Report Title:

Condominiums; Notice of Fees

 

Description:

Requires an association of apartment owners to provide written notification of its intent to assess fees for information requested by an owner, prior to assessment, and allows an owner to withdraw an information request. Contested fees are to be submitted to mediation. (HB1713 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1713

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

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 law to the contrary, if an apartment owner requests legal or other information from the association of apartment owners, board of directors, managing agent, or any agent thereof, and it is determined that the apartment owner will be charged a fee for the requested information, the association shall first give the apartment owner:

(1) Written notice of the association's intent to assess a fee not less than ten days prior to any assessment; and

(2) A reasonable opportunity to contest the imposition of the fee or withdraw the request for information.

(b) No fee shall be imposed on an apartment owner that withdraws a request pursuant to subsection (a)(2).

(c) If an apartment owner contests the imposition of a fee and the fee is not waived by the board of directors, the dispute shall be submitted to mediation.

(d) As used in this section:

"Fee" includes attorney's fees, court costs, costs for mediation 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.