HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CONDOMINIUMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 514B-139, Hawaii Revised Statutes, is amended to read as follows:
§514B-139[ ]] Upkeep of condominium; disposition of
unclaimed possessions. (a) When
personalty in or on the common elements of a project has been abandoned, the
board may sell the personalty in a commercially reasonable manner, store the
personalty at the expense of its owner, donate the personalty to a charitable
organization, or otherwise dispose of the personalty in its sole discretion;
(1) If the identity and address of the owner are known, no sale, storage, [
or] donation, or other
disposal shall occur until sixty days after the [ board complies with the
following: (1) The]
board notifies the owner in writing of:
(A) The identity and location of the personalty; and
(B) The board's intent to so sell, store, donate, or dispose of the personalty.
Notification shall be by certified mail, return receipt requested, to the owner's address as shown by the records of the association or to an address designated by the owner for the purpose of notification or, if neither of these is available, to the owner's last known address, if any; or
(2) If the identity or address of the owner is unknown, the board [
first advertise the sale, donation, or disposition at least once in a daily
paper of general circulation within the circuit in which the personalty is
located.] may proceed directly to sell, store, donate, or otherwise dispose
of the personalty.
proceeds of any sale or disposition of personalty under subsection [
(a)(1), after deduction of any accrued costs of mailing, [ advertising,]
storage, and sale, shall be held for the owner for thirty days. Any proceeds not claimed within this period
shall become the property of the association. The proceeds of any sale or disposition of personalty
under subsection (a)(2) shall immediately become the property of the association."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.
Condominiums; Board of Directors; Condominium Upkeep; Disposition of Unclaimed Possessions; Proceeds
Removes the publication requirement and permits the board of directors of a condominium association to proceed directly to the sale, storage, donation, or disposal of personalty that has been abandoned in or on the common elements of a condominium when the identity or address of the owner is unknown. Effective 1/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.