REPORT TITLE:
Nonpaymnt of Maintenance Fees


DESCRIPTION:
Allows an association of apartment owners to terminate common
privileges, such as utilities for nonpayment of maintenance fees.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           643
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CONDOMINIUMS. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 514A, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to part V to be appropriately
 
 3 designated and to read as follows:
 
 4      "514A-     Termination of utilities.  Notwithstanding any
 
 5 law, rule, or provision of the condominium declaration, bylaws,
 
 6 or house rules to the contrary, the association of apartment
 
 7 owners may authorize its board of directors, after thirty days'
 
 8 prior written notice to the apartment owner's first mortgagee of
 
 9 nonpayment of common assessments, to terminate the delinquent
 
10 apartment's common privileges and cease supplying the delinquent
 
11 apartment with any and all services normally supplied or paid for
 
12 by the association.  Any terminated services and privileges shall
 
13 be restored upon payment of all assessments.  Notwithstanding any
 
14 other provision of this chapter, a vote of a majority of those
 
15 attending an annual or special meeting of the association, in
 
16 person or by proxy, shall be necessary to permit the board to
 
17 take the actions authorized by this section.  Notwithstanding any
 
18 other provision of this chapter, the vote or written consent of a
 
19 majority of apartment owners shall be necessary to permit the
 

 
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                                     S.B. NO.           643
                                                        
                                                        

 
 1 board to take the actions authorized by this section."
 
 2      SECTION 2.  New statutory material is underscored.
 
 3      SECTION 3.  This Act shall take effect upon its approval.
 
 4 
 
 5 INTRODUCED BY:  ______________________   ________________________