Report Title:
Condominium Management Dispute Resolution
Description:
Requires real estate commission to appoint a hearings officer to hear disputes relating to condominium management.
THE SENATE |
S.B. NO. |
2105 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONDOMINIUM MANAGEMENT DISPUTE RESOLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 514A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . CONDOMINIUM MANAGEMENT DISPUTE RESOLUTION
§514A- Complaint. Any person with a dispute concerning or involving one or more apartment owners and an association of apartment owners, its board of directors, managing agent, or one or more other apartment owners, relating to the interpretation, application, or enforcement of part V, any rules adopted by the commission pursuant to part V, or the association's declaration, bylaws, or house rules adopted pursuant to the bylaws, may file a complaint with the commission naming one or more apartment owners, an association of apartment owners, a director or the board of directors of an association of apartment owners, or a managing agent as an adverse party.
§514A- Form of complaint; fees and cost; service. The form and content of the complaint, the fees and costs for the filing of the complaint, and the method of service of the complaint by the person filing the complaint on the adverse party shall be in accordance with rules adopted by the commission.
§514A- Hearing; hearing officer; order; fees and costs. (a) The commission shall appoint a hearing officer who shall hold a hearing on the complaint not more than forty-five days following service of the complaint and submit the hearing officer's findings and recommendations to the commission at the close of the hearing. The hearing officer shall be an attorney knowledgeable in condominium law.
(b) Within thirty days of the close of the hearing, the commission shall make a ruling on the findings and recommendations of the hearing officer in writing, and issue an appropriate order pursuant to sections 514A-47, 514A-48, and 514A-49, and any rules adopted by the commission. The commission shall serve the order on each party to the hearing personally or by registered or certified mail.
(c) Each person who is a party to a hearing shall bear the person's own costs, including attorney's fees, unless otherwise ordered by the commission.
§514A- Appeal. Any person that is a party to a hearing and served with any order pursuant to section 514A- may obtain a review thereof in the appropriate circuit court pursuant to section 91-14; provided that any review shall be confined to the record of the commission proceedings and not subject to a trial de novo.
§514A- Confirmation of order. At any time within one year after the order is issued and served, any party to the hearing may apply to the circuit court of the judicial circuit in which the condominium is located for an order of the circuit court confirming the order of the commission. The court shall confirm the order of the commission unless the order is vacated, modified, or amended by the commission or the order is appealed pursuant to section 91-14.
§514A- Commission costs. Any cost incurred by the commission pursuant to this section shall be paid by the department of commerce and consumer affairs out of the condominium management education fund, established pursuant to section 514A-131, and not the compliance resolution fund, established pursuant to section 26-9(o).
§514A- Rules. Within twelve months of the effective date of this Act, the commission shall adopt rules pursuant to chapter 91 necessary for the purposes of this part."
SECTION 2. This Act shall take effect upon its approval.
INTRODUCED BY: |
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