Bill Text: HI SB2334 | 2010 | Regular Session | Introduced
Bill Title: Resident Managers; Condominiums; Cooperative Housing Corporations; Planned Unit Developments
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-22 - (S) Referred to CPN, WAM. [SB2334 Detail]
Download: Hawaii-2010-SB2334-Introduced.html
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THE SENATE |
S.B. NO. |
2334 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to resident managers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
resident managers
§ -1 Definitions. Whenever used in this chapter, unless the context otherwise requires:
"Association" means an association of owners of a condominium, cooperative housing corporation, or planned unit development.
"Board" means the board of directors of an association.
"Commission" means the real estate commission of the State.
"Commissioner" means the real estate commissioner of the State.
"Resident manager" means a person who resides in a dwelling unit at the property that the person manages and is employed by an association to oversee the day-to-day maintenance and care of a condominium project, cooperative housing corporation, or planned unit development, including but not limited to the maintenance of buildings and grounds, collection of rents, and showing available units to prospective renters.
§ -2 Registration required. (a) Every person who is employed as a resident manager shall register with the commission using a form and procedures prescribed by the commission and shall meet all requirements of this chapter.
(b) For purposes of this chapter, a person is employed as a resident manager if the person performs the duties of a resident manager as specified by the board and receives compensation in the form of wages, board, reduced rent or other valuable consideration.
§ -3 Bond. (a) Each person employed as a resident manager shall keep in force a surety bond in the sum of $ , in a form prescribed by the commissioner, during the term of the person's employment. The bond shall be in effect from the date that the person begins employment as a resident manager and shall be continually maintained for the duration of the person's employment.
(b) The bond shall provide for payment, up to the limit of the bond, to any person, including the association or the board, who has sustained loss or damage by the resident manager's violation of this chapter, any consumer protection statute, or any provision of the residential landlord-tenant code, chapter 521.
(c) The bond shall give the injured or aggrieved party a direct and independent action on the bond for a period of one year from the date of the loss or damage.
§ -4 Fees. The commissioner shall determine fees for registration and renewal of registration by rule pursuant to chapter 91. All proceeds from fees collected pursuant to this chapter shall be deposited in the compliance resolution fund established pursuant to section 26-9(o).
§ -5 Background check required. (a) Every person employed as a resident manager shall provide the board with authorization and sufficient information for the board to conduct a background check in accordance with section 421I-12, 514A-82.1, or 514B-133.
(b) The board of each association that employs a resident manager shall determine the criteria for satisfactory passage of a background check pursuant to this section.
§ -6 Restitution. Any person who engages in an unlawful act or practice that violates this chapter may be ordered by a court of competent jurisdiction to make restitution to all persons injured by the act or practice.
§ -7 Penalty. Any person who violates any provision of this chapter shall be fined not more than $ per violation. All proceeds derived from any penalty imposed under this chapter shall be deposited into the compliance resolution fund established pursuant to section 26-9(o).
§ -8 Powers and duties of the commission. In addition to any other powers and duties authorized by law, the commission shall:
(1) Grant licenses, registrations, and certificates pursuant to this chapter;
(2) Adopt, amend, or repeal rules as it may deem proper to effectuate this chapter and carry out its purpose and pursuant to chapter 91;
(3) Enforce this chapter and rules adopted under it;
(4) Suspend, fine, terminate, or revoke any registration for any violation of this chapter or of rules adopted by the commission;
(5) Enter into contracts with or hire qualified persons pursuant to chapter 76 to assist the commission in effectuating the purpose of this chapter; and
(6) Expend moneys from the compliance resolution fund established pursuant to section 26-9(o) as necessary to carry out the purposes of this chapter."
SECTION 2. There is appropriated out of the compliance resolution fund established pursuant to section 26-9(o), Hawaii Revised Statutes, the sum of $ or so much thereof as may be necessary for fiscal year 2010-2011 to effect the purposes of this chapter.
The sum appropriated shall be expended by the real estate commission for the purposes of this Act.
SECTION 3. This Act shall take effect on July 1, 2010.
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INTRODUCED BY: |
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Report Title:
Resident Managers; Condominiums; Cooperative Housing Corporations; Planned Unit Developments
Description:
Established registration requirement and minimum standards for resident managers.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
