STAND. COM. REP. NO.2829
RE: S.B. No. 2471
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. 2471 entitled:
"A BILL FOR AN ACT RELATING TO CONDOMINIUM PROPERTY REGIMES,"
begs leave to report as follows:
The purpose of this measure is to extend the deadline for obtaining the required percentage of votes from condominium apartment owners to amend condominium property regime bylaws from 120 days to 365 days.
Testimony in support of the measure was received from the Hawaii Independent Condominium and Cooperative Owners and two private citizens. The Community Association Institute, Hawaii Chapter opposed on the basis that the measure included decisions made by a condominium's board of directors under the deadline extension.
The measure applies the 365-day deadline to proposed bylaws submitted by either a board of directors of a condominium property regime or a volunteer apartment owners' committee.
Your Committee is concerned over the establishment of a deadline for bylaw amendments proposed by a board of directors of a condominium property regime. Your Committee believes that the reasons for the time limit for an amendment proposed by a volunteer apartment owners’ committee are not present in the case of a board-proposed amendment.
In light of this belief, your Committee has amended the measure by:
(1) Removing board of directors of a condominium property regime-proposed bylaws from the deadline extension; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and style.
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. 2471, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2471, 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