Condominiums, Study

Appropriates funds for a comprehensive review of the condominium
property regimes law and related laws and issues.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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

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 1 of the condominium property regimes law.  This Act appropriates
 2 funds for a review of the condominium property regimes law and
 3 related laws and issues.
 4      SECTION 2.  The real estate commission shall review and
 5 update Hawaii's condominium property regimes law.  The review
 6 shall include condominium and common interest laws of other
 7 states, the Uniform Common Interest Act, and other related laws,
 8 such as those related to zoning and subdivision, and issues
 9 relating to condominization of agricultural lands.  In addition,
10 the review shall include consultation with the department of
11 commerce and consumer affairs, other state and county agencies,
12 and other private organizations and individuals representing
13 diverse interests pertaining to condominium property regimes.
14      SECTION 3.  The funds appropriated by this Act shall be used
15 to conduct the review by contracting with a licensed attorney
16 with legal, professional, administrative, and analytical work
17 experience who demonstrates the ability to plan and coordinate
18 activities and deal effectively with others, and preferably who
19 has experience in condominium law, statutory drafting, and in
20 dealing effectively with diverse organizations.  The funds may
21 also be used for those administrative expenses incurred and
22 office equipment and supplies used to conduct this review.

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 1      SECTION 4.  The real estate commission shall submit status
 2 reports of the review and any draft legislation to the
 3 legislature no later than twenty days prior to the convening of
 4 the regular sessions of 2001 and 2002.  The real estate
 5 commission shall submit a final report of the review, including
 6 findings and recommendations, and draft legislation to the
 7 legislature no later than twenty days prior to the convening of
 8 the regular session of 2003.
 9      SECTION 5.  There is appropriated out of the general
10 revenues of the State of Hawaii the sum of $85,000, or so much
11 thereof as may be necessary for fiscal year 2000-2001, to conduct
12 a comprehensive review of the condominium property regimes law.
13      SECTION 6.  The sum appropriated shall be expended by the
14 department of commerce and consumer affairs for the purposes of
15 this Act.
16      SECTION 7.  This Act shall take effect on July 1, 2000.
18                       INTRODUCED BY:  ___________________________