Condominium Law; Review

Appropriates funds for: (1) a review and recodification of the
condominium property regimes law; (2) one full-time temporary
condominium specialist; and (3) other current expenses. (HB2222

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            C.D. 1

                   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-nine 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

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 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 real estate commission shall conduct a
 5 review of Hawaii's condominium property regimes law, make
 6 findings and formulate recommendations for recodification of the
 7 law, and develop draft legislation consistent with its review and
 8 recommendations.  The review shall include an examination of the
 9 condominium and common interest laws of other states, the Uniform
10 Common Interest Act, and other related laws and issues, such as
11 those related to zoning, use of agricultural lands for
12 condominiums, and subdivision of land.  In addition, the
13 commission shall:
14      (1)  Consult with public and private organizations and
15           individuals whose duties and interests are affected by
16           the condominium property regimes law, including the
17           department of commerce and consumer affairs, and other
18           state, county, and private agencies and individuals;
19           and
20      (2)  Conduct a public hearing for the purpose of receiving
21           comments and input on the condominium property regimes
22           law and related laws and issues.

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 1      SECTION 3.  The funds appropriated by this Act shall be
 2 expended to establish a temporary full-time condominium
 3 specialist position, exempt from chapters 76 and 77, Hawaii
 4 Revised Statutes, that shall be filled by a licensed attorney.
 5 The condominium specialist shall have legal, professional,
 6 administrative, and analytical work experience, preferably in
 7 condominium law, statutory drafting, and dealing effectively with
 8 diverse organizations, and shall have demonstrated ability to
 9 plan and coordinate activities and deal effectively with others.
10 The funds appropriated by this Act shall also be expended for
11 administration, equipment, and supplies related to the review.
12      SECTION 4.  The real estate commission shall submit a
13 progress report, including any draft legislation to the
14 legislature no later than twenty days prior to the convening of
15 the regular sessions of 2001 and 2002.  The real estate
16 commission shall submit a final report of the review, including
17 findings and recommendations of the commission, and draft
18 legislation to the legislature no later than twenty days prior to
19 the convening of the regular session of 2003.
20      SECTION 5.  There is appropriated out of the condominium
21 management education fund the sum of $85,000 or so much thereof
22 as may be necessary for fiscal year 2000-2001 to conduct a
23 comprehensive review of the condominium property regimes law,

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 1 including the establishment of one full-time temporary
 2 condominium specialist position in the department of commerce and
 3 consumer affairs, and other current expenses.
 4      SECTION 6.  The sum appropriated shall be expended by the
 5 department of commerce and consumer affairs for the purposes of
 6 this Act.
 7      SECTION 7.  This Act shall take effect on July 1, 2000.