HOUSE OF REPRESENTATIVES	H.B. NO.	2243
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CONDOMINIUMS.

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

SECTION 1. Section 514B-137, Hawaii Revised Statutes, is amended to read as follows:

"§514B-137 Upkeep of condominium. (a) Except to the extent provided by the declaration or bylaws, the association is responsible for the operation of the property, and each unit owner is responsible for maintenance, repair, and replacement of the owner's unit. Each unit owner shall afford to the association and the other unit owners, and to employees, independent contractors, or agents of the association or other unit owners, during reasonable hours, access through the owner's unit reasonably necessary for those purposes. Unless entry is made pursuant to subsection (b), if damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association, if it is responsible, is liable for the prompt repair thereof; provided that the association shall not be responsible to pay the costs of removing or replacing any finished surfaces or other barriers that impede its ability to maintain and repair the common elements.

(b) The association shall have the irrevocable right, to be exercised by the board, to have access to each unit at any time as may be necessary for making emergency repairs to prevent damage to the common elements or to another unit or units.

(c) Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. All devices and safeguards as required by the applicable county building code shall be maintained in conformance with the code. The association or the association's designated agency shall be responsible for the maintenance of buildings and structures. The appropriate county building official shall have the authority to require a building or structure to be reinspected."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on January 1, 2050.

Report Title:

Condominiums; Maintenance; County Building Codes; Inspections

Description:

Requires buildings and structures to be maintained in a safe and sanitary condition. Requires devices and safeguards to be maintained in conformance with county building codes. Requires condominium associations or their designated agents to be responsible for the maintenance of the buildings and structures. Authorizes county building officials to require a building or structure to be reinspected. Effective 1/1/2050. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.