Hawaii 2022 Regular Session

Hawaii House Bill HB305 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HOUSE OF REPRESENTATIVES H.B. NO. 305 THIRTY-FIRST LEGISLATURE, 2021 ~~H.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO CONDOMINIUMS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 305 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO CONDOMINIUMS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		HOUSE OF REPRESENTATIVES H.B. NO. 305
4		-	THIRTY-FIRST LEGISLATURE, 2021 ~~H.D. 1~~
	4	+	THIRTY-FIRST LEGISLATURE, 2021
5	5		STATE OF HAWAII
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7	7		HOUSE OF REPRESENTATIVES
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9	9		H.B. NO.
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11	11		305
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13	13		THIRTY-FIRST LEGISLATURE, 2021
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15		-	~~H.D. 1~~
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		RELATING TO CONDOMINIUMS.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. Section 514B-139, Hawaii Revised Statutes, is amended to read as follows: "[[]§514B-139[]] Upkeep of condominium; disposition of unclaimed possessions. (a) When personalty in or on the common elements of a project has been abandoned, the board may sell the personalty in a commercially reasonable manner, store the personalty at the expense of its owner, donate the personalty to a charitable organization, or otherwise dispose of the personalty in its sole discretion; provided that: (1) If the identity and address of the owner are known, no sale, storage, [or] donation, or other disposal shall occur until sixty days after the [board complies with the following: (1) The] board notifies the owner in writing of: (A) The identity and location of the personalty; and (B) The board's intent to so sell, store, donate, or dispose of the personalty. Notification shall be by certified mail, return receipt requested, to the owner's address as shown by the records of the association or to an address designated by the owner for the purpose of notification or, if neither of these is available, to the owner's last known address, if any; or (2) If the identity or address of the owner is unknown, the board [shall first advertise the sale, donation, or disposition at least once in a daily paper of general circulation within the circuit in which the personalty is located.] may proceed directly to sell, store, donate, or otherwise dispose of the personalty. (b) The proceeds of any sale or disposition of personalty under subsection [(a),] (a)(1), after deduction of any accrued costs of mailing, [advertising,] storage, and sale, shall be held for the owner for thirty days. Any proceeds not claimed within this period shall become the property of the association. The proceeds of any sale or disposition of personalty under subsection (a)(2) shall immediately become the property of the association." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect ~~on January 1, 2050~~.
	47	+	SECTION 1. Section 514B-139, Hawaii Revised Statutes, is amended to read as follows: "[[]§514B-139[]] Upkeep of condominium; disposition of unclaimed possessions. (a) When personalty in or on the common elements of a project has been abandoned, the board may sell the personalty in a commercially reasonable manner, store the personalty at the expense of its owner, donate the personalty to a charitable organization, or otherwise dispose of the personalty in its sole discretion; provided that: (1) If the identity and address of the owner are known, no sale, storage, [or] donation, or other disposal shall occur until sixty days after the [board complies with the following: (1) The] board notifies the owner in writing of: (A) The identity and location of the personalty; and (B) The board's intent to so sell, store, donate, or dispose of the personalty. Notification shall be by certified mail, return receipt requested, to the owner's address as shown by the records of the association or to an address designated by the owner for the purpose of notification or, if neither of these is available, to the owner's last known address, if any; or (2) If the identity or address of the owner is unknown, the board [shall first advertise the sale, donation, or disposition at least once in a daily paper of general circulation within the circuit in which the personalty is located.] may proceed directly to sell, store, donate, or otherwise dispose of the personalty. (b) The proceeds of any sale or disposition of personalty under subsection [(a),] (a)(1), after deduction of any accrued costs of mailing, [advertising,] storage, and sale, shall be held for the owner for thirty days. Any proceeds not claimed within this period shall become the property of the association. The proceeds of any sale or disposition of personalty under subsection (a)(2) shall immediately become the property of the association." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49		SECTION 1. Section 514B-139, Hawaii Revised Statutes, is amended to read as follows:
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51	51		"[[]§514B-139[]] Upkeep of condominium; disposition of unclaimed possessions. (a) When personalty in or on the common elements of a project has been abandoned, the board may sell the personalty in a commercially reasonable manner, store the personalty at the expense of its owner, donate the personalty to a charitable organization, or otherwise dispose of the personalty in its sole discretion; provided that:
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53	53		(1) If the identity and address of the owner are known, no sale, storage, [or] donation, or other disposal shall occur until sixty days after the [board complies with the following:
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55	55		(1) The] board notifies the owner in writing of:
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57	57		(A) The identity and location of the personalty; and
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59	59		(B) The board's intent to so sell, store, donate, or dispose of the personalty.
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61	61		Notification shall be by certified mail, return receipt requested, to the owner's address as shown by the records of the association or to an address designated by the owner for the purpose of notification or, if neither of these is available, to the owner's last known address, if any; or
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63	63		(2) If the identity or address of the owner is unknown, the board [shall first advertise the sale, donation, or disposition at least once in a daily paper of general circulation within the circuit in which the personalty is located.] may proceed directly to sell, store, donate, or otherwise dispose of the personalty.
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65	65		(b) The proceeds of any sale or disposition of personalty under subsection [(a),] (a)(1), after deduction of any accrued costs of mailing, [advertising,] storage, and sale, shall be held for the owner for thirty days. Any proceeds not claimed within this period shall become the property of the association. The proceeds of any sale or disposition of personalty under subsection (a)(2) shall immediately become the property of the association."
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67	67		SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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69		-	SECTION 3. This Act shall take effect ~~on January 1, 2050~~.
	69	+	SECTION 3. This Act shall take effect upon its approval.
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71		-	Report Title: Condominiums; Board of Directors; Condominium Upkeep; Disposition of Unclaimed Possessions; Proceeds Description: Removes the publication requirement and permits the board of directors of a condominium association to proceed directly to the sale, storage, donation, or disposal of personalty that has been abandoned in or on the common elements of a condominium when the identity or address of the owner is unknown. Effective 1/1/2050. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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	73	+	INTRODUCED BY: _____________________________
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	75	+	INTRODUCED BY:
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	77	+	_____________________________
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	83	+	Report Title: Condominiums; Board of Directors; Condominium Upkeep; Disposition of Unclaimed Possessions; Proceeds Description: Removes the publication requirement and permits the board of directors of a condominium association to proceed directly to the sale, storage, donation, or disposal of personalty that has been abandoned in or on the common elements of a condominium when the identity or address of the owner is unknown. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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75	89		Report Title:
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77	91		Condominiums; Board of Directors; Condominium Upkeep; Disposition of Unclaimed Possessions; Proceeds
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81	95		Description:
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83		-	Removes the publication requirement and permits the board of directors of a condominium association to proceed directly to the sale, storage, donation, or disposal of personalty that has been abandoned in or on the common elements of a condominium when the identity or address of the owner is unknown. ~~Effective 1/1/2050. (HD1)~~
	97	+	Removes the publication requirement and permits the board of directors of a condominium association to proceed directly to the sale, storage, donation, or disposal of personalty that has been abandoned in or on the common elements of a condominium when the identity or address of the owner is unknown.
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91	105		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.