REPORT TITLE:
Condos; Maint. Fees; From Whom


DESCRIPTION:
Allows condominium associations to collect delinquent maintenance
fees from the tenant of an owner.  Allows tenant to deduct amount
from payment made to landlord apartment owner.  Makes this
requirement prevail in event of conflict with Landlord-Tenant
Code.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.648        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CONDOMINIUM MAINTENANCE FEES.
 


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

 1      SECTION 1.  The payment of maintenance fees for common
 
 2 expenses is an integral part of condominium ownership.
 
 3 Unfortunately, some owners rent out their apartments and then
 
 4 fail to pay the maintenance fees, which breaches their contract
 
 5 with the association and is a hardship on the other owners.  The
 
 6 purpose of this Act is to permit the association to require
 
 7 payment of those fees from the delinquent owner's tenant, and
 
 8 allow the tenant to withhold that sum from the rent, as a method
 
 9 of obtaining the lawfully required maintenance fees.
 
10      SECTION 2.  Chapter 514A, Hawaii Revised Statutes, is
 
11 amended by adding a new section to be appropriately designated
 
12 and to read as follows:
 
13      "�514A-     Collection from tenants.  If the owner of an
 
14 apartment rents or leases the apartment, and is in default for
 
15 thirty days or more in the payment of the apartment's share of
 
16 the common expenses, the board, for as long as the default
 
17 continues, may demand in writing and receive from any tenant
 
18 occupying the apartment, an amount sufficient to pay all sums due
 
19 from the apartment owner to the association, including interest,
 

 
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                                     H.B. NO.648        
                                                        
                                                        

 
 1 if any.  The tenant's payment under this section shall discharge
 
 2 that amount of payment from the tenant's rent obligation, and any
 
 3 contractual provision to the contrary shall be void as a matter
 
 4 of law.  The apartment owner shall not take any retaliatory
 
 5 action against the tenant for payments made under this section.
 
 6 If the board makes a demand upon the tenant pursuant to this
 
 7 section, the tenant shall make the payments demanded by the board
 
 8 and the fact that the board made such a written demand is a
 
 9 complete defense to an action for nonpayment of rent to the
 
10 extent of the amount demanded; provided that the board may not
 
11 exercise this right if a commissioner or receiver has been
 
12 appointed to take charge of the premises pending a mortgage
 
13 foreclosure or if a mortgagee is in possession pending a mortgage
 
14 foreclosure.  In the event of any conflict between this section
 
15 and any provision of chapter 521, this section shall control."
 
16      SECTION 3.  New statutory material is underscored.
 
17      SECTION 4.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:  _______________________