1 | 1 | | HOUSE OF REPRESENTATIVES H.C.R. NO. 6 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII HOUSE CONCURRENT RESOLUTION REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE LICENSURE AND REGULATION OF ASSOCIATION MANAGERS. |
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3 | 3 | | HOUSE OF REPRESENTATIVES H.C.R. NO. 6 |
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4 | 4 | | THIRTY-SECOND LEGISLATURE, 2023 |
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5 | 5 | | STATE OF HAWAII |
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6 | 6 | | |
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7 | 7 | | HOUSE OF REPRESENTATIVES |
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8 | 8 | | |
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9 | 9 | | H.C.R. NO. |
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10 | 10 | | |
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11 | 11 | | 6 |
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12 | 12 | | |
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13 | 13 | | THIRTY-SECOND LEGISLATURE, 2023 |
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16 | 16 | | |
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17 | 17 | | STATE OF HAWAII |
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26 | 26 | | |
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28 | 28 | | |
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29 | 29 | | HOUSE CONCURRENT |
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30 | 30 | | |
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31 | 31 | | RESOLUTION |
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36 | 36 | | |
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37 | 37 | | REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE LICENSURE AND REGULATION OF ASSOCIATION MANAGERS. |
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43 | 43 | | WHEREAS, due to the effects of climate change and the establishment of more stringent structural facility maintenance requirements, it is more important than ever that homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations are properly managed to protect the life and safety of residents; and WHEREAS, an estimated three hundred sixty thousand people in the State, or about one in four persons, live in a property managed by these types of associations; and WHEREAS, these associations are typically governed by volunteer boards of directors who often have limited expertise in financing, property management, or engineering; and WHEREAS, therefore, it is crucial that the professional managers hired to manage the day-to-day operations of these associations possess the specialized knowledge and expertise required to properly service these entities; and WHEREAS, licensing these professional managers will help to increase accountability and improve the safety of residents, guests, and property; and WHEREAS, Senate Bill No. , introduced during the 2023 Regular Session, proposes the regulation and licensure of managers of homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations; and WHEREAS, section 26H-6, Hawaii Revised Statutes, requires new measures subjecting unregulated professions and vocations to licensing or other regulatory controls to be referred to the Auditor for analysis; and WHEREAS, section 26H-6, Hawaii Revised Statutes, further requires that referral to the Auditor shall be by a concurrent resolution that identifies a specific legislative bill to be analyzed; and WHEREAS, it is appropriate for the Auditor to conduct a sunrise review of this profession prior to the State enacting regulatory legislation; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that the Auditor is requested to conduct a sunrise review of the licensure and regulation of managers of homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations as established in Senate Bill No. , introduced during the 2023 Regular Session; and BE IT FURTHER RESOLVED that the Auditor is requested to submit a report of the Auditor's findings to the Legislature no later than twenty days prior to the Regular Session of 2024; and BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Auditor. OFFERED BY: _____________________________ Report Title: Auditor; Sunrise Review; Homeowners' Associations; Planned Community Associations; Cooperative Housing Corporations; Unit Owners' Associations; Managers |
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44 | 44 | | |
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45 | 45 | | WHEREAS, due to the effects of climate change and the establishment of more stringent structural facility maintenance requirements, it is more important than ever that homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations are properly managed to protect the life and safety of residents; and |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | WHEREAS, an estimated three hundred sixty thousand people in the State, or about one in four persons, live in a property managed by these types of associations; and |
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51 | 51 | | |
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52 | 52 | | |
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53 | 53 | | WHEREAS, these associations are typically governed by volunteer boards of directors who often have limited expertise in financing, property management, or engineering; and |
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54 | 54 | | |
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55 | 55 | | |
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56 | 56 | | |
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57 | 57 | | WHEREAS, therefore, it is crucial that the professional managers hired to manage the day-to-day operations of these associations possess the specialized knowledge and expertise required to properly service these entities; and |
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58 | 58 | | |
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59 | 59 | | |
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60 | 60 | | |
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61 | 61 | | WHEREAS, licensing these professional managers will help to increase accountability and improve the safety of residents, guests, and property; and |
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62 | 62 | | |
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63 | 63 | | |
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64 | 64 | | |
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65 | 65 | | WHEREAS, Senate Bill No. , introduced during the 2023 Regular Session, proposes the regulation and licensure of managers of homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations; and |
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66 | 66 | | |
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67 | 67 | | |
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68 | 68 | | |
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69 | 69 | | WHEREAS, section 26H-6, Hawaii Revised Statutes, requires new measures subjecting unregulated professions and vocations to licensing or other regulatory controls to be referred to the Auditor for analysis; and |
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70 | 70 | | |
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71 | 71 | | |
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72 | 72 | | |
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73 | 73 | | WHEREAS, section 26H-6, Hawaii Revised Statutes, further requires that referral to the Auditor shall be by a concurrent resolution that identifies a specific legislative bill to be analyzed; and |
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74 | 74 | | |
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75 | 75 | | |
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76 | 76 | | |
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77 | 77 | | WHEREAS, it is appropriate for the Auditor to conduct a sunrise review of this profession prior to the State enacting regulatory legislation; now, therefore, |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that the Auditor is requested to conduct a sunrise review of the licensure and regulation of managers of homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations as established in Senate Bill No. , introduced during the 2023 Regular Session; and |
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82 | 82 | | |
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85 | 85 | | BE IT FURTHER RESOLVED that the Auditor is requested to submit a report of the Auditor's findings to the Legislature no later than twenty days prior to the Regular Session of 2024; and |
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89 | 89 | | BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Auditor. |
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97 | 97 | | OFFERED BY: _____________________________ |
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101 | 101 | | OFFERED BY: |
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103 | 103 | | _____________________________ |
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109 | 109 | | Report Title: |
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111 | 111 | | Auditor; Sunrise Review; Homeowners' Associations; Planned Community Associations; Cooperative Housing Corporations; Unit Owners' Associations; Managers |
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