STAND. COM. REP. NO.  553

 

Honolulu, Hawaii

                , 2019

 

RE:   H.B. No. 811

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 811 entitled:

 

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to extend the safe harbor provisions found in section 45 of Act 181, Session Laws of Hawaii 2017 (Act 181), until July 1, 2020, to provide sufficient time for condominium property regimes to update their developer's public reports.

 

     Act 181 addresses developer public reporting requirements for condominium property regimes issued an effective date pursuant to the now-repealed sections 514A-40 and 514A-41, Hawaii Revised Statutes (HRS).

 

     The Real Estate Commission, American Resort Development Association-Hawaii, Associa, and Marriott Vacations Worldwide Corporation submitted testimony in support of this measure.

 

     Your Committee recognizes that time share plans should not be subject to the same public reporting requirements as condominiums and that Act 181 should be amended to exempt time share plans from public reporting requirements.

 

Your Committee has amended this measure to:

 

     (1)  Clarify that time share plans should be exempt from developer public reporting and related requirements;

 

     (2)  Make technical, nonsubstantive amendments for clarity and style; and

 

     (3)  Change its effective date to July 1, 2050, to facilitate further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 811, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 811, H.D. 1, and be referred to your Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

 

 

 

 

____________________________

ROY M. TAKUMI, Chair