Recodification Review; Appro

Appropriates funds to conduct a comprehensive review of
condominium property regimes law.

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



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

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                                     H.B. NO.           H.D. 1        

 1      SECTION 2.  There is appropriated out of the condominium
 2 management education fund the sum of $80,000, or so much thereof
 3 as may be necessary for fiscal year 1999-2000, and the same sum,
 4 or so much thereof as may be necessary for fiscal year 2000-2001,
 5 for the purpose of conducting a comprehensive review of the
 6 condominium property regimes law.  The funds shall be used to
 7 establish a temporary full-time condominium specialist position,
 8 exempt from chapters 76 and 77, Hawaii Revised Statutes, who
 9 shall be a licensed attorney with legal, professional,
10 administrative, and analytical work experience that demonstrates
11 the ability to plan and coordinate activities and deal
12 effectively with others, and preferably includes experience in
13 the condominium law, statutory drafting, and dealing effectively
14 with diverse organizations.  The funds shall also be used for
15 those administrative expenses incurred, and office equipment and
16 supplies used, for purposes of conducting this review.
17      SECTION 3.  The review shall include condominium and common
18 interest laws of other states, the Uniform Common Interest Act,
19 and other related laws and issues.  In addition, the review shall
20 include consultation with the department of commerce and consumer
21 affairs, other state and county agencies, and other private
22 organizations and individuals representing diverse interests
23 pertaining to condominium property regimes.

Page 3                                                     354
                                     H.B. NO.           H.D. 1        

 1      SECTION 4.  The real estate commission shall submit a status
 2 report of the review and submit draft legislation to the
 3 legislature no later than twenty days before the convening of the
 4 2000 regular session, and shall submit a status report to the
 5 legislature no later than twenty days before the convening of the
 6 2001 regular session.  The final report of the real estate
 7 commission, including findings, recommendations, and draft
 8 legislation, shall be submitted to the legislature no later than
 9 twenty days before the convening of the 2002 regular session.
10      SECTION 5.  The sum appropriated from the condominium
11 management education fund shall be expended by the department of
12 commerce and consumer affairs for the purposes of this Act.
13      SECTION 6.  This Act shall take effect on July 1, 1999.