Hawaii 2022 Regular Session

Hawaii Senate Bill SB62 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 62 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	THE SENATE S.B. NO. 62
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	62
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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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	47	SECTION 1. Section 514B-153, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows: "(e) The managing agent, resident manager, or board shall keep an accurate and current list of members of the association and their current addresses, including electronic mail addresses, and the names and addresses, including electronic mail 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 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. Where the condominium project or any units within the project are subject to a time share plan under chapter 514E, the association shall only be required to maintain in its records the name and address, including electronic mail addresses, of the time share association as the representative agent for the individual time share owners unless the association receives a request by a time share owner to maintain in its records the name and address, including electronic mail addresses, of the time share owner." SECTION 2. Section 514B-154.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Notwithstanding any other provision in the declaration, bylaws, or house rules, if any, the following documents, records, and information, whether maintained, kept, or required to be provided pursuant to this section or section 514B-152, 514B-153, or 514B-154, shall be made available to any unit owner and the owner's authorized agents by the managing agent, resident manager, board through a board member, or the association's representative: (1) All financial and other records sufficiently detailed in order to comply with requests for information and disclosures related to the resale of units; (2) An accurate copy of the declaration, bylaws, house rules, if any, master lease, if any, a sample original conveyance document, and all public reports and any amendments thereto; (3) 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 and monthly statements indicating the total current delinquent dollar amount of any unpaid assessments for common expenses; (4) All records and the vouchers authorizing the payments and statements kept and maintained at the address of the project, or elsewhere within the State as determined by the board, subject to section 514B-152; (5) All signed and executed agreements for managing the operation of the property, expressing the agreement of all parties, including but not limited to financial and accounting obligations, services provided, and any compensation arrangements, including any subsequent amendments; (6) An accurate and current list of members of the condominium association and the members' current addresses, including electronic mail addresses, and the names and addresses, including electronic mail addresses, of the vendees under an agreement of sale, if any. A copy of the list shall be available, at cost, to any unit owner or owner's authorized agent who furnishes to the managing agent, resident manager, or the board a duly executed and acknowledged affidavit stating that the list: (A) Shall be used by the unit owner or owner's authorized agent personally and only for the purpose of soliciting votes or proxies or for providing information to other unit owners with respect to association matters; and (B) Shall not be used by the unit owner or owner's authorized agent or furnished to anyone else for any other purpose; (7) The association's most current financial statement, at no cost or on twenty-four-hour loan, at a convenient location designated by the board; (8) Meeting minutes of the association, pursuant to section 514B-122; (9) Meeting minutes of the board, pursuant to section 514B-126, which shall be: (A) Available for examination by unit owners or owners' authorized agents at no cost or on twenty-four-hour loan at a convenient location at the project, to be determined by the board; or (B) Transmitted to any unit owner or owner's authorized agent making a request for the minutes within fifteen days of receipt of the request by the owner or owner's authorized agent; provided that: (i) The minutes shall be transmitted by mail, electronic mail transmission, or facsimile, by the means indicated by the owner or owner's authorized agent, if the owner or owner's authorized agent indicated a preference at the time of the request; and (ii) The owner or owner's authorized agent shall pay a reasonable fee for administrative costs associated with handling the request, subject to section 514B-105(d); (10) Financial statements, general ledgers, the accounts receivable ledger, accounts payable ledgers, check ledgers, insurance policies, contracts, and invoices of the association for the duration those records are kept by the association, and any documents regarding delinquencies of ninety days or more shall be available for examination by unit owners or owners' authorized agents at convenient hours at a place designated by the board; provided that: (A) The board may require unit owners or owners' authorized agents to furnish to the association a duly executed and acknowledged affidavit stating that the information is requested in good faith for the protection of the interests of the association, its members, or both; and (B) Unit owners or owners' authorized agents shall pay for administrative costs in excess of eight hours per year; (11) Proxies, tally sheets, ballots, unit owners' check-in lists, and the certificate of election subject to section 514B-154(c); (12) Copies of an association's documents, records, and information, whether maintained, kept, or required to be provided pursuant to this section or section 514B‑152, 514B-153, or 514B-154; (13) A copy of the management contract from the entity that manages the operation of the property before the organization of an association; (14) Other documents requested by a unit owner or owner's authorized agent in writing; provided that the board shall give written authorization or written refusal with an explanation of the refusal within thirty calendar days of receipt of a request for documents pursuant to this paragraph; and (15) A copy of any contract, written job description, and compensation between the association and any person or entity retained by the association to manage the operation of the property on-site, including but not limited to the general manager, operations manager, resident manager, or site manager; provided that personal information may be redacted from the contract copy, including but not limited to the manager's date of birth, age, signature, social security number, residence address, telephone number, non-business electronic mail address, driver's license number, Hawaii identification card number, bank account number, credit or debit card number, access code or password that would permit access to the manager's financial accounts, or any other information that may be withheld under state or federal law." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2021. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 514B-153, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
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51	51	"(e) The managing agent, resident manager, or board shall keep an accurate and current list of members of the association and their current addresses, including electronic mail addresses, and the names and addresses, including electronic mail 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:
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53	53	(1) Will be used by the owner personally and only for the purpose of soliciting votes or proxies or providing information to other owners with respect to association matters; and
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55	55	(2) Shall not be used by the owner or furnished to anyone else for any other purpose.
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57	57	A board may prohibit commercial solicitations.
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59	59	Where the condominium project or any units within the project are subject to a time share plan under chapter 514E, the association shall only be required to maintain in its records the name and address, including electronic mail addresses, of the time share association as the representative agent for the individual time share owners unless the association receives a request by a time share owner to maintain in its records the name and address, including electronic mail addresses, of the time share owner."
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61	61	SECTION 2. Section 514B-154.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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63	63	"(a) Notwithstanding any other provision in the declaration, bylaws, or house rules, if any, the following documents, records, and information, whether maintained, kept, or required to be provided pursuant to this section or section 514B-152, 514B-153, or 514B-154, shall be made available to any unit owner and the owner's authorized agents by the managing agent, resident manager, board through a board member, or the association's representative:
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65	65	(1) All financial and other records sufficiently detailed in order to comply with requests for information and disclosures related to the resale of units;
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67	67	(2) An accurate copy of the declaration, bylaws, house rules, if any, master lease, if any, a sample original conveyance document, and all public reports and any amendments thereto;
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69	69	(3) 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 and monthly statements indicating the total current delinquent dollar amount of any unpaid assessments for common expenses;
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71	71	(4) All records and the vouchers authorizing the payments and statements kept and maintained at the address of the project, or elsewhere within the State as determined by the board, subject to section 514B-152;
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73	73	(5) All signed and executed agreements for managing the operation of the property, expressing the agreement of all parties, including but not limited to financial and accounting obligations, services provided, and any compensation arrangements, including any subsequent amendments;
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75	75	(6) An accurate and current list of members of the condominium association and the members' current addresses, including electronic mail addresses, and the names and addresses, including electronic mail addresses, of the vendees under an agreement of sale, if any. A copy of the list shall be available, at cost, to any unit owner or owner's authorized agent who furnishes to the managing agent, resident manager, or the board a duly executed and acknowledged affidavit stating that the list:
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77	77	(A) Shall be used by the unit owner or owner's authorized agent personally and only for the purpose of soliciting votes or proxies or for providing information to other unit owners with respect to association matters; and
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79	79	(B) Shall not be used by the unit owner or owner's authorized agent or furnished to anyone else for any other purpose;
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81	81	(7) The association's most current financial statement, at no cost or on twenty-four-hour loan, at a convenient location designated by the board;
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83	83	(8) Meeting minutes of the association, pursuant to section 514B-122;
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85	85	(9) Meeting minutes of the board, pursuant to section 514B-126, which shall be:
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87	87	(A) Available for examination by unit owners or owners' authorized agents at no cost or on twenty-four-hour loan at a convenient location at the project, to be determined by the board; or
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89	89	(B) Transmitted to any unit owner or owner's authorized agent making a request for the minutes within fifteen days of receipt of the request by the owner or owner's authorized agent; provided that:
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91	91	(i) The minutes shall be transmitted by mail, electronic mail transmission, or facsimile, by the means indicated by the owner or owner's authorized agent, if the owner or owner's authorized agent indicated a preference at the time of the request; and
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93	93	(ii) The owner or owner's authorized agent shall pay a reasonable fee for administrative costs associated with handling the request, subject to section 514B-105(d);
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95	95	(10) Financial statements, general ledgers, the accounts receivable ledger, accounts payable ledgers, check ledgers, insurance policies, contracts, and invoices of the association for the duration those records are kept by the association, and any documents regarding delinquencies of ninety days or more shall be available for examination by unit owners or owners' authorized agents at convenient hours at a place designated by the board; provided that:
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97	97	(A) The board may require unit owners or owners' authorized agents to furnish to the association a duly executed and acknowledged affidavit stating that the information is requested in good faith for the protection of the interests of the association, its members, or both; and
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99	99	(B) Unit owners or owners' authorized agents shall pay for administrative costs in excess of eight hours per year;
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101	101	(11) Proxies, tally sheets, ballots, unit owners' check-in lists, and the certificate of election subject to section 514B-154(c);
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103	103	(12) Copies of an association's documents, records, and information, whether maintained, kept, or required to be provided pursuant to this section or section 514B‑152, 514B-153, or 514B-154;
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105	105	(13) A copy of the management contract from the entity that manages the operation of the property before the organization of an association;
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107	107	(14) Other documents requested by a unit owner or owner's authorized agent in writing; provided that the board shall give written authorization or written refusal with an explanation of the refusal within thirty calendar days of receipt of a request for documents pursuant to this paragraph; and
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109	109	(15) A copy of any contract, written job description, and compensation between the association and any person or entity retained by the association to manage the operation of the property on-site, including but not limited to the general manager, operations manager, resident manager, or site manager; provided that personal information may be redacted from the contract copy, including but not limited to the manager's date of birth, age, signature, social security number, residence address, telephone number, non-business electronic mail address, driver's license number, Hawaii identification card number, bank account number, credit or debit card number, access code or password that would permit access to the manager's financial accounts, or any other information that may be withheld under state or federal law."
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111	111	SECTION 3. New statutory material is underscored.
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113	113	SECTION 4. This Act shall take effect on July 1, 2021.
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117	117	INTRODUCED BY: _____________________________
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119	119	INTRODUCED BY:
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127	127	Report Title: Condominiums; Time Shares; Association Records; Member Lists; Telecommunications Description: Requires the managing agent, resident manager, or board to keep an accurate and current list of each member of the association, and any vendee under an agreement of sale, including electronic mail addresses. Requires that a copy of the member list, including electronic mail addresses, shall be available, at cost, to any unit owner or owner's authorized agent, under certain circumstances. 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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133	133	Report Title:
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135	135	Condominiums; Time Shares; Association Records; Member Lists; Telecommunications
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139	139	Description:
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141	141	Requires the managing agent, resident manager, or board to keep an accurate and current list of each member of the association, and any vendee under an agreement of sale, including electronic mail addresses. Requires that a copy of the member list, including electronic mail addresses, shall be available, at cost, to any unit owner or owner's authorized agent, under certain circumstances.
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149	149	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.