Report Title:

Service of Process; Condominiums; Planned Community Associations; Cooperative Housing

 

Description:

Requires condominium associations, planned community associations, and cooperative housing corporations to establish a policy to designate a representative to provide entry for a process server.  (SD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1415

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO SERVICE OF PROCESS.

 

 

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

 


     SECTION 1.  Chapter 421I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§421I-    Service of process.  The board of directors of the corporation shall establish a policy to provide reasonable access to process servers in compliance with section 634-  ."

     SECTION 2.  Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§421J-    Service of process.  The board shall establish a policy to provide reasonable access to process servers in compliance with section 634-  ."

     SECTION 3.  Chapter 514A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§514A-    Service of process.  The board of directors shall establish a policy to provide reasonable access to process servers in compliance with section 634-  ."

     SECTION 4.  Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§514B-    Service of process.  The board shall establish a policy to provide reasonable access to process servers in compliance with section 634-  ."

     SECTION 5.  Chapter 634, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§634-    Service of process within a condominium, cooperative housing, or planned community.  (a)  Each board of directors of an association of apartment owners governed by chapter 514A or chapter 514B, cooperative housing corporation governed by chapter 421I, and planned community association governed by chapter 421J shall establish a policy to provide reasonable access as specified in subsection (b) to the building or community to process servers for the purpose of serving any summons, subpoena, notice, or order on a person who is identified by the document being served as residing or present in the condominium, cooperative housing project, or planned community.

     (b)  The policy established pursuant to subsection (a) shall:

     (1)  Allow a process server to access common areas adjacent to a principal entry to the relevant residence within the building or community;

     (2)  Require that a process server present clear personal identification and evidence that the person is authorized to serve process, including documentation clearly indicating the precise name and address, and if applicable, a unit number, of the resident or person staying on the property to be served; 

     (3)  Allow for denial of access to the process server if the process server is not able to produce clear and credible identification and documentation as required in paragraph (2); and 

     (4)  Designate an individual, by title or position, such as a resident manager, a building manager who is located in or reasonably near the building or community, or another person who is generally available to respond to a request for access in a timely manner, and at least one alternate individual in the event that the primary designee is not available to respond to a process server's request for access.

     (c)  As of January 1, 2010, each board of directors of an association of apartment owners of a condominium, cooperative housing corporation, or planned community association shall identify the designees specified in subsection (b)(4) in its biennial registration, in the case of a condominium, or on its annual corporate filing, in the case of a cooperative housing corporation or a planned community association."

     SECTION 6. The department of commerce and consumer affairs shall adopt or amend forms and shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, for the purposes of facilitating implementation of this Act.

     SECTION 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.