Condominium Law; Review

Appropriates funds to review the condominium property regimes law
and make recommendations for recodification.

THE SENATE                              S.B. NO.           237
TWENTIETH LEGISLATURE, 1999                                     
STATE OF HAWAII                                                 

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Condominium property regimes play a major role
 2 in Hawaii's housing and will play a larger role into the next
 3 century.  The condominium property regimes law, chapter 514A,
 4 Hawaii Revised Statutes, is approximately thirty-eight years old.
 5 Act 180, Session Laws of Hawaii 1961, enacted the first laws
 6 relating to horizontal property regimes.  The present law is the
 7 result of numerous amendments enacted over the years in a
 8 piecemeal fashion.  Most amendments were enacted without regard
 9 to the law as a whole.  Those who live and work under this law
10 report that the condominium property regimes law is unorganized,
11 inconsistent, and obsolete in some areas.  The effect of the
12 statutes is to micromanage condominium association management.
13 The statutes need to recognize deregulation efforts and
14 technological changes.  The current law hinders development
15 because it has not been updated to reflect current development
16 process.  However, the desire to modernize the law must be
17 balanced by the need to protect the public and to allow the
18 condominium community to govern themselves.
19      Accordingly, the purpose of this Act is to provide for a

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                                     S.B. NO.           237

 1 review of the current condominium property regimes law in order
 2 to recommend prudent revisions to the law that updates,
 3 clarifies, organizes, provides for consistency and deregulation,
 4 and makes user-friendly the condominium property regimes law.
 5      SECTION 2.  There is appropriated out of the condominium
 6 management education fund the sum of $80,000, or so much thereof
 7 as may be necessary for fiscal year 1999-2000, and the same sum,
 8 or so much thereof as may be necessary for fiscal year 2000-2001,
 9 for the purpose of conducting a comprehensive review of the
10 condominium property regimes law, including the employment of a
11 temporary full-time condominium specialist position exempt from
12 chapters 76 and 77, Hawaii Revised Statutes, and funding for
13 administrative expenses, office equipment, and supplies.
14      The sums appropriated shall be expended by the department of
15 commerce and consumer affairs for the purposes of this Act.
16      SECTION 3.  Candidates for the temporary full-time
17 condominium specialist position authorized in section 2 shall be
18 licensed attorneys.  Required qualifications for the position
19 shall include legal, professional, administrative, and analytical
20 work experience which demonstrates the ability to plan and
21 coordinate activities and deal effectively with individuals and
22 organizations.  Preferred qualifications include experience in
23 the condominium law and statutory drafting.

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                                     S.B. NO.           237

 1      SECTION 4.  The review shall include the condominium and
 2 common interest laws of other states, the Uniform Common Interest
 3 Act, and other related laws and issues.  In addition, the review
 4 shall include consultation with the department of commerce and
 5 consumer affairs, other state and county agencies, and various
 6 organizations involved with condominium property regimes.
 7      SECTION 5.  The real estate commission shall submit status
 8 reports of the review to the legislature no later than twenty
 9 days before the convening of the 2000 regular session and the
10 2001 regular session.  The final report of the real estate
11 commission with recommended legislation shall be submitted no
12 later than twenty days before the convening of the 2002 regular
13 session.
14      SECTION 6.  This Act shall take effect on July 1, 1999.
16                           INTRODUCED BY:  _______________________