Bill Text: HI HB1613 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Condominiums.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-17 - Referred to CPC, referral sheet 3 [HB1613 Detail]

Download: Hawaii-2018-HB1613-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1613
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to condominiums.

 

 

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

 

     SECTION 1.  The legislature finds that a condominium project's bylaws serve as the governing document by which the condominium's association of unit owners or its board of directors enforces rules against unit owners.  The legislature further finds that in many cases, a condominium project's bylaws were adopted without participation by current unit owners, who may have purchased their units years after the adoption of the bylaws.  Thus, a unit owner is often at a disadvantage when disputes involving their condominium's bylaws arise between the unit owner and an association or its board of directors.

     The purpose of this Act is to assist condominium unit owners by specifying that in disputes between a unit owner and an association or its board of directors involving activities occurring within the unit owner's unit, condominium bylaws shall be construed in favor of the unit owner.

     SECTION 2.  Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

     "§514B-     Construction of bylaws.  Notwithstanding section 514B-10 or any other law to the contrary, in disputes between a unit owner and an association or its board of directors involving activities occurring within the unit owner's unit:

     (1)  Any bylaw at issue in the dispute shall be strictly construed against the association or its board of directors, and any ambiguity in the bylaw shall be resolved in favor of the unit owner; provided that if a statute, ordinance, or other law specifically addresses the disputed activity, the statute, ordinance, or law shall control;

     (2)  If a bylaw at issue in the dispute requires approval or consent of the association or its board of directors:

         (A)  Approval or consent by a nonresident unit owner's agent shall be deemed equivalent to that of the unit owner in all respects, unless the unit owner has specified in writing the unit owner's disapproval or nonconsent; and

         (B)  For those instances where board approval is required by the bylaws, inaction by the association's board of directors of more than sixty days after the board of directors' consent was requested shall be deemed approval or consent of the association's board of directors;

     (3)  Upon resolution of the dispute, the association may thereafter adopt bylaws that specifically prohibit or allow the disputed activity, but any such bylaw shall apply prospectively and shall not affect activities commenced before its effective date; and

     (4)  Activities not specifically prohibited by a bylaw, statute, ordinance, or law shall be deemed allowed under the bylaws and shall not require approval or consent of the association or its board of directors.

     Nothing in this section shall prevent a unit owner, association, or its board of directors from requesting mediation or arbitration of a dispute under this part."

     SECTION 3.  Section 514B-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any deed, declaration, bylaw, or condominium map shall be liberally construed to facilitate the operation of the condominium property regime[.], subject to the provisions of section 514B-   ."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Condominiums; Bylaws; Disputes

 

Description:

Specifies that in disputes between a condominium unit owner and a condominium association or its board of directors involving activities occurring within the unit owner's unit, bylaws shall be construed in favor of the unit owner.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.