Bill Text: HI SB714 | 2012 | Regular Session | Amended
Bill Title: Condominiums; Residential Real Property; Planned Community
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB714 Detail]
Download: Hawaii-2012-SB714-Amended.html
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THE SENATE |
S.B. NO. |
714 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RESIDENTIAL REAL PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 421J-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Association documents, the most
current financial statement of the association, and the minutes of the most
recent meeting of the board of directors [(], other than minutes
of executive sessions[)], shall be made available for examination
by any member [at no cost, on twenty-four-hour loan or during reasonable
hours.]:
(1) During normal business hours;
(2) In hard copy form for a reasonable fee that shall not exceed the greater of 20 cents per page or the rate charged by the Internal Revenue Service for copying charges for Freedom of Information Act requests by commercial requesters; and
(3) In electronic form through a website maintained by the property management company, if available, and accessible to the members; provided that financial statements of the association shall not be subject to this paragraph."
SECTION 2. Section 514A-84.5, Hawaii Revised Statutes, is amended to read as follows:
"§514A‑84.5 Availability of project documents. (a) An accurate copy of the declaration of condominium property regime, the bylaws of the association of apartment owners, the house rules, if any, the master lease, if any, a sample original conveyance document, all public reports and any amendments thereto, and the annual operating budget shall be kept at the managing agent's office.
(b)
The managing agent shall [provide copies of those] make the documents
listed in subsection (a) available to owners, prospective
purchasers, and their [prospective] respective agents [during
normal business hours, upon payment to the managing agent of a reasonable
charge to defray any administrative or duplicating costs.]:
(1) For review during normal business hours;
(2) In hard copy form for a reasonable fee that shall not exceed the greater of 20 cents per page or the rate charged by the Internal Revenue Service for copying charges for Freedom of Information Act requests by commercial requesters; and
(3) Electronically through a website maintained by the property management company, if available, and accessible to the unit owners; provided that the annual operating budget shall not be subject to this paragraph.
(c)
[In the event that] If the project is not managed by a managing
agent, the [foregoing] requirements of subsection (b) shall be
undertaken by [a] the person or entity[, if any, employed by
the association of apartment owners,] to whom the association of
apartment owners has delegated this function [is delegated]."
SECTION 3. Section 514B-152, Hawaii Revised Statutes, is amended to read as follows:
"[[]§514B-152[]] Association records; generally. (a) The association shall keep
financial and other records sufficiently detailed to enable the association to
comply with requests for information and disclosures related to resale of
units. Except as otherwise provided by law, all financial and other records
shall be made reasonably available for examination by any unit owner and the
owner's authorized agents. Association records shall be stored on the island
on which the association's project is located; provided that if original
records, including but not limited to invoices, are required to be sent
off-island, copies of the records shall be maintained on the island on which
the association's project is located.
(b) The association shall make the financial and other records of the association available to owners and their respective agents:
(1) For review during normal business hours;
(2) In hard copy form for a reasonable fee that shall not exceed the greater of 20 cents per page or the rate charged by the Internal Revenue Service for copying charges for Freedom of Information Act requests by commercial requesters; and
(3) In electronic form through a website maintained by the association, if available, and accessible to the owners; provided that financial records shall not be subject to this paragraph."
SECTION 4. Section 514B-153, Hawaii Revised Statutes, is amended to read as follows:
"§514B-153 Association records; records to be maintained. (a) An accurate copy of the declaration, bylaws, house rules, if any, master lease, if any, a sample original conveyance document, all public reports and any amendments thereto, shall be kept at the managing agent's office. The managing agent shall make the documents listed in this subsection available to owners and their respective agents:
(1) For review during normal business hours;
(2) In hard copy form for a reasonable fee that shall not exceed the greater of 20 cents per page or the rate charged by the Internal Revenue Service for copying charges for Freedom of Information Act requests by commercial requesters; and
(3) In electronic form through a website maintained by the property management company, if available, and accessible to the owners; provided that financial records maintained pursuant to this section shall not be subject to this paragraph.
(b)
The managing agent or board shall keep, in chronological order,
detailed, accurate records [in chronological order,] of the receipts and
expenditures affecting the common elements, specifying and itemizing the
maintenance and repair expenses of the common elements and any other expenses
incurred. The managing agent or board shall also keep monthly statements
indicating the total current delinquent dollar amount of any unpaid assessments
for common expenses.
(c)
Subject to section 514B‑152, all records [and the],
vouchers authorizing [the] payments, and statements
shall be kept and maintained at the address of the project, or elsewhere within
the State as determined by the board.
(d) The
developer or affiliate of the developer, board, and managing agent shall ensure
that there is a written contract for managing the operation of the property[,
expressing] that expresses the agreements of all parties[,] on
matters including but not limited to financial and accounting obligations,
services provided, and [any] compensation arrangements, including any
subsequent amendments. Copies of the executed contract and any amendments
shall be provided to all parties to the contract.
(e)
The managing agent, resident manager, or board shall keep an accurate and current
list of members of the association and their current addresses, and the names
and addresses of the vendees under an agreement of sale, if any. The list
shall be maintained at a place designated by the board[,] and a copy
shall be available, at cost, to any member of the association as provided in
the declaration or bylaws or rules and regulations or, in any case, to any
member who furnishes to the managing agent [or], resident manager,
or the board a duly executed and acknowledged affidavit stating that the [list:]
list will:
(1) [Will
be] Be used by the owner personally and only for the purpose of
soliciting votes or proxies[,] or for providing information to other
owners with respect to association matters; and
(2) [Shall
not] Not be used by the owner or furnished to anyone else for any
other purpose.
A board may prohibit commercial solicitations.
(f) The managing agent or resident manager shall not use or distribute any membership list, including for commercial or political purposes, without the prior written consent of the board.
(g)
All membership lists are the property of the association and any membership
lists contained in the managing agent's or resident manager's records are
subject to subsections (e) and (f), and this subsection. A managing agent,
resident manager, or board [may] shall not use the information
contained in the lists to create any separate list for the purpose of evading the
requirements of this section.
(h)
Subsections (f) and (g) shall not apply to [any] time share [plan]
plans regulated under chapter 514E.
(i) If a project is not managed by a managing agent, the requirements of this section shall be undertaken by the person or entity to whom the association of apartment owners has delegated this function."
SECTION 5. Section 514B-154, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d)
The managing agent shall provide copies of association records maintained
pursuant to this section [and sections 514B‑152 and 514B‑153]
to owners, prospective purchasers, and their [prospective] respective
agents [during normal business hours, upon payment to the managing agent of
a reasonable charge to defray any administrative or duplicating costs.]:
(1) For review during normal business hours; and
(2) In hard copy form for a reasonable fee that shall not exceed the greater of 20 cents per page or the rate charged by the Internal Revenue Service for copying charges for Freedom of Information Act requests by commercial requesters.
If the project
is not managed by a managing agent, the [foregoing] requirements of
this section shall be undertaken by [a] the person or entity[,
if any, employed by the association,] to whom this function is delegated[.]
by the association."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Condominiums; Residential Real Property; Planned Community
Description:
Requires that condominium property managers, associations of apartment owners, and planned community associations make association documents available to owners under reasonable terms, including through an association or property management company's website, and for reasonable costs. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
