The Department of Commerce and Consumer Affairs Real Estate Division has provided on update on the 2019 legislative session. Enacted into law were several condominium bills.
Provided is a summary of a few relative acts, but please consult with legal professionals regarding these new laws.
House Bill:
Act 192, SLH 2019 clarifies the order in which excess amounts in payments over maintenance fees can be applied to any additional fees, fines, interest, or amounts an owner may owe.
Senate Bills:
Act 243, SLH 2019 amends the condominium law to allow for single family and townhomes, with the written consent of the board, to install certain skylight and window-based photovoltaics.
Act 282, SLH 2019 confirms that associations have the authority to engage in non-judicial foreclosures regardless of the presence or absence of the power of sale language in the association’s governing documents. The
Act also provided additional consumer protection by requiring the foreclosing association to offer notice and mediation. Should mediation not be requested, an association may proceed with foreclosure. If an owner requests mediation, the association must participate and stop the
foreclosure proceeding until the mediation is complete or sixty days since the request has passed.
The Act further prohibits foreclosure on liens arising solely from fines, penalties, and legal or late fees, as well as less than a year-old lien on units owned by a person on military deployment outside of the state or a submission of a reasonable payment plan pursuant to §667-92(c),
HRS.
Act 223, SLH 2019 gives developers of chapter 514A, HRS, projects another year (until July 1, 2020) to transfer into thenewer condominium law. This will ensure that they may continue to engage in legal sales. The Act impacts developers who still have unsold units in projects created under chapter 514A, HRS. It also clarifies when a project’s report is transferred into chapter 514B, HRS, and future reporting
obligations. Please contact your attorney or this office for more information.
Act 7, SLH 2019 extends from thirty days to ninety days the retention period ofproxies, tally sheets, ballots, owners’check in lists, and certificates of election after an association meeting. In the event of a contested election, those documents shall be retained until the contested election is resolved.
Act 14, SLH 2019 allows for associations to use non-networked electronic voting devices in association meetings. These devices shall not be connected for any external network, have reasonable procedures for paper audits, and maintain secrecy and integrity of ballots.
Act 27, SLH 2019 clarifies that associations may invest in government money market funds.
Find More Information
Look up one of these bills or any other on the State Legislative website.
