Bill Text: HI SB2626 | 2018 | Regular Session | Introduced
Bill Title: Relating To Condominiums.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2018-02-23 - The committee on CPH deferred the measure. [SB2626 Detail]
Download: Hawaii-2018-SB2626-Introduced.html
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THE SENATE |
S.B. NO. |
2626 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to condominiums.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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‑ Managing agents; functions. (a) The functions that may be performed by a managing agent retained for the purpose of managing the operation of the property shall include but not be limited to the following:
(1) Controlling or
disbursing funds of the association;
(2) Preparing
budgets or other financial documents for the association;
(3) Assisting in
providing notice of or conducting an association meeting;
(4) Ensuring
compliance with statutory notice requirements;
(5) Determining
amounts due to the association;
(6) Collecting
amounts due to the association before the filing of a civil action;
(7) Calculating the
votes required for quorum or to approve a proposition or amendment;
(8) Completing all
forms related to the management of the association that are prescribed by a state
agency pursuant to law or rule;
(9) Drafting
association meeting notices and agendas;
(10) Calculating,
preparing, and responding to inquiries regarding an assessment or estoppel
letter or certificate;
(11) Negotiating
monetary or performance terms of a contract subject to approval by the
association;
(12) Drafting
pre-arbitration demands;
(13) Coordinating or
performing maintenance of real or personal property and other related routine
services involved in the operation of the property; and
(14) Complying with
the association's governing documents and bylaws as necessary to perform the
functions of a managing agent.
(b) A person shall be exempt from the licensing
or registration requirements under section 514B-132 if the person:
(1) Performs
clerical or ministerial functions under the direct supervision and control of a
managing agent licensed or registered pursuant to section 514B-132; or
(2) Performs only maintenance functions of the operation of the property and does not assist with any functions enumerated under subsection (a)."
SECTION 2. Section 514B-3, Hawaii Revised Statutes, is amended by amending the definition of "managing agent" to read as follows:
""Managing agent" means any person
retained, as an independent contractor, for the [purpose] purposes
of managing the operation of the property[.], including performing
any of the functions described under section 514B- ."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Condominiums; Associations of Apartment Owners; Unit Owners' Association Managing Agents; Functions
Description:
Establishes managerial functions in the operation of the property of a managing agent of a condominium. Exempts certain persons from managing agent licensing and registration requirements.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
