Condominiums, Limited Common Elements
Adds trash chutes and elevator telephones to list of limited common elements. Redefines limited common elements.
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CONDOMINIUMS.
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- Common elements, limited common elements, difference. A declaration may be amended at any time to clarify that common elements that do not benefit all apartments are limited common elements and specify which common elements are actually limited common elements. This amendment may be done at any time by the board without the need for approval of the apartment owners otherwise required under section 514A-11. Only elements that benefit all apartment owners shall be listed in a declaration as common elements."
SECTION 2. Section 514A-3, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "common elements" to read:
""Common elements", unless otherwise provided in the declaration, means [
(1) The land included in the condominium property regime, whether leased or in fee simple;
(2) The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, trash chutes, and entrances and exits of the building or buildings;
(3) The basements, flat roofs, yards, gardens, recreational facilities, parking areas, and storage spaces;
(4) The premises for the lodging or use of janitors and other persons employed for the operation of the property;
(5) Central and appurtenant installations for services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerators;
(6) The elevators, elevator telephones, escalators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;
(7) Such facilities as may be designated as common elements in the declaration; and
(8) All other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use."
2. By amending the definition of "common interest" to read:
""Common interest" means the percentage of undivided interest in the common elements appertaining to each apartment, as expressed in the declaration, [
and any] where the usage and benefits are enjoyed by all apartments. Any specified percentage of the common interests means such percentage of the undivided interests in the aggregate. The common interest percentage for each apartment is derived by adding all square footage of living area of all apartments, and then dividing the square footage of living area for each apartment into that figure. A percentage shall not change unless the square footage of the apartment or the aggregate apartments change."
3. By amending the definition of "limited common elements" to read:
""Limited common elements" [
means and] includes those common elements designated in the declaration as reserved for the use of a certain apartment or certain apartments [ to the exclusion of the other apartments; provided that no amendment of the declaration affecting any of the limited common elements shall be effective without the consent of the owner or owners of the apartment or apartments for the use of which such limited common elements are reserved.] while the other apartments derive no benefit from it."
SECTION 3. Section 514A-11, Hawaii Revised Statutes, is amended to read as follows:
"§514A-11 Recordation and contents of declaration. The bureau of conveyances and the land court shall immediately set up the mechanics and method by which recordation of a master deed or lease and the declaration may be made. Provisions shall be made for the recordation of instruments affecting the individual apartments on subsequent resales, mortgages, and other encumbrances, as is done with all other real estate recordations; provided that land court certificates of title shall not be issued for apartments. The declaration to which section 514A-20 refers shall express the following particulars:
(1) Description of the land, whether leased or in fee simple, on which the building or buildings and improvements are or are to be located;
(2) Description of the building or buildings, stating the number of stories and basements, the number of apartments, and the principal materials of which it or they is or are constructed or to be constructed;
(3) The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, immediate common element to which it has access, designated parking stall if considered a limited common element, and any other data necessary for its proper identification;
(4) Description of the common elements;
(5) Description of the limited common elements, if any, stating [
to] which apartment or apartments [ their] use [ is reserved;] and benefit from them;
(6) The percentage of undivided interest in the common elements appertaining to each apartment and its owner for all purposes, including voting;
(7) Statement of the purposes for which the building or buildings and each of the apartments are intended and restricted as to use;
(8) The name of a person to receive service of process in the cases hereinafter provided, together with the residence or place of business of the person which shall be within the county in which the property is located;
(9) Provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, or restore the property in the event of damage or destruction of all or part of the property;
(10) Any further details in connection with the property that the person executing the declaration may deem desirable to set forth consistent with this chapter;
(11) The method by which the declaration may be amended, consistent with this chapter; provided that an amendment to the declarations of all condominium projects existing as of May 22, 1991, and all condominium projects created thereafter shall require a vote or written consent of seventy-five per cent of all apartment owners, except as otherwise provided in section 514A-3 relating to limited elements or in this chapter; provided further that the declarations of condominium projects having five or fewer apartments may provide for the amendment thereof by a vote or written consent of more than seventy-five per cent of all apartment owners;
(12) Description as to any additions, deletions, modifications, and reservations as to the property, including without limitation provisions concerning the merger or addition of later phases of the project. To the extent provided in the declaration, an amendment to the declaration that is made to implement those additions, deletions, modifications, reservations, or merger provisions shall require the vote or written consent of only the declarant or such percentage of apartment owners as is provided in the declaration; and
(13) A declaration subject to the penalties set forth in section 514A-49(b) that the condominium property regime is in compliance with all zoning and building ordinances and codes, and all other permitting requirements pursuant to section 514A-1.6, and specifying in the case of a property which includes one or more existing structures being converted to condominium status:
(A) Any variances which have been granted to achieve such compliance; and
(B) Whether, as the result of the adoption or amendment of any ordinances or codes, the project presently contains any legal non-conforming uses or structures;
except that a property that is registered pursuant to section 514A-31 shall instead provide this declaration pursuant to [
section[ ]] 514A-40."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.