Bill Text: HI SB507 | 2013 | Regular Session | Amended
Bill Title: Planned Community Associations; Notice Requirements; Regular and Special Meetings
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2013-06-26 - Act 188, 6/25/2013 (Gov. Msg. No. 1291). [SB507 Detail]
Download: Hawaii-2013-SB507-Amended.html
STAND. COM. REP. NO. 251
Honolulu, Hawaii
RE: S.B. No. 507
S.D. 1
Honorable Donna Mercado Kim
President of the Senate
Twenty-Seventh State Legislature
Regular Session of 2013
State of Hawaii
Madam:
Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 507 entitled:
"A BILL FOR AN ACT RELATING TO PLANNED COMMUNITY ASSOCIATIONS,"
begs leave to report as follows:
The purpose and intent of this measure is to create notice requirements for meetings of a planned community association or its board of directors.
Your Committee received testimony in opposition to this measure from Community Associations Institute Hawaii Chapter and four individuals.
Your Committee finds that this measure would impose a fourteen-day notice requirement for any meeting of an association or its board of directors. Your Committee has heard the concerns that the meeting requirements under this measure may set a higher standard for community associations than is currently imposed for condominium associations. Your Committee also understands that the board of directors and committees of a planned community association may need the flexibility to make decisions on an immediate basis for emergency operation matters or litigation-related issues.
Your Committee is sympathetic to these concerns but concludes that it is appropriate and reasonable for a planned community association to provide notice to its members for specific association meetings.
Accordingly, your Committee has amended this measure by:
(1) Specifying that the notice requirement under this measure shall apply to regular annual meetings or special meetings of an association, rather than any meeting of an association or its board of directors;
(2) Specifying that written notice shall also include any proposal for a special assessment, unless the authority for a special assessment is otherwise provided for in the association's governing documents;
(3) Clarifying that the requirements of this measure shall not be interpreted to apply to any board meetings or committee meetings of a planned community association;
(4) Updating the purpose section for clarity; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
Your Committee notes that this amended measure is the result of a compromise with interested stakeholders.
As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 507, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 507, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,
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____________________________ ROSALYN H. BAKER, Chair |
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