THE TWENTY-NINTH LEGISLATURE
REGULAR SESSION OF 2017
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Senator Rosalyn H. Baker, Chair |
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Senator Clarence K. Nishihara, Vice Chair |
NOTICE OF HEARING
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DATE: |
Tuesday, March 21, 2017 |
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TIME: |
9:00 a.m. |
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PLACE: |
Conference Room 229 State Capitol 415 South Beretania Street |
A G E N D A
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RELATING TO CONDOMINIUMS. Repeals chapter 514A, Hawaii Revised Statutes, relating to condominium property regimes, and ensures that all condominiums in the State are governed under chapter 514B, Hawaii Revised Statutes, relating to condominiums. Effective January 1, 2019. (Proposed SD1)
Copies of the proposed SD 1 are available from the Senate Document Center and on the Legislature's website: www.capitol.hawaii.gov.
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CPH |
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RELATING TO CONDOMINIUMS. Part I: requires copies of contracts between the association and the resident manager or general manager to be made available to any unit owner, and allows certain personal information to be redacted from the contracts. Part II: clarifies that in cases where the removal or replacement of a director elected by a class of unit owners is authorized, such removal or replacement may be by a majority of only the members of that class; and specifies that, for an election in a mixed-use condominium project where directors are elected by different classes of owners, an association may cast the vote or votes allocated to any nonresidential unit owned by the association where those eligible to vote in the election are limited to owners of one or more nonresidential units, including the nonresidential unit owned by the association. Part III: clarifies the procedures to amend condominium association declarations, bylaws, and other governing instruments that are not of a material adverse nature to condominium owners or do not imperil the viability or stability of the condominium association. Effective 7/1/2050. (Proposed SD1)
Copies of the proposed SD 1 are available from the Senate Document Center and on the Legislature's website: www.capitol.hawaii.gov.
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CPH |
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RELATING TO CONDOMINIUM ASSOCIATIONS. Parts I through IV: clarifies the process, including payment obligations, mediation requirements, and triggers for further default, where a condominium unit owner and association reach a payment plan to resolve a nonjudicial foreclosure; establishes procedures that provide condominium owners with the right to submit disputed legal fees, penalties for fines, late fees, lien filing fees, or other charges, except for common expense assessments, to the mediation process prior to payment; and makes conforming amendments. Part V: expands the scope of the condominium education trust fund to cover voluntary binding arbitration between interested parties; amends the conditions that mandate mediation and exceptions to mandatory mediation. (Proposed SD1)
Copies of the proposed SD 1 are available from the Senate Document Center and on the Legislature's website: www.capitol.hawaii.gov.
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CPH, JDL/WAM |
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RELATING TO CONDOMINIUMS. Prohibits associations of apartment owners, boards of directors, managing agents, resident managers, condominium owners, and condominium owners from retaliating or discriminating against a condominium owner, board member, managing agent, resident manager, or association employee who files a complaint; acts in furtherance of a complaint, report, or investigation of an alleged violation of the State's condominium laws or a condominium's governing documents; or exercises or attempts to exercise any right as a condominium owner. (HB177 HD2)
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CPH |
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RELATING TO CONDOMINIUMS. Allows association members who are not on the board to participate in any deliberation or discussion, except for executive sessions. Allows the condominium board members pursuant to board rules to limit the time provided to any member of the condominium association to participate in discussions to a reasonable time. Allows members of a condominium association to attend executive sessions with approval by a majority vote of the condominium board members, subject to certain limitations. (HB832 HD1)
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CPH |
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RELATING TO CHARITABLE ORGANIZATIONS. Clarifies the Attorney General's regulatory authority over charitable organizations and charitable assets. Establishes procedures for deactivation of an obsolete charitable organization. Clarifies requirements for financial reports for solicitation campaigns and charitable organizations' annual reports. Makes housekeeping amendments to exemptions from registration and reporting requirements. (HB1028 HD2)
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CPH, JDL |
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Decision Making to follow, if time permits.
Click here to submit testimony to the Senate Committee on Commerce, Consumer Protection, and Health.
Testimony may be submitted up to 24 hours prior to the start of the hearing.
FOR AMENDED NOTICES: Measures that have been deleted are stricken through and measures that have been added are underscored. If a measure is both underscored and stricken through, that measure has been deleted from the agenda.
If you require auxiliary aids or services to participate in the public hearing process (i.e. ASL or foreign language interpreter, or wheelchair accessibility), please contact the committee clerk at least 24 hours prior to the hearing so that arrangements can be made.
FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT (808)586-6070.
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_____________________________________ Senator Rosalyn H. Baker Chair |
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