HOUSE OF REPRESENTATIVES

H.C.R. NO.

58

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF CONDOMINIUM ASSOCIATION MANAGERS.

 

 

WHEREAS, condominium association managers are entrusted with managing projects from the very small to those valued at billions of dollars, yet the present legal scheme does not require these managers to have any knowledge of the applicable law; and

WHEREAS, each year the Real Estate Commission receives hundreds of calls and complaints about condominium management, calls that could be reduced if all association managers were knowledgeable about condominium law; and

WHEREAS, the State has attempted to encourage association managers to educate themselves on the law, but some managers do not take advantage of this opportunity; and

WHEREAS, a fundamental change is needed – mandatory association manager education – to ensure that Hawaii condominium residents are protected by having managers who know the law and can advise their boards on compliance; and

WHEREAS, mandatory association manager certification would reduce the regulatory burden on the State and serve the hundreds of thousands of Hawaii residents who live in condominiums by ensuring that the managers are aware of the laws that govern condominiums; and

WHEREAS, House Bill No. was introduced in the House of Representatives during the Regular Session of 2003 as a vehicle to provide for the regulation of trauma scene waste management practitioners; and

WHEREAS, section 26H-6, Hawaii Revised Statutes, requires that new regulatory measures being considered for enactment that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls are to be referred to the Auditor for analysis; and

WHEREAS, that section further requires referral to the Auditor to be by Concurrent Resolution that identifies a specific legislative bill to be analyzed, and that the analysis set forth the probable effects of the proposed regulatory measure, assess whether its enactment is consistent with the policies set forth in section 26H-2, Hawaii Revised Statutes, and assess alternative forms of regulation; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, the Senate concurring, that the Auditor is requested to perform a sunrise review of the regulation of condominium association managers as provided in House Bill No.   , as introduced during the Regular Session of 2003; and

BE IT FURTHER RESOLVED that the Auditor is requested to report findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2004; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Auditor.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Condominium Association Managers, Regulation, Sunrise Review