THE SENATE

S.B. NO.

369

TWENTY-NINTH LEGISLATURE, 2017

 

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-   Retaliation prohibited. (a) An association of apartment owners, board of directors, managing agent, resident manager, apartment owner, or any person acting on behalf of an association of apartment owners or an apartment owner shall not retaliate or discriminate against an apartment owner who, through a lawful action done in an effort to address, prevent, or stop a violation of this chapter or governing documents of the association of apartment owners:

(1) Complains or otherwise reports an alleged violation;

(2) Causes a complaint or report of an alleged violation to be filed with the association of apartment owners, the commission, or other appropriate entity;

(3) Participates in or cooperates with an investigation of a complaint or report filed with the association of apartment owners, the commission, or other appropriate entity;

(4) Otherwise acts in furtherance of a complaint, report, or investigation concerning an alleged violation; or

(5) Exercises or attempts to exercise any right under this chapter or the governing documents of the association of apartment owners.

(b) An apartment owner may bring a civil action in district court alleging a violation of this section. If the apartment owner prevails, the court may issue an injunction or award damages, court costs, attorneys' fees, or any other relief the court deems appropriate.

(c) As used in this section, "governing documents" means an association of apartment owners' declaration, bylaws, or house rules; or any other document that sets forth the rights and responsibilities of the association of apartment owners, its board of directors, its managing agent, or the apartment owners."

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

"514B-   Retaliation prohibited. (a) An association, board, managing agent, resident manager, unit owner, or any person acting on behalf of an association or a unit owner shall not retaliate or discriminate against a unit owner who, through a lawful action done in an effort to address, prevent, or stop a violation of this chapter or governing documents of the association:

(1) Complains or otherwise reports an alleged violation;

(2) Causes a complaint or report of an alleged violation to be filed with the association, the commission, or other appropriate entity;

(3) Participates in or cooperates with an investigation of a complaint or report filed with the association, the commission, or other appropriate entity;

(4) Otherwise acts in furtherance of a complaint, report, or investigation concerning an alleged violation; or

(5) Exercises or attempts to exercise any right under this chapter or the governing documents of the association.

(b) A unit owner may bring a civil action in district court alleging a violation of this section. If the unit owner prevails, the court may issue an injunction or award damages, court costs, attorneys' fees, or any other relief the court deems appropriate.

(c) As used in this section, "governing documents" means an association's declaration, bylaws, or house rules; or any other document that sets forth the rights and responsibilities of the association, its board, its managing agent, or the unit owners."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

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Report Title:

Condominiums; Associations; Board of Directors; Condominium Owners; Violations; Retaliation; Prohibition

 

Description:

Prohibits associations of apartment owners, boards of directors, managing agents, resident managers, and condominium owners from retaliating or discriminating against a condominium owner who files a complaint; acts in furtherance of a complaint, report, or investigation of an alleged violation of the State's condominium laws or a condominium's governing documents; or exercises or attempts to exercise any right as a condominium owner.

 

 

 

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