STAND. COM. REP. NO.2785
RE: S.B. No. 2470
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. 2470 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 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 and to allow contested fees to be submitted to arbitration.
Testimony in support of this measure was received from the Real Estate Commission, Hawaii Independent Condominium & Cooperative Owners, and seven individuals. The Community Associations Institute submitted comments.
Your Committee finds that under current law, an apartment owner may be charged for information requested, with no prior notice of the charge. Your Committee has heard from owners who received bills for hundreds of dollars for requested information, in some cases for information that the owner believed was readily available and of a simple nature.
Your Committee is supportive of the intent of this measure to provide a measure of certainty regarding the costs of such information, but believes the proposed language can be simplified.
Your Committee has amended this measure to:
(1) Clarify that prior notification does not apply to assessing the cost of providing information on delinquent assessments or in connection with procedures to enforce the law of the association's governing documents;
(2) Delete the provisions regarding the contesting of imposition of a fee; and
(3) Delete the definition of "fee".
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. 2470, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2470, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,
RON MENOR, Chair