Hawaii-2010-SB572-Amended

PART I

SECTION 1. Section 514A-90, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

"(h) The amount of the special assessment assessed under subsection (g) shall not exceed the total amount of unpaid regular monthly common assessments that were assessed during the six months immediately preceding the completion of the judicial or nonjudicial power of sale foreclosure. In no event shall the amount of the special assessment exceed the sum of [~~$1,800.~~] $3,600."

SECTION 2. Section 514B-146, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

PART II

SECTION 3. Section 514B-142, Hawaii Revised Statutes, is amended by amending its title and subsections (a) to (d) to read as follows:

"[[]§514B-142[]] Aging in place or disabled; limitation on liability. (a) The association, its directors, unit owners, and their agents and tenants, acting through the board, shall not have any legal responsibility or legal liability, with respect to any actions and recommendations the board takes on any report, observation, or complaint made, or with respect to any recommendation or referral given, which relates to an elderly or disabled unit [~~owner~~] resident who, may require services and assistance to maintain independent living in the unit in which the elderly or disabled unit [~~owner~~] resident resides so that the elderly or disabled unit [~~owner~~] resident will not pose any harm to self or to others, and will not be disruptive to the condominium community because of [~~the following~~] problems of aging and aging in place[:] or living independently with a physical or mental handicap or disabling condition. This provision shall apply to residents whose actions or non-actions pose a risk to their own health or safety or to the health and safety of others, cause harm to the resident or others, or where physical or mental abuse may be life-threatening, and who exhibit the following characteristics:

(1) The inability to clean and maintain an independent unit;

(2) Mental confusion;

(3) Abusing others;

(4) Inability to care for oneself; or

(5) Inability to arrange for home care[;

~~(6)~~ ~~Loneliness and neglect; or~~

~~(7)~~ ~~Inappropriate requests of others for assistance~~].

For purposes of this section, "elderly" means age sixty-two and older.

(b) Upon a report, observation, or complaint relating to an elderly or disabled unit [~~owner~~] resident aging or aging in place, or living independently with a physical or mental handicap or disabling condition which notes a problem similar in nature to the problems enumerated in subsection (a), the board, in good faith, and without legal responsibility or liability, may request a functional assessment regarding the condition of an elderly or disabled unit [~~owner~~] resident as well as recommendations for the services, including appropriate assistance from state or county agencies, which the elderly or disabled unit [~~owner~~] resident may require to maintain a level of independence that enables the [~~owner~~] resident to avoid any harm to self or to others, and to avoid disruption to the condominium community. The board, upon request or unilaterally, and without legal responsibility or liability, may recommend available services, including assistance from state or county agencies, to an elderly or disabled unit [~~owner~~] resident which might enable the elderly or disabled unit [~~owner~~] resident to maintain a level of independent living with assistance, enabling in turn, the elderly or disabled unit owner to avoid any harm to self or others, and to avoid disruption to the condominium community.

(c) There is no affirmative duty on the part of the association, its board, the unit owners, or their agents or tenants to request or require an assessment and recommendations with respect to an elderly or disabled unit [~~owner~~] resident when the elderly or disabled unit [~~owner~~] resident may be experiencing the problems related to aging and aging in place, or living independently with a physical or mental handicap or disabling condition enumerated in subsection (a). The association, its board, unit owners, and their agents and tenants shall not be legally responsible or liable for not requesting or declining to request a functional assessment of, and recommendations for, an elderly or disabled unit [~~owner~~] resident regarding problems relating to aging and aging in place[.], or living independently with a physical or mental handicap or disabling condition.

(d) If an elderly or disabled unit [~~owner~~] resident ignores or rejects a request for or the results from an assessment and recommendations, the association, with no liability for cross-claims or counterclaims, may file appropriate information, pleadings, notices, or the like, with appropriate state or county agencies or courts to seek an appropriate resolution for the condominium community and for the elderly or disabled unit [~~owner.~~] resident.

(e) For the purposes of this section, "disabled" shall mean having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. The term does not include current illegal use of or addiction to a controlled substance or alcohol or drug abuse that threatens the property or safety of others."

PART III

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	572
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII