REPORT TITLE:
Condos; Atty's Fees


DESCRIPTION:
Permits an arbitrator to award reasonable attorneys' fees, not to
exceed 25% of damages, in condominium arbitration cases.
(HB1344 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1344
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ATTORNEYS' FEES.



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

 1      SECTION 1.  Section 514A-124, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]�514A-124[]]  Costs, expenses and legal fees.  (a)
 
 4 Notwithstanding any provision in this chapter, the declaration,
 
 5 or the bylaws to the contrary, [the declaration or the bylaws,]
 
 6 except as provided in subsection (b), the award of any costs,
 
 7 expenses, and legal fees by the arbitrator shall be in the sole
 
 8 discretion of the arbitrator and the determination of costs,
 
 9 expenses, and legal fees shall be binding upon all parties. 
 
10      (b)  The arbitrator may award reasonable attorneys' fees;
 
11 provided that the fees awarded shall not exceed twenty-five per
 
12 cent of damages awarded by the arbitrator."
 
13      SECTION 2.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 3.  This Act shall take effect upon its approval.