THE SENATE

S.B. NO.

316

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INFRASTRUCTURE MAINTENANCE IN HOUSING SUBDIVISIONS.

 

 

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

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HOUSING SUBDIVISIONS

     §   -1  Definitions.  For purposes of this chapter:

     "County" means a county having a population greater than two hundred thousand but less than five hundred thousand.

     "Housing subdivisions" or "subdivision" means land that has been divided into two or more lots for the construction of housing under the applicable county code, including the designation of easements for the purpose of sale, lease, rental, or transfer of title and is not a planned community.

     "Maintenance" includes:

     (1)  The costs to manage, maintain, and repair roads and other infrastructure;

     (2)  Insurance costs; and

     (3)  Fees for the management and collection of assessments.

     "Planned community" has the same meaning as in section 421J-2.

     §   -2  Road repair and maintenance.  (a)  A lot owner in a subdivision that is not a planned community shall pay assessments, as provided by this chapter, necessary for the repair and maintenance of the subdivision roads.  The assessments shall be determined by an association, corporation, or court-appointed entity.  The association, corporation, or court-appointed entity shall assess and collect fees for the repair and maintenance of the subdivision roads.

     (b)  If no court-appointed or deed-designated entity is authorized to assess and collect fees for the repair and maintenance of the subdivision roads pursuant to subsection (a), the county where the subdivision is located shall assess and collect fees from the lot owners and expend those funds to repair and maintain the subdivision roads.

     (c)  Each county responsible for the assessment and collection of fees for the repair and maintenance of subdivision roads may designate each applicable subdivision as a special improvement district pursuant to section 46-80.5 or a community facilities district pursuant to section 46-80.1.

     (d)  The authority provided to the counties under sections 46-80.1 and 46-80.5 shall apply to this chapter.

     §   -3  County duties regarding housing subdivisions; road maintenance and repair.  (a)  Each county shall provide:

     (1)  Training to volunteer association boards on their responsibilities, including training on the conduct of effective meetings pursuant to established rules of order;

     (2)  Auditing services on the assessments and use of funds for the repair and maintenance of subdivision roads; and

     (3)  Arbitration and mediation services to resolve disputes between a lot owner and the entity responsible for the assessment and collection of fees for the repair and maintenance of subdivision roads.

     (b)  A county may assess a reasonable fee to an individual or entity who is provided a service or other assistance pursuant to subsection (a)."

     SECTION 2.  Act 200, Session Laws of Hawaii 2022, section 2, is amended as follows:

     1.  By amending subsection (d) to read:

     "(d)  The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of [2024.] 2026."

     2.  By amending subsection (f) to read:

     "(f)  The working group shall be dissolved on June 30, [2024.] 2026."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2025-2026 for the purposes of the working group established by Act 200, Session Laws of Hawaii 2022; provided that:

     (1)  All moneys unexpended and unencumbered for the purposes of the working group as of June 30, 2026, may be expended by the counties for the purposes of section 1 of this Act; and

     (2)  The moneys appropriated pursuant to this section shall not lapse at the end of the fiscal year for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2027, shall lapse as of that date.

     The sum appropriated shall be expended by the county or counties specified in section 2(a) of Act 200, Session Laws of Hawaii 2022, for the purposes of this section.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2025.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

Report Title:

Counties; Housing Subdivisions; Infrastructure; Roads; Repair and Maintenance; Working Group; Act 200, SLH 2022; Assessments; Appropriation

 

Description:

Requires lot owners in subdivisions that are not planned communities to pay for the repair and maintenance of subdivision roads.  Authorizes counties to assess and collect fees for repair and maintenance of subdivision roads if no court‑appointed or deed‑designated entity is authorized to do so.  Requires counties to provide certain services to associations.  Restricts provisions to counties having a population greater than 200,000 but less than 500,000.  Extends the reporting date and sunset date for the working group established pursuant to Act 200, SLH 2022.  Appropriates moneys.

 

 

 

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