HOUSE OF REPRESENTATIVES	H.B. NO.	1756
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PLANNED COMMUNITY ASSOCIATIONS.

 

 

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

 

     SECTION 1.  Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§421J-     Exterior improvements.  (a)  No association may:

     (1)  Assess a fine to any member or tenant of a unit; or

     (2)  Require a member or tenant of a unit to undergo an architectural review by the association's architectural review committee,

for the construction or installation of exterior improvements of the member's or tenant's unit if the improvement was completed three or more years prior to the effective date of this Act or if the construction or installation work was performed by or on behalf of a previous owner, regardless of how much time has elapsed between completion of the construction or installation work and when the current member or tenant took ownership or control of the unit.

     (b)  The association shall have up to ninety days after a public report of a close of sale to assess any fines and enforce the findings of the architectural review, which, once enforced, shall not expire."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Planned Community Associations; Installation; Construction

 

Description:

Prohibits any planned community association from assessing a fine or requiring an architectural review for construction or installation work to the exterior of a member's or tenant's unit if performed more than three or more years ago or if performed by or on behalf of a previous owner of the unit, regardless of when the unit's construction or installation work was completed.  Provides the association up to ninety days after a public report of a close of sale to assess any fines and enforce the findings of the architectural review, which, once enforced, shall not expire.

 

 

 

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