Report Title:

Condominiums; Associations; Fees; Notice Requirement

 

Description:

Amends the condominium property regime law to require an association of apartment owners, that has received a request for information from an owner, to notify the owner in writing of its intent to impose fees for providing that information prior to assessment. Contested fees are to be submitted to arbitration.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1713

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CONDOMINIUM PROPERTY REGIMES.

 

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- Association of apartment owners; prior written notice of assessment of fees on apartment owner. (a) Notwithstanding any provision to the contrary in the declaration or bylaws of any property subject to this chapter, if an apartment owner requests legal or other information from the association of apartment owners, the board of directors, the managing agent, or any agent of the association, board, or managing agent, and the association, board, or managing agent determines that the apartment owner must be charged a fee for that information to be provided, the association shall first:

(1) Notify the apartment owner in writing of the association's intent to assess a fee not less than ten days prior to any assessment; and

(2) Give the apartment owner a reasonable opportunity to contest the imposition of the fee.

(b) If the apartment owner contests the imposition of the fee, and the fee is not waived by the board of directors, the dispute shall be submitted to arbitration pursuant to part VII.

(c) As used in this section:

"Fee" includes attorney's fees, court costs, costs for arbitration or other forms of alternative dispute resolution, and fees related to any of the foregoing, but does not include maintenance fees or common expenses."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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