STAND. COM. REP. NO.  1311

Honolulu, Hawaii

                , 2017

RE:   S.B. No. 369

      S.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 369, 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 prohibit apartment and condominium associations, boards of directors, managing agents, resident managers, and apartment and condominium owners, or any person acting on behalf of an association or owner from retaliating or discriminating against an apartment or condominium owner who takes lawful action to address, prevent, or stop a violation of Hawaii's condominium laws or a condominium's governing documents, or who exercises any rights as an apartment or condominium owner under Chapters 514A and 514B, Hawaii Revised Statutes.

A concerned individual testified in support of this measure.  A concerned individual provided comments.

     While your Committee understands the concern raised regarding the overly broad nature of the definition of the term "retaliation" and its interpretation by the judicial system, the nature of the concern raised is beyond the purview of your Committee on Consumer Protection and Commerce.  Your Committee respectfully requests the Committee on Judiciary to consider this concern further should it decide to deliberate this measure.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 369, S.D. 1, and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

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

____________________________

ROY M. TAKUMI, Chair