Bill Text: HI SB572 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 572 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Condominiums; Assessments

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB572 Detail]

Download: Hawaii-2010-SB572-Introduced.html

Report Title:

Condominiums; Assessments

Description:

Raises to $3,600 the maximum amount of the special assessment for delinquent monthly common assessments that can be charged against a person who purchases a condominium unit. Expands limitations on association liability for elderly unit owners aging in place to include handicapped and disabled persons.

THE SENATE	S.B. NO.	572
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to condominiums.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

SECTION 1. Section 514A-90, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

"(h) The amount of the special assessment assessed under subsection (g) shall not exceed the total amount of unpaid regular monthly common assessments that were assessed during the six months immediately preceding the completion of the judicial or nonjudicial power of sale foreclosure. In no event shall the amount of the special assessment exceed the sum of [~~$1,800.~~] $3,600."

SECTION 2. Section 514B-146, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

PART II

SECTION 3. Section 514B-142, Hawaii Revised Statutes, is amended by amending its title and subsections (a) to (d) to read as follows:

"[[]§514B-142[]] Aging in place, handicapped, or disabled; limitation on liability. (a) The association, its directors, unit owners, and their agents and tenants, acting through the board, shall not have any legal responsibility or legal liability, with respect to any actions and recommendations the board takes on any report, observation, or complaint made, or with respect to any recommendation or referral given, which relates to an elderly, handicapped, or disabled unit owner who, may require services and assistance to maintain independent living in the unit in which the elderly, handicapped, or disabled unit owner resides so that the elderly, handicapped, or disabled unit owner will not pose any harm to self or to others, and will not be disruptive to the condominium community because of the following problems of aging and aging in place[:] or living independently with a physical or mental handicap or disabling condition:

(1) The inability to clean and maintain an independent unit;

(2) Mental confusion;

(3) Abusing others;

(4) Inability to care for oneself;

(5) Inability to arrange for home care;

(6) Loneliness and neglect; or

(7) Inappropriate requests of others for assistance.

For purposes of this section, "elderly" means age sixty-two and older.

(b) Upon a report, observation, or complaint relating to an elderly, handicapped, or disabled unit owner aging or aging in place, or living independently with a physical or mental handicap or disabling condition which notes a problem similar in nature to the problems enumerated in subsection (a), the board, in good faith, and without legal responsibility or liability, may request a functional assessment regarding the condition of an elderly, handicapped, or disabled unit owner as well as recommendations for the services, including appropriate assistance from state or county agencies, which the elderly, handicapped, or disabled unit owner may require to maintain a level of independence that enables the owner to avoid any harm to self or to others, and to avoid disruption to the condominium community. The board, upon request or unilaterally, and without legal responsibility or liability, may recommend available services, including assistance from state or county agencies, to an elderly, handicapped, or disabled unit owner which might enable the elderly, handicapped, or disabled unit owner to maintain a level of independent living with assistance, enabling in turn, the elderly, handicapped, or disabled unit owner to avoid any harm to self or others, and to avoid disruption to the condominium community.

(c) There is no affirmative duty on the part of the association, its board, the unit owners, or their agents or tenants to request or require an assessment and recommendations with respect to an elderly, handicapped, or disabled unit owner when the elderly, handicapped, or disabled unit owner may be experiencing the problems related to aging and aging in place, or living independently with a physical or mental handicap or disabling condition enumerated in subsection (a). The association, its board, unit owners, and their agents and tenants shall not be legally responsible or liable for not requesting or declining to request a functional assessment of, and recommendations for, an elderly, handicapped, or disabled unit owner regarding problems relating to aging and aging in place[.], or living independently with a physical or mental handicap or disabling condition.

(d) If an elderly, handicapped, or disabled unit owner ignores or rejects a request for or the results from an assessment and recommendations, the association, with no liability for cross-claims or counterclaims, may file appropriate information, pleadings, notices, or the like, with appropriate state or county agencies or courts to seek an appropriate resolution for the condominium community and for the elderly, handicapped, or disabled unit owner."

PART III

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.