THE SENATE	S.B. NO.	2339
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

relating to property management.

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

     SECTION 1.  Section 514B-161, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a)  If an apartment owner or the board of directors requests mediation of a dispute involving the interpretation or enforcement of the association of apartment owners' declaration, bylaws, or house rules, the other party in the dispute shall be required to participate in mediation[.]; provided that neither party may be represented by an attorney in mediation.  Each party shall be wholly responsible for its own costs of participating in mediation, unless both parties agree that one party shall pay all or a specified portion of the mediation costs.  If a party refuses to participate in the mediation of a particular dispute, a court may take this refusal into consideration when awarding expenses, costs, and attorneys' fees."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2016.

INTRODUCED BY:

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Report Title:

Property Management; Mediation

Description:

Prohibits a unit owner and unit owners' association to be represented by an attorney in mediation.

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