| 43 | | - | WHEREAS, in the 1960s, large subdivisions were approved by counties, particularly in the Puna District of the County of Hawaii, that did not require the creation of a homeowner's association for the governance of shared roads or infrastructure; and WHEREAS, without a homeowner's association or entity to require landowners to contribute to the maintenance of roads, subdivision roads that fell into a state of disrepair have caused emergency vehicles, such as ambulances and firetrucks, to be slowed or damaged when driving through and navigating unpaved, unmaintained roads; and WHEREAS, the most famous case of delayed ambulance arrival was that of Dana Ireland in 1991, a victim of a brutal assault who died prior to the arrival of emergency services, as an ambulance experienced difficulties navigating a Puna road in a significant state of disrepair; and WHEREAS, without an existing homeowner's association, landowners themselves undertook the responsibility to rally their neighbors to contribute time and funds towards the creation and maintenance of share roads a system that has led to neighborhood disputes that sometimes escalate to physical altercations; and WHEREAS, lawsuits such as the Paradise Hui Hanalike v. Hawaiian Paradise Park Corporation, 66 Haw. 362, 662 P.2d 211 (1983), have resulted in thousands of dollars in attorneys' fees expended by litigants unsuccessfully seeking to have the courts approve the entities needed to collect the road maintenance dues; and WHEREAS, there is a lack of statutory guidance regarding the rights and responsibilities of homeowners or entities regarding shared roads and infrastructures not owned by an association or similar entity; and WHEREAS, while some subdivisions were successful in the creation of a court-approved entity to collect contributions from landowners, there is still a lack of oversight and absence of a dispute resolution process that offers landowners the right to appeal the assessments imposed by the entities and the contributions or the use of monies for shared road and infrastructure maintenance and improvement; now, therefore; BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the House of Representatives concurring, that a working group is requested to be convened to: (1) Review the procedures and administrative rules within the Department of Commerce and Consumer Affairs that have effectively established and governed condominium associations that can be applied to a framework for governance of these subdivisions; and (2) Recommend applicable procedures and rules that may be utilized for the establishment of a governing entity, including a basic set of bylaws that provide a framework for notice, voting, and governance; and BE IT FURTHER RESOLVED that the following individuals are requested to serve as members of the working group: (1) A member of the Senate representing the Puna district, to be appointed by the President of the Senate, and to serve as co-chair; (2) A member of the Hawaii County Council, to be selected by the member of the Senate representing the Puna district, and to serve as co-chair; (3) A member of the House of Representatives representing the Puna district, to be appointed by the Speaker of the House of Representatives; (4) The President of the Hawaii State Association of Parliamentarians; (5) The President of the Hawaii Council of Community Associations; (6) A representative from the Department of Commerce and Consumer Affairs Real Estate Branch or their designee; (7) The Director of the County of Hawaii Planning Department or their designee; and (8) The Chairperson of the Community Associations Institute, Hawaii Chapter; and BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Hawaii County Council; President of the Hawaii State Association of Parliamentarians; President of the Hawaii Council of Community Associations; Supervising Executive Officer of the Department of Commerce and Consumer Affairs Real Estate Branch; Director of the County of Hawaii Planning Department; and Chairperson of the Community Associations Institute, Hawaii Chapter. Report Title: Housing Subdivisions; Road Repair and Maintenance; Assessments; County Duties |
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| 43 | + | WHEREAS, in the 1960s, large subdivisions were approved by counties, particularly in the Puna District of the County of Hawaii, that did not require the creation of a homeowner's association for the governance of shared roads or infrastructure; and WHEREAS, without a homeowner's association or entity to require landowners to contribute to the maintenance of roads, subdivision roads that fell into a state of disrepair have caused emergency vehicles such as ambulances and firetrucks to be slowed and damaged when driving through and navigating unpaved, unmaintained roads; and WHEREAS, the most famous case of delayed ambulance arrival was that of Dana Ireland in 1991, a victim of a brutal assault who died prior to the arrival of emergency services, as an ambulance experienced difficulties navigating a Puna road in a significant state of disrepair; and WHEREAS, without an existing homeowner's association, landowners themselves undertook the responsibility to rally their neighbors to contribute time and funds towards the creation and maintenance of share roads a system that has led to neighborhood assaults; and WHEREAS, lawsuits such as the Paradise Hui Hanalike v. Hawaiian Paradise Park Corporation, 66 Haw. 362, 662 P.2d 211 (1983), have resulted in thousands of dollars in attorney fees to litigants unsuccessfully seeking to have the courts approve the entities needed to collect the road maintenance dues; and WHEREAS, there is a lack of statutory guidance regarding the rights and responsibilities of homeowners or entities regarding shared roads and infrastructures not owned by an association or similar entity; and WHEREAS, while some subdivisions were successful in the creation of a court-approved entity to collect contributions from landowners, there is still a lack of oversight and absence of a dispute resolution process that offers landowners the right to appeal the assessments made by the entities regarding contributions or the use of monies for shared road and infrastructure maintenance and improvement; now, therefore; BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the House of Representatives concurring, that a working group is requested to be convened to: (1) Review the procedures and administrative rules within the Department of Commerce and Consumer Affairs that have effectively established and governed condominium associations that can be applied to a framework for governance of these subdivisions; and (2) Recommend applicable procedures and rules that may be utilized for the establishment of a governing entity, including a basic set of bylaws that provide a framework for notice, voting, and governance; and BE IT FURTHER RESOLVED that the following individuals are requested to serve as members of the working group: (1) The President of the Hawaii State Association of Parliamentarians; (2) The President of the Hawaii Council of Community Associations; (3) A representative from the Department of Commerce and Consumer Affairs Real Estate Branch or their designee; (4) The Director of the County of Hawaii Planning Department or their designee; (5) The Chairperson of the Community Associations Institute, Hawaii Chapter; (6) A representative from the affected House district appointed by the Speaker of the House of Representatives; and (7) A representative from the affected Senate district appointed by the President of the Senate; and BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Supervising Executive Officer of the Department of Commerce and Consumer Affairs Real Estate Branch, Chairperson of the Hawaii County Council, Director of the County of Hawaii Planning Department, President of the Hawaii State Association of Parliamentarians, President of the Hawaii Council of Community Associations, and Chairperson of the Community Associations Institute, Hawaii Chapter. OFFERED BY: _____________________________ Report Title: Housing Subdivisions; Road Repair and Maintenance; Assessments; County Duties |
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