REPORT TITLE:
Condominiums, Study


DESCRIPTION:
Appropriates funds for a comprehensive review of the condominium
property regimes law and related laws and issues, and the
development of proposed legislation recodifying the condominium
law.  (HB2222 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2222
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CONDOMINIUMS.



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

 1      SECTION 1.  Condominium property regimes currently play a
 
 2 major role in Hawaii's housing and will play an even larger role
 
 3 in the next century.  Act 180, Session Laws of Hawaii 1961, was
 
 4 the initial law relating to condominium property regimes.  The
 
 5 condominium property regimes law, chapter 514A, Hawaii Revised
 
 6 Statutes, is now approximately thirty-nine years old.  The
 
 7 present law is the result of numerous amendments enacted over the
 
 8 years made in a piecemeal fashion and with little regard to the
 
 9 law as a whole.
 
10      Those who live and work with the law report that the
 
11 condominium property regimes law is unorganized, inconsistent,
 
12 and obsolete in some areas, and micromanages condominium
 
13 associations.  The law is also overly regulatory, hinders
 
14 development, and ignores technological changes and the present
 
15 day development process.  However, the desire to modernize the
 
16 law must be balanced by the need to protect the public and to
 
17 allow the condominium community to govern itself.
 
18      Accordingly, the purpose of this Act is to update, clarify,
 
19 organize, deregulate, and provide for consistency and ease of use
 
20 of the condominium property regimes law.  This Act appropriates
 

 
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 1 funds for a review of the condominium property regimes law and
 
 2 related laws and issues.
 
 3      SECTION 2.  The real estate commission shall conduct a
 
 4 review of Hawaii's condominium property regimes law, make
 
 5 findings and formulate recommendations for recodification of the
 
 6 law, and develop draft legislation consistent with its review and
 
 7 recommendations.  The review shall include an examination of the
 
 8 condominium and common interest laws of other states, the Uniform
 
 9 Common Interest Act, and other related laws and issues, such as
 
10 those related to zoning, use of agricultural lands for
 
11 condominiums, and subdivision of land.  In addition, the
 
12 commission shall consult with public and private organizations
 
13 and individuals whose duties and interests are affected by the
 
14 condominium property regimes law, including the department of
 
15 commerce and consumer affairs, and other state, county, and
 
16 private agencies and individuals.
 
17      SECTION 3.  The funds appropriated by this Act shall be
 
18 expended to establish a temporary full-time condominium
 
19 specialist position, exempt from chapters 76 and 77, Hawaii
 
20 Revised Statutes, that shall be filled by a licensed attorney.
 
21 The condominium specialist shall have legal, professional,
 
22 administrative, and analytical work experience, preferably in
 
23 condominium law, statutory drafting, and dealing effectively with
 

 
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 1 diverse organizations, and shall have demonstrated ability to
 
 2 plan and coordinate activities and deal effectively with others.
 
 3 The funds appropriated by this Act shall also be expended for
 
 4 administration, equipment, and supplies related to the review.
 
 5      SECTION 4.  The real estate commission shall submit a
 
 6 progress report, including any draft legislation to the
 
 7 legislature no later than twenty days prior to the convening of
 
 8 the regular sessions of 2001 and 2002.  The real estate
 
 9 commission shall submit a final report of the review, including
 
10 findings and recommendations of the commission, and draft
 
11 legislation to the legislature no later than twenty days prior to
 
12 the convening of the regular session of 2003.
 
13      SECTION 5.  There is appropriated out of the general
 
14 revenues of the State of Hawaii the sum of $85,000 or so much
 
15 thereof as may be necessary for fiscal year 2000-2001 to conduct
 
16 a comprehensive review of the condominium property regimes law,
 
17 including the establishment of one full-time temporary position
 
18 in the department of commerce and consumer affairs.
 
19      SECTION 6.  The sum appropriated shall be expended by the
 
20 department of commerce and consumer affairs for the purposes of
 
21 this Act.
 
22      SECTION 7.  This Act shall take effect on July 1, 2000.