STAND. COM. REP. NO.2412
RE: S.B. No. 2300
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2300 entitled:
"A BILL FOR AN ACT RELATING TO CONDOMINIUM PROPERTY REGIMES,"
begs leave to report as follows:
The purpose of this measure is to require both the apartment owner and the board of directors to pay for their own costs in mediating a dispute between them, unless both agree that one party will pay all or a specified portion of the mediation costs.
Testimony in support of this measure was received from the Real Estate Commission, Hawaii Council of Association of Apartment Owners, Hawaii Independent Condominium & Cooperative Owners, and two individuals. The Community Associations Institute submitted comments.
Your Committee finds that the Real Estate Commission is currently undergoing a recodification review of the condominium law, and expects to submit draft legislation in response to the review in the 2003 Session. While your Committee understands the Commission's preference to delay amendments to the law until that time, the current law does not specifically address the payment of costs for mediation. This has left interpretation of the law to the parties.
Your Committee believes this merits further discussion and for this reason has amended this measure to give it a delayed effective date.
As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2300, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2300, S.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,
RON MENOR, Chair