Bill Text: HI SB2329 | 2010 | Regular Session | Introduced
Bill Title: Condominiums; Residential Real Property; Planned Community
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2010-01-22 - (S) Referred to CPN. [SB2329 Detail]
Download: Hawaii-2010-SB2329-Introduced.html
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THE SENATE |
S.B. NO. |
2329 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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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.]
or prospective purchaser and their respective agents:
(1) For review during normal business hours or on twenty-four‑hour loan subject to reasonable terms of access;
(2) In hard copy form for a reasonable fee which shall not exceed the greater of twenty 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 and accessible to the public at no charge."
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 available the documents listed in
subsection (a) to owners[,] and 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 subject to reasonable terms of access at the managing agent's office;
(2) In hard copy form for a reasonable fee which shall not exceed the greater of twenty 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 and accessible to the public at no charge.
(c)
[In the event that] If the project is not managed by a managing agent,
the foregoing requirements shall be undertaken by a person or entity[, if
any, employed by the association of apartment owners,] to whom this
function is delegated[.] by the association of apartment owners."
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 available the documents listed in subsection (a) to owners and prospective purchasers, and their respective agents:
(1) For review during normal business hours and subject to reasonable terms of access at a location designated by the association on the island on which the association's property is located;
(2) In hard copy form for a reasonable fee which shall not exceed the greater of twenty 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 and accessible to the public at no charge."
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 available the documents listed in this subsection to owners and prospective purchasers, and their respective agents:
(1) For review during normal business hours and subject to reasonable terms of access at the managing agent's office;
(2) In hard copy form for a reasonable fee which shall not exceed the greater of twenty 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 and accessible to the public at no charge.
(b) The managing agent or board shall keep 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 the agreements of all parties, 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:
(1) Will 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 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 not use the information contained in the lists to create any separate list for the purpose of evading this section.
(h) Subsections (f) and (g) shall not apply to any time share plan regulated under chapter 514E.
(i) If a project is not managed by a managing agent, the foregoing requirements shall be undertaken by a person or entity to whom this function is delegated by the association of apartment owners."
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 subject to reasonable terms of access at the managing agent's office; and
(2) In hard copy form for a reasonable fee which shall not exceed the greater of twenty 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 shall be undertaken by a person or entity, if any, employed by the association, to whom this function is delegated."
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, 2010.
INTRODUCED BY: |
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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, prospective purchasers, and their agents under reasonable terms and for reasonable costs.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
