Education, ADvocAtion, Participation


        

Hawaii Council of Community Associations

location


HCCA

1050 Bishop St. # 336

Honolulu, Hawaii 96813

ephone:  866-642-4450

Status: The committee(s) on HMS deferred the measure until 03-22-17 2:45PM in conference room 016.

Status: The committee on CPH deferred the measure. 

The committee(s) on JDL/WAM will hold a public decision making on 03-30-17 9:50AM in conference room 211.


Status: This measure has been deleted from the meeting scheduled on Tuesday 02-07-17 2:00PM in conference room 329.

Status: Re-Referred to CPH, WAM.



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.

Status: The committee on CPH deferred the measure.

Requires the Hawaii interagency council on homelessness, in conjunction with and advisement of the department of human services and department of land and natural resources, to establish a working group to examine and develop recommendations related to the establishment of safe zones for persons experiencing homelessness. Requires the working group to submit a report to the legislature. Appropriates funds to support the working group. Takes effect 7/1/2075. (SD1)

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.

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.

Requires guards to meet mandatory instruction and training requirements within 60 days after hiring. Provides for first registration renewal no sooner than two years from initial registration. Requires employers to submit a monthly list of newly hired guards to the Board of Private Detectives and Guards. (HB1515 HD1)

Status:  3/15/2017  The committees on IAC recommend that

            the measure be PASSED, WITH AMENDMENTS.

Status:  The committees on CPC recommend that the measure be PASSED, WITH AMENDMENTS. 

Restricts management fees to an amount that reflects a reasonable value for services rendered. Requires that condominium property managers, associations of apartment owners, and planned community associations make association documents available to owners under reasonable terms, including through a property management company's or association's website, if one exists, and for reasonable costs.

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

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.


Status: The committee(s) on IAC recommend(s) that the measure be deferred. 

Relating to: Providing state income tax credit for condo owners who are assessed for  sprinklers

Status: 03-21-17 The committee(s) on CPH recommend(s) that the measure be PASSED, WITH AMENDMENTS. 

Requires condominium boards to post board meeting agendas and make board meeting materials available to association members at least seven days prior to each meeting. Requires association members to be provided an opportunity to submit materials and present testimony about any item on the board meeting agenda. Requires board meeting minutes to include the recorded vote of each board member on all motions without exception. Requires boards to make approved minutes available to association members within seven calendar days. Reduces the number of days after the meeting by which the board must make available unapproved final drafts of the minutes of a meeting.


Legislative Reference Bureau; Study

Status:   03-21-17 The committee(s) on CPH recommend(s) that the measure be PASSED, WITH AMENDMENTS.

Allows annual condominium education trust fund fees to be used for binding arbitration of condominium disputes.


Clarifies that any violation of a mandatory provision of the State's condominium law by a condominium board of directors or its officers and members is a per se violation of the board's fiduciary duty, but providing a safe harbor provision for a board member who votes for compliance during a board meeting. Balances the right of association members to speak and participate in deliberations and discussions of a board, while ensuring that a board is able to complete its agenda in a timely manner. Requires the notice for board meetings to include a list of items expected to be on the meeting agenda. Requires unapproved final drafts of the minutes of a board meeting to be available within fourteen days after the meeting.

The committees on CPC recommend that the measure be PASSED, WITH AMENDMENTS.


Status:  The committees on CPC recommend that the measure be PASSED, WITH AMENDMENTS.

Legislation


  1. *Hawaii Council relies on its membership to protect or enhance amendments to the condo, co-op and community association law that directly influences your community, your budget and new regulation.
  2. *HCCA needs its members like you to become involved. The more you voice your opinion the more powerful your voices help  to reach your opinions.
  3. ​There is strength in numbers and your membership participation will only increase the representative power of our ranks! JOIN us so that our voices and our views will be heard and together we can make a difference that will enhance and  improve the lives of our member associations.

​HCCA will email you all the deadlines when testimony takes place and when testimony should be submitted. 

The committee(s) on JDL/WAM will hold a public decision making on 03-30-17 9:50AM in conference room 211.

Status:  Referred to CPH.

Relating to:  Reducing and changing  the number  of voters /% of owners needed to amend Condo Documents and Bylaws 

 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 or 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. (SD1)

Clarifies that projects that contain a combination of time share units, transient vacation rentals, and private residential units located in the same project are required to comply with the document, record, and information disclosure requirements under the State's condominium statutes. Requires hard copies of condominium association documents, records, and information to be provided to requesting owners within twenty-four hours and available for download through an internet site. Specifies that failure to make association documents, records, and information available is an unfair or deceptive act or practice.

Reported from CPC (Stand. Com. Rep. No. 1312) as amended in HD 1, recommending passage on Second Reading and referral to JUD.

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.

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.


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.

​Status:  03-21-17 The committee(s) on CPH recommend(s) that

                 the  measure be PASSED, UNAMENDED. 

​HB177 Re Condos  Update  04-04-2017

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.

Status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations




Clarifies that unit renters are prohibited from serving as a board member of a condominium association.

Allows the Department of Human Services to establish puuhonua safe zones where homeless persons may reside. Appropriates funds for establishing the zones. 

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.



3/28/2017  The committees on CPC recommend that the measure be PASSED, UNAMENDED.