior to the convening of
 8 the regular session of 2002.
 9      SECTION 4.  There are appropriated out of the condominium
10 management education fund the sum of $80,000 or so much thereof
11 as may be necessary for fiscal year 1999-2000 and the same sum or
12 so much thereof as may be necessary for fiscal year 2000-2001 to
13 conduct a comprehensive review of the condominium property
14 regimes law. 
15      SECTION 5.  The sums appropriated shall be expended by the
16 department of commerce and consumer affairs for the purposes of
17 this Act.
18      SECTION 6.  This Act shall take effect on July 1, 1999.