Report Title:

Fees

 

Description:

Prohibits the awarding of certain fees in certain collections actions for any work done in the first ninety days a property owner is late in the payment of a mortgage or certain fees.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1347

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to fees.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 421J-10, Hawaii Revised Statutes, is amended to read as follows:

"[421J-10] Attorneys' fees and expenses of enforcement. (a) All costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of the association for:

(1) Collecting any delinquent assessments against any unit or the owner of any unit;

(2) Foreclosing any lien on any unit; or

(3) Enforcing any provision of the association documents or this chapter;

against a member, occupant, tenant, employee of a member, or any other person who in any manner may use the property, shall be promptly paid on demand to the association by such person or persons; provided that if the association is not the prevailing party, all costs and expenses, including reasonable attorneys' fees, incurred by any such person or persons as a result of the action of the association, shall be promptly paid on demand to the person by the association. The reasonableness of any attorney's fees paid by a person or by an association as a result of an action pursuant to paragraph (2) shall be determined by the court, provided that if the association is the prevailing party, the court shall not award either attorney's fees or the fees of a collection agency incurred as a result of an action pursuant to paragraphs (1) or (2) for any fee incurred during the first ninety days of delinquency."

SECTION 2. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"514B-A In an action to collect fees authorized by this chapter, the court shall not award either attorney's fees or the fees of a collection agency incurred during the first ninety days of a delinquency."

SECTION 3. Chapter 667, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"667-A Prohibition on awarding of fees; foreclosure actions. In an action initiated pursuant to this chapter, the court shall not award either attorney's fees or the fees of a collection agency incurred during the first ninety days of delinquency."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

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