CONFERENCE COMMITTEE REP. NO. 8-22

 

Honolulu, Hawaii

                 , 2022

 

RE:    H.B. No. 2272

       H.D. 1

       S.D. 1

       C.D. 1

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2272, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO CONDOMINIUM ASSOCIATIONS,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to:

 

     (1)  Specify that a condominium declaration may be amended at any time by the vote or written consent of unit owners representing at least sixty-seven percent of the common interest;

 

     (2)  Require the developer's public report to include annual reserve contributions based on a reserve study as part of the breakdown of the annual maintenance fees;

 

     (3)  Clarify time and date requirements for petitions to amend bylaws and calls for special meetings; time frame for approval of minutes; and board meeting participation;

 

     (4)  Clarify the conditions for use of electronic voting devices;

 

     (5)  Specify that the use of electronic meetings and electronic, machine, or mail voting are to be at the sole discretion of the board of directors and expand the circumstances under which such use is authorized;

 

     (6)  Specify that a board of directors may make rules for owner participation at board meetings available on the association's website;

 

     (7)  Require that the reserve study be performed by an independent, certified reserve study preparer who shall not be affiliated with the managing agent of the association and require that the reserve study be prepared or updated at least every three years; and

 

     (8)  Specify that an association's cash flow plan be based on thirty-year projections.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Specifying that the declaration may be amended by at least sixty-seven percent of unit owners, unless the declaration is amended by the unit owners to require a higher percentage;

 

     (2)  Specifying that the reserve study must be reviewed by an independent reserve study preparer and reviewed or updated at least every three years; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2272, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2272, H.D. 1, S.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

ROSALYN H. BAKER

Chair

 

____________________________

AARON LING JOHANSON

Chair