Bill Text: HI SB750 | 2012 | Regular Session | Amended

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Bill Title: Condominiums; Association Meetings; Audio Recording

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB750 Detail]

Download: Hawaii-2012-SB750-Amended.html

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STAND. COM. REP. NO. 506

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 750

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 750 entitled:

 

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to permit members of a condominium association to make video recordings of association meetings for personal use.

 

     Your Committee received testimony in support of this measure from four private individuals.  Your Committee received testimony in opposition to this measure from Management Information Consultants; Ewa by Gentry; Hawaii First, Inc.; and two private individuals.  Your Committee received comments on this measure from the Hawaii Council of Associations of Apartment Owners, the Hawai‘i Legislative Action Committee of the Community Associations Institute, and the AOAO Mauna Luan, Inc.

 

     Your Committee finds that allowing audio recordings of the meetings of condominium associations and its boards of directors will increase transparency and encourage participation by members in the governance of condominium associations.  While your Committee acknowledges the privacy issues surrounding video recordings, which were raised by several testifiers on this measure, your Committee finds that allowing only audio recordings will mitigate many of those concerns.  Your Committee further finds that this measure preserves the self-governance of condominium associations as it allows audio recordings of meetings only where recordings are not prohibited by the bylaws of an association.  Finally, your Committee finds that while this measure remains a work in progress, it does have merit and should advance through the legislative process.  Your Committee encourages the stakeholders in this issue to work together to develop a consensus solution that preserves this measure's goal of increasing transparency and opportunities for association members to participate in association matters while also considering issues of privacy.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that members may make only audio recordings of meetings;

 

     (2)  Specifying that an audio recording made by the board of directors of an association shall be the official audio record of the meeting and shall be made available upon request to a member for the personal use of the member only;

 

     (3)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

 

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     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. 750, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 750, 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,

 

____________________________ ROSALYN H. BAKER, Chair