Report Title:

Condominiums; Nonjudicial Foreclosures; Common Expenses

Description:

Establishes the time at which the purchaser of an apartment in a nonjudicial foreclosure becomes responsible for the owners' share of common assessments and expenses; creates exceptions. (HB929 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

929

TWENTY-SECOND LEGISLATURE, 2003

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. Section 514A-90, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Except as provided in subsection (g), when the mortgagee of a mortgage of record or other purchaser of an apartment obtains title to the apartment as a result of foreclosure of the mortgage, the acquirer of title and the acquirer's successors and assigns shall not be liable for the share of the common expenses or assessments by the association of apartment owners chargeable to the apartment which became due prior to the acquisition of title to the apartment by the acquirer. The unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the apartment owners, including the acquirer and the acquirer's successors and assigns. The mortgagee of record or other purchaser of the apartment shall be deemed to acquire title and shall be required to pay the apartment's share of common expenses and assessments beginning:

(1) Thirty-six days after the order confirming the sale to the purchaser has been filed with the court;

(2) Sixty days after the hearing at which the court grants the motion to confirm the sale to the purchaser [; or], unless a party to the foreclosure action declares bankruptcy or is involuntarily placed into bankruptcy, a party to the hearing or the foreclosure action requests reconsideration of the motion to confirm sale, a party to the hearing or the foreclosure action subsequently objects to the form of the order to confirm sale, or a party to the hearing or the foreclosure action appeals the decision of the court to grant the motion to confirm the sale;

(3) Thirty days after the auction in a nonjudicial power of sale foreclosure, unless a party to the foreclosure action declares bankruptcy or is involuntarily placed into bankruptcy, a party to the hearing or the foreclosure action requests reconsideration of the motion to confirm sale, a party to the hearing or the foreclosure action subsequently objects to the form of the order to confirm sale, or a party to the hearing or the foreclosure action appeals the decision of the court to grant the motion to confirm the sale; or

[(3)] (4) Upon the recording of the deed,

whichever occurs first."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.