STAND

STAND. COM. REP. NO.1067

Honolulu, Hawaii

, 2003

RE: H.B. No. 75

H.D. 2

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 75, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

begs leave to report as follows:

The purpose of this measure is to authorize a one year extension for the Real Estate Commission's review and proposed recodification of the condominium laws.

The Real Estate Commission (Commission), Hawaii Association of Realtors, Community Associations Institute-Hawaii Chapter, and Hawaii Council of Associations of Apartment Owners testified in support of this measure.

Act 213, Session Laws of Hawaii 2000, directed the Commission to review Hawaii's condominium property regimes law and develop draft legislation consistent with its recommendations for submission to the 2003 Legislature. This measure authorizes a one year extension of the review process, requires that public hearings on the draft legislation be held in the counties of Honolulu, Hawaii, Maui, and Kauai by the end of 2003, and authorizes an appropriation of $95,000 from the Condominium Management Education Fund (CMEF) to the Department of Commerce and Consumer Affairs for related expenses.

Your Committee finds that the condominium law recodification process involves the consideration of complex issues and the interests of various stakeholders. Your Committee further finds that the Commission requires more time to work with stakeholders to refine the current draft, hold statewide public hearings to receive input on the draft, and to finalize the draft law for presentation to the Legislature.

Your Committee has amended this measure by replacing its contents with the language of a substantially similar measure, S.B. No. 1087, S.D. 1. As amended, this measure:

(1) Deletes language directing the Commission to hold public hearings on the draft legislation in the counties of Honolulu, Hawaii, Maui, and Kauai by December 31, 2003;

(2) Expands the membership of the recodification advisory committee to include representatives of the Hawaii Council of Associations of Apartment Owners, Hawaii Independent Condominium and Cooperative Owners, Community Associations Institute-Hawaii Chapter, Hawaii Association of Realtors, and Condominium Council of Maui; and

(3) Requires the recodification advisory committee to meet:

(a) To review the final version of the recodification draft to be presented at public hearings throughout the State; and

(b) After the public hearings, to consider data received at the hearings and to make recommendations to the Commission before the final recodification draft is submitted to the Legislature.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 75, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 75, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,

		____________________________ RON MENOR, Chair