STAND. COM. REP. NO.  1291-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2465

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Housing, to which was referred S.B. No. 2465, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

begs leave to report as follows:

The purpose of this measure is to allow petitioners adequate time to be heard at a special meeting of a condominium association and to prohibit an association from adopting rules for association meetings that would otherwise require a vote of a majority of the quorum to change, except as provided in the association bylaws or by Robert's Rules of Order Newly Revised.

The Hawaii Council of Associations of Apartment Owners and many individuals testified in support of this measure.  Hawaii State Association of Parliamentarians, Mililani Town Association, and many individuals testified in opposition to this measure.  Community Associations Institute, Hawaii Chapter commented on this measure.

     Your Committee has amended this measure by:

(1)  Changing the definition of "adequate time";

(2)  Deleting the provision prohibiting an association from adopting rules for association meetings that would otherwise require a vote of a majority of the quorum to change, except as provided in the association bylaws or by Robert's Rules of Order Newly Revised;

(3)  Prohibiting an association from adopting permanent standing or permanent special meeting rules that limit or restrict discussion or debate for any association meeting; and

(4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2465, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2465, S.D. 1, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Housing,

____________________________

RIDA T.R. CABANILLA, Chair