1050 Bishop St. # 336
Honolulu, Hawaii 96813
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Requires officers and directors of associations of apartment owners to disclose activities that could reasonably be construed as a conflict of interest and cease the activity or withdraw from office. Prohibits attorneys from representing both the board and managing agent of the association. Prohibits board members from purchasing units at foreclosure sales resulting from the association's lien for unpaid assessments. Prohibits associations from contracting with service providers that have a close connection to a board member or officer of the association. Prohibits any person who contracts to provide services to the association or participates in the association's operation from owning more than fifteen per cent of the units in a project or from purchasing property that is subject to a lien by the association. Prohibits any employee of an association or person who contracts to provide goods or services to an association from soliciting, receiving, or accepting any undisclosed fee, compensation, commission, or gratuity from a third party who provides goods or services or solicits to provide goods or services to the association.
Relating to: Reducing and changing the number of voters /% of owners needed to amend Condo Documents and Bylaws
Creates the Condominium Dispute Resolution Commission to address disputes between a condominium owner and condominium association. Establishes a Commission Ombudsman. Allows the Commission to assess fees to pay for the Commission Ombudsman.
Establishes managerial functions in the operation of the property of a managing agent of a condominium. Exempts certain persons from managing agent licensing and registration requirements.
Allows the Department of Human Services to establish puuhonua safe zones where homeless persons may reside. Appropriates funds for establishing the zones.
Education, ADvocAtion, Participation
Requires 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.
Clarifies that the removal or replacement of a director elected by a class of unit owners shall be by a majority of only the members of that class. Specifies that for an election in a mixed-use condominium project where directors are elected by different classes of owners, an association may cast a 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.
Authorizes an alternative method of amendment for a condominium association's declaration and bylaws; provided that certain requirements are met.
Clarifies that when a standard proxy form is returned with no boxes checked or more than one box checked, the proxy shall be deemed defective and shall be counted for quorum purposes only.
Relating to: an amendment to the borrowing provision that allows Association’s to borrow funds without meeting the 50% owners’ consent requirement to install health and safety equipment as a result of a legislative mandate where 20% of the owners live outside the US.
Clarifies that unit renters are prohibited from serving as a board member of a condominium association.
Requires prompt repair of any damages to the common areas or common elements in a planned community association or condominium. Specifies that if a management company or managing agent is responsible for repairs on an association's behalf and fails to complete the repairs in a timely fashion, a unit owner may repair damages and seek reimbursement from the management company or managing agent.
Hawaii Council of Community Associations
Requires resident managers to be licensed by the department of commerce and consumer affairs prior to engaging in community association management for a condominium association. Requires the department to establish the licensure requirements for resident managers.
Relating to: Providing state income tax credit for condo owners who are assessed for sprinklers
Legislative Reference Bureau; Study
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