Bill Text: HI HB1797 | 2016 | Regular Session | Introduced
Bill Title: Planned Community Associations; Dispute Resolution; Ombudsman
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to CPC, JUD, FIN, referral sheet 2 [HB1797 Detail]
Download: Hawaii-2016-HB1797-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1797 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to planned community associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 421J-13, Hawaii Revised Statutes, is amended to read as follows:
"[[]§421J-13[]] Mediation
of disputes. (a) At the request of any party, any dispute concerning or
involving one or more members and an association, its board of directors,
managing agent, manager, or one or more other members relating to the
interpretation, application, or enforcement of this chapter or the association
documents, shall first be submitted to mediation.
(b) Nothing in subsection (a) shall be interpreted to mandate the mediation of any dispute involving:
(1) Actions seeking equitable relief involving threatened property damage or the health or safety of association members or any other person;
(2) Actions to collect assessments;
(3) Personal injury claims; or
(4) Actions against an association, a board of directors, or one or more directors, officers, agents, employees, or other persons for amounts in excess of $2,500 if insurance coverage under a policy of insurance procured by the association or its board of directors would be unavailable for defense or judgment because mediation was pursued.
(c) If any mediation under this section is not completed within two months from commencement, no further mediation shall be required unless agreed to by the association and the member.
(d) In the event mediation does not resolve the dispute, at the request of any party, the office of the ombudsman shall be assigned to settle the dispute with the initiating party paying the initial fees necessary to settle such dispute; provided that the final liability for the fees shall be determined by the office of the ombudsman."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Planned Community Associations; Dispute Resolution; Ombudsman
Description:
Creates an alternative dispute resolution process in the event that mediation fails to resolve the dispute. Allows the Office of the Ombudsman to determine the liability of legal fees.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
