Report Title:
Condominiums; Assessments
Description:
Raises to $3,600 the maximum amount of the special assessment for delinquent monthly common assessments that can be charged against a person who purchases a condominium unit. Expands limitations on association liability for elderly unit owners aging in place to include disabled persons. Effective 7/1/2050. (SD2)
|
THE SENATE |
S.B. NO. |
572 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CONDOMINIUMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Section 514A-90, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h) The amount of the special assessment
assessed under subsection (g) shall not exceed the total amount of unpaid
regular monthly common assessments that were assessed during the six months
immediately preceding the completion of the judicial or nonjudicial power of
sale foreclosure. In no event shall the amount of the special assessment
exceed the sum of [$1,800.] $3,600."
SECTION 2. Section 514B-146, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h)
The amount of the special assessment assessed under subsection (g) shall not
exceed the total amount of unpaid regular monthly common assessments that were
assessed during the six months immediately preceding the completion of the
judicial or nonjudicial power of sale foreclosure. In no event shall the
amount of the special assessment exceed the sum of [$1,800.] $3,600."
PART II
SECTION 3. Section 514B-142, Hawaii Revised Statutes, is amended by amending its title and subsections (a) to (d) to read as follows:
"[[]§514B-142[]] Aging in place or disabled; limitation on
liability. (a)
The association, its directors, unit owners, and their agents and tenants,
acting through the board, shall not have any legal responsibility or legal
liability, with respect to any actions and recommendations the board takes on
any report, observation, or complaint made, or with respect to any
recommendation or referral given, which relates to an elderly or disabled
unit [owner] resident who, may require services and assistance to
maintain independent living in the unit in which the elderly or disabled
unit [owner] resident resides so that the elderly or disabled
unit [owner] resident will not pose any harm to self or to
others, and will not be disruptive to the condominium community because of [the
following] problems of aging and aging in place[:] or living
independently with a physical or mental handicap or disabling condition. This
provision shall apply to residents whose actions or non-actions pose a risk to
their own health or safety or to the health and safety of others, cause harm to
the resident or others, or where physical or mental abuse may be
life-threatening, and who exhibit the following characteristics:
(1) The inability to clean and maintain an independent unit;
(2) Mental confusion;
(3) Abusing others;
(4) Inability to care for oneself; or
(5) Inability to arrange for home care[;
(6) Loneliness and neglect; or
(7) Inappropriate requests of others for
assistance].
For purposes of this section, "elderly" means age sixty-two and older.
(b) Upon a report, observation, or complaint
relating to an elderly or disabled unit [owner] resident aging
or aging in place, or living independently with a physical or mental
handicap or disabling condition which notes a problem similar in nature to
the problems enumerated in subsection (a), the board, in good faith, and
without legal responsibility or liability, may request a functional assessment
regarding the condition of an elderly or disabled unit [owner] resident
as well as recommendations for the services, including appropriate
assistance from state or county agencies, which the elderly or disabled
unit [owner] resident may require to maintain a level of
independence that enables the [owner] resident to avoid any harm
to self or to others, and to avoid disruption to the condominium community.
The board, upon request or unilaterally, and without legal responsibility or
liability, may recommend available services, including assistance from state
or county agencies, to an elderly or disabled unit [owner] resident
which might enable the elderly or disabled unit [owner] resident
to maintain a level of independent living with assistance, enabling in turn,
the elderly or disabled unit owner to avoid any harm to self or others,
and to avoid disruption to the condominium community.
(c) There is no affirmative duty on the part
of the association, its board, the unit owners, or their agents or tenants to
request or require an assessment and recommendations with respect to an elderly
or disabled unit [owner] resident when the elderly or
disabled unit [owner] resident may be experiencing the
problems related to aging and aging in place, or living independently with a
physical or mental handicap or disabling condition enumerated in subsection
(a). The association, its board, unit owners, and their agents and tenants
shall not be legally responsible or liable for not requesting or declining to
request a functional assessment of, and recommendations for, an elderly or
disabled unit [owner] resident regarding problems relating to
aging and aging in place[.], or living independently with a physical
or mental handicap or disabling condition.
(d) If an elderly or disabled unit [owner]
resident ignores or rejects a request for or the results from an
assessment and recommendations, the association, with no liability for
cross-claims or counterclaims, may file appropriate information, pleadings,
notices, or the like, with appropriate state or county agencies or
courts to seek an appropriate resolution for the condominium community and for
the elderly or disabled unit [owner.] resident.
(e) For the purposes of this section, "disabled" shall mean having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. The term does not include current illegal use of or addiction to a controlled substance or alcohol or drug abuse that threatens the property or safety of others."
PART III
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.