CONFERENCE COMMITTEE REP. NO. 12

 

Honolulu, Hawaii

                 , 2015

 

RE:    S.B. No. 17

       H.D. 2

       C.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam and Sir:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 17, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO REAL ESTATE SELLER DISCLOSURE,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to clarify that the required disclosure of documents relating to restrictions or conditions, including unrecorded rules or guidelines, by a seller for residential real property that is subject to restrictions or conditions on use applies to documents relating to restrictions or conditions within a seller's actual or constructive knowledge or control and all documents subject to disclosure under section 514B-154.5, Hawaii Revised Statutes.

 

     Your Committee on Conference finds that chapter 508D, Hawaii Revised Statutes, was amended in 2013 to, among other things, establish a uniform standard of disclosure for consumers and real estate licensees involved in planned community association, condominium project, and cooperative housing corporation transactions.  Your Committee on Conference further finds that this measure is intended to clarify the required disclosure of documents by a seller for residential real property that is subject to restrictions or conditions on use.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Clarifying that the required disclosure of documents by a seller for residential real property that is subject to restrictions or conditions on use applies to documents relating to restrictions or conditions in a manner consistent with and subject to the seller's duty of good faith as provided for under section 508D-9, Hawaii Revised Statutes; and

 

     (2)  Updating the purpose section.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 17, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 17, H.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

ANGUS L.K. MCKELVEY, Co-Chair

 

____________________________

ROSALYN H. BAKER, Chair

____________________________

KARL RHOADS, Co-Chair