Report Title:

Condominiums; Mediation; Fees and Costs

 

Description:

Requires mediation of certain condominium disputes related to association of apartment owners' declaration, bylaws, or house rules, or state law if requested by an owner or the association. Allows court to consider party's refusal to mediate when awarding costs and attorney's fees. (SD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1231

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

RELATING TO CONDOMINIUMS.

 

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

SECTION 1. Chapter 514A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"514A-   Mediation. If an apartment owner or the board of directors requests mediation of a dispute involving the interpretation or enforcement of the association of apartment owners' declaration, bylaws, or house rules, or involving section 514A-82(b)(1) to (13), 514A-82.1, 514A-82.15, 514A-82.3, 514A-82.5, 514A-82.6, 514A-83, 514A-83.1, 514A-83.2, 514A-83.3, 514A-83.4, 514A-83.5, 514A-84, or 514A-84.5, the other party in the dispute shall be required to participate in mediation. If an owner or the board refuses to participate in the mediation of a particular dispute, a court may take this refusal into consideration when awarding expenses, costs, and attorney's fees in accordance with section 514A-94."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.