Bill Text: HI HCR152 | 2016 | Regular Session | Amended

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Bill Title: Dispute Resolution; Condominiums; Study

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2016-04-08 - Referred to CPH. [HCR152 Detail]

Download: Hawaii-2016-HCR152-Amended.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	152
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE REAL ESTATE COMMISSION TO STUDY THE EFFECTIVENESS OF ITS EXISTING DISPUTE RESOLUTION PROCESS AND CONSUMER ASSISTANCE PROGRAM FOR CONDOMINIUM OWNERS AND ASSOCIATIONS, AND POSSIBLE EXPANSION OF THESE SERVICES TO OTHER TYPES OF HOMEOWNERS ASSOCIATIONS.

 

 

 

     WHEREAS, the Real Estate Commission has been required since 2013 to use the condominium education trust fund to support mediation of condominium related disputes pursuant to section 514B-71(a)(4), Hawaii Revised Statutes; and

 

     WHEREAS, this particular use of the condominium education trust fund is subsidized by an additional increase in the annual condominium education trust fund fee pursuant to section 514B-72(a)(2), Hawaii Revised Statutes; and

 

     WHEREAS, since 2013, the Real Estate Commission has started to use an evaluative mediation service as a means of dispute resolution; and

 

     WHEREAS, evaluative mediation is a style of mediation that employs trained mediators who possess subject matter expertise in various areas of the law; and

 

     WHEREAS, the Legislature continues to receive complaints from condominium owners regarding unresolved disputes with their condominium associations; and

 

WHEREAS, given that the evaluative mediation dispute resolution program has been operating for the past three years, the Real Estate Commission is in the best position at this point in time to evaluate the efficacy of the program and provide a report detailing its successes and shortcomings; and

     WHEREAS, in addition to the Real Estate Commission's evaluative mediation dispute resolution program, the Director of Commerce and Consumer Affairs may appoint, pursuant to section 514B-63, Hawaii Revised Statutes, condominium specialists to  assist consumers with information, advice, and referral on any matter relating to condominium associations or other issues concerning condominiums; and

 

     WHEREAS, while the establishment of a condominium ombudsman has been proposed as an additional option to aid in the resolution of condominium related disputes, it seems that existing condominium specialist positions may already be serving as de facto condominium ombudspersons, thus obviating the need to hire additional staff or increase the condominium education trust fund fee paid by condominium associations; and

 

WHEREAS, homeowners who are part of planned community associations, cooperative housing corporations, or other types of homeowners associations face similar dispute problems; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, the Senate concurring, that the Real Estate Commission is requested to study the effectiveness of its existing dispute resolution process and consumer assistance program for condominium owners and associations; and

 

     BE IT FURTHER RESOLVED that the Real Estate Commission is requested to specifically consider issues such as:

 

(1)  The efficacy of its evaluative mediation dispute resolution program to determine the program's successes and shortcomings;

 

(2)  If evaluative mediation dispute resolution program shortcomings are identified, how the program can be amended to eliminate the shortcomings and increase its effectiveness and accessibility at little to no additional cost to condominium owners and associations;

 

(3)  If condominium specialists who are appointed pursuant to section 514B-63, Hawaii Revised Statutes, to assist consumers with information, advice, and referral on any matter relating to condominium associations or other issues concerning condominiums are fulfilling the intended purpose of their enabling statute;

 

(4)  If the Real Estate Commission concludes that section 514B-63, Hawaii Revised Statutes, is presently too narrowly drawn to enable condominium specialist positions to perform functions similar to that of an ombudsman, what recommended actions would be necessary to achieve this objective; and

 

(5)  Whether the evaluative mediation dispute resolution process and condominium specialist/ombudsman position responsibilities should be expanded to include jurisdiction over other types of homeowners associations, including but not limited to planned community associations and cooperative housing corporations, and if so, recommendations on how to accomplish this objective and the costs associated therewith; and

 

     BE IT FURTHER RESOLVED that the Real Estate Commission is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature not later than twenty days prior to the convening of the Regular Session of 2017; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Real Estate Commission and the Director of Commerce and Consumer Affairs.

 

 

 

Report Title: 

Dispute Resolution; Condominiums; Study