Bill Text: HI HB1839 | 2020 | Regular Session | Introduced
Bill Title: Relating To Planned Community Associations.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2020-01-21 - Referred to CPC, JUD, referral sheet 2 [HB1839 Detail]
Download: Hawaii-2020-HB1839-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1839 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PLANNED COMMUNITY ASSOCIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421J- Repairs to property for the common use or
benefit of association members; written demand; deduction from assessments. (a)
An association member may make a demand for an association to make
repairs to property within the planned community for the common use or benefit
of association members. The demand shall
be in writing.
(b) The association shall have thirty days to do
one of the following:
(1) Issue a written response to the demand for
repairs that specifies any reasons for not conducting the repairs; or
(2) Initiate the repairs that were demanded.
(c) An association member may conduct reasonable repairs to property within the planned community for the common use or benefit of association members if the association does not take action pursuant to subsection (b). Costs for the repairs shall be deducted from the association member's assessments. If the costs of the repairs exceed the amount of the association member's assessments, the excess amount shall be deducted from all subsequent assessments until the costs have been covered; provided that repairs may be deductible only if the repairs were performed by a licensed contractor or a person or entity licensed to perform such repair.
(d) Repairs for private roads shall be performed
by a licensed contractor. In no event
shall the association impose a lien on any association member's property
resulting from a demand for repair or maintenance of a private road when there
are no repairs or maintenance routinely scheduled at least twice within the
year preceding the demand."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Planned Community Associations; Members; Repairs; Written Demand
Description:
Allows association members to make written demand to planned community associations to make repairs to common property. Allows association members to make repairs under certain conditions and deduct costs for the repairs from the association assessments under certain conditions. Outlines limitations for repairing private roads.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
