REPORT TITLE:
Municipal Services.; Condos


DESCRIPTION:
Requires counties to provide same municipal services to
condominium and cooperative housing corporation communities as
those already provided to residents of residential property.
Appropriates $ for county mandates.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2348
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MUNICIPAL SERVICES.



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

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                MUNICIPAL SERVICES FOR RESIDENTIAL
 
 6                   CONDOMINIUMS AND COOPERATIVES
 
 7      §   -1 Residential condominium municipal services.  Any
 
 8 county that provides any municipal services to any resident of
 
 9 any residential property shall provide the same municipal
 
10 services to all residents of all residential condominium and
 
11 cooperative housing corporation communities.  For the purposes of
 
12 this chapter, "municipal services" includes trash removal, public
 
13 street lighting, public fire hydrants, and road repair of public
 
14 roadways but not parking areas in residential condominium and
 
15 cooperative housing corporation communities.
 
16      §   -2  Access onto private property.  County employees and
 
17 agents shall have authority to enter onto private condominium or
 
18 cooperative housing corporation property on foot and to pass and
 
19 repass on private condominium and cooperative housing corporation
 

 
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                                     S.B. NO.           2348
                                                        
                                                        

 
 1 roadways by vehicle in order to carry out the purposes of this
 
 2 chapter.
 
 3      §   -3  Trash removal.  Counties required to remove
 
 4 residential condominium and cooperative housing corporation trash
 
 5 shall remove the trash by the customary method or by some other
 
 6 method as determined by agreement between the county and the
 
 7 condominium and cooperative housing corporation owners
 
 8 association.  If a county is unable to provide trash removal
 
 9 services to condominium and cooperative housing corporation
 
10 communities, it shall reimburse the communities for some or all
 
11 of the cost expended to have the services performed.
 
12      §   -4  Liability of county.  No county, or its employees or
 
13 agents, shall be liable to a unit owner, a cooperative housing
 
14 corporation, or a condominium owner's association for its
 
15 negligent acts or omissions that arise from any activity
 
16 described in this chapter; provided however, that this section
 
17 shall not relieve a county or its employees and agents from
 
18 liability for grossly negligent, reckless, or intentional acts or
 
19 omissions that arise from any activity described in this
 
20 chapter."
 
21      SECTION 2.  There is appropriated out of the general
 
22 revenues of the State of Hawaii the sum of $        , or so much
 
23 thereof as may be necessary for fiscal year 2000-2001, to assist
 

 
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                                     S.B. NO.           2348
                                                        
                                                        

 
 1 the counties in implementing section 1 of this Act:
 
 2      County of Hawaii                 $
 
 3      County of Honolulu               $
 
 4      County of Kauai                  $
 
 5      County of Maui                   $          
 
 6           Total                       $
 
 7 The sums appropriated shall constitute the State's share of the
 
 8 cost of mandated programs under Article VIII, section 5 of the
 
 9 State Constitution.
 
10      SECTION 3.  This Act shall take effect upon its approval,
 
11 except section 2 shall take effect on July 1, 2000.
 
12 
 
13                           INTRODUCED BY:_________________________