HOUSE OF REPRESENTATIVES

H.B. NO.

242

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.  The legislature finds that many condominium unit owners lack familiarity with the laws pertaining to condominium ownership.  This puts unit owners at a disadvantage in adversarial proceedings against a condominium's board of directors, which is often represented by an attorney.  The legislature further finds that some individuals are losing their homes in these proceedings.

     The purpose of this Act is to establish a condominium unit owner hotline to provide unit owners with legal information in matters relating to disputes with the board of directors.

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

     "§514B-    Condominium unit owner hotline.  (a)  There is established within the department of commerce and consumer affairs real estate branch a condominium unit owner hotline.  The hotline shall be operated by the commission for the purpose of providing condominium unit owners with legal information in matters relating to disputes with a condominium's board of directors.

     (b)  The hotline shall be toll free and available Monday through Friday during normal business hours, excluding state and federal holidays.

     (c)  The commission may charge a reasonable fee for individuals requesting assistance from the hotline; provided that the fee shall be waived for low-income individuals.  To qualify as low-income, an individual shall have an annual household income (before taxes) that is below the following amounts:

     (1)  $25,290, for a household size of one;

     (2)  $34,096, for a household size of two;

     (3)  $42,902, for a household size of three;

     (4)  $51,708, for a household size of four;

     (5)  $60,514, for a household size of five;

     (6)  $69,320, for a household size of six;

     (7)  $78,126, for a household size of seven; and

     (8)  $86,968, for a household size of eight.

For households with more than eight people, the commission shall adjust the qualifying annual household income amount by adding $8,843 per additional person to the dollar amount listed in paragraph (8).

     (d)  Attorneys may volunteer to answer calls to the hotline and provide legal information.  The supreme court shall adopt rules necessary to qualify this service for pro bono credit.

     (e)  The hotline shall be funded by the condominium education trust fund established pursuant to section 514B-71."

     SECTION 3.  Section 514B-71, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The commission shall establish a condominium education trust fund that the commission shall use for [educational] the following purposes[.]:

     (1)  Educational purposes, which shall include financing or promoting:

    [(1)] (A)  Education and research in the field of condominium management, condominium project registration, and real estate, for the benefit of the public and those required to be registered under this chapter;

    [(2)] (B)  The improvement and more efficient administration of associations;

    [(3)] (C)  Expeditious and inexpensive procedures for resolving association disputes; [and]

    [(4)] (D)  Support for mediation of condominium related disputes[.]; and

     (2)  To fund the condominium unit owner hotline pursuant to section 514B-   ."

     SECTION 4.  There is appropriated out of the condominium education trust fund established pursuant to section 514B-71, Hawaii Revised Statutes, the sum of $          or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the purposes of this Act.

     The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Condominiums; Low-Income Households; Hotline

 

Description:

Establishes a condominium unit owner hotline to provide unit owners with legal information relating to disputes with a condominium's board of directors.  Services are provided free of charge for qualifying low-income households.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.