REPORT TITLE:
Recodification Review; Appro


DESCRIPTION:
Appropriates funds to conduct a comprehensive review of
condominium property regimes law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.354        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

MAKING AN APPROPRIATION FOR A REVIEW OF THE CONDOMINIUM PROPERTY
   REGIMES LAW.



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

 1      SECTION 1.  Condominium property regimes play a major role
 
 2 in Hawaii's housing and will play a larger role in the next
 
 3 century.  The condominium property regime law, chapter 514A,
 
 4 Hawaii Revised Statutes, is approximately thirty-eight years old.
 
 5 Act 180, Session Laws of Hawaii 1961, was the initial law
 
 6 relating to condominium property regimes.  The present law is the
 
 7 result of numerous amendments enacted over the years made in a
 
 8 piecemeal fashion and with little regard to the law as a whole.
 
 9      Those who live and work with the law report that the
 
10 condominium property regime law is unorganized, inconsistent,
 
11 obsolete in some areas and micromanages condominium associations.
 
12 The law is also overly regulatory, hinders development, and
 
13 ignores technological changes and the present day development
 
14 process.  However, the desire to modernize the law must be
 
15 balanced by the need to protect the public and to allow the
 
16 condominium community to govern themselves.
 
17      Accordingly, the purpose of this Act is to update, clarify,
 
18 organize, deregulate, and provide for consistency and ease of use
 

 
Page 2                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1 of the condominium property regime law.
 
 2      SECTION 2.  There is appropriated out of the condominium
 
 3 management education fund the sum of $80,000, or so much thereof
 
 4 as may be necessary for fiscal year 1999-2000, and the same sum,
 
 5 or so much thereof as may be necessary for fiscal year 2000-2001,
 
 6 for the purpose of conducting a comprehensive review of the
 
 7 condominium property regimes law.  The funds shall be used to
 
 8 employ a temporary full-time condominium specialist position,
 
 9 exempt from chapters 76 and 77, Hawaii Revised Statutes, who
 
10 shall be a licensed attorney with legal, professional,
 
11 administrative, and analytical work experience that demonstrates
 
12 the ability to plan and coordinate activities and deal
 
13 effectively with others, and desired experience in the
 
14 condominium law, statutory drafting, and dealing effectively with
 
15 diverse organizations.  The funds shall also be used for
 
16 administrative expenses, office equipment, and supplies.
 
17      SECTION 3.  The review shall include condominium and common
 
18 interest laws of other states, the Uniform Common Interest Act,
 
19 and other related laws and issues.  In addition, the review shall
 
20 include consultation with the department of commerce and consumer
 
21 affairs, other state and county agencies, and other private
 
22 organizations involved with condominium property regimes.
 

 
 
 
Page 3                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 4.  The real estate commission shall submit status
 
 2 reports of the review to the legislature no later than twenty
 
 3 days before the convening of the 2000 regular session and the
 
 4 2001 regular session.  The final report of the real estate
 
 5 commission including findings, recommendations, and draft
 
 6 legislation, if appropriate, shall be submitted to the
 
 7 legislature no later than twenty days before the convening of the
 
 8 2002 regular session.
 
 9      SECTION 5.  The sum appropriated from the condominium
 
10 management education fund shall be expended by the department of
 
11 commerce and consumer affairs for the purposes of this Act.
 
12      SECTION 6.  This Act shall take effect on July 1, 1999.
 
13 
 
14                           INTRODUCED BY:  _______________________