Hawaii 2025 Regular Session

Hawaii House Bill HB475 Compare Versions

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

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 475 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO common interest ownership communities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 475
4	4	THIRTY-THIRD LEGISLATURE, 2025
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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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 common interest ownership communities.
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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. The legislature finds that due to the effects of climate change and the establishment of more stringent structural facility maintenance requirements, it is more important than ever that common interest ownership communities, including homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations, are properly managed to protect the life and safety of residents in these communities. The legislature further finds that an estimated three hundred sixty thousand people in the State, or about one in four persons, live in a common interest ownership community managed by these types of associations. These individuals live in projects governed by volunteer boards of directors who often have limited expertise in financing, property management, or engineering. Therefore, it is crucial that the professional association managers hired to manage the day-to-day operations of common interest ownership communities possess the specialized knowledge and expertise required to properly service these entities. The legislature also finds that one way to ensure that association managers are qualified is by establishing licensing requirements. The establishment of licensing requirements for association managers will increase accountability, improve the safety of residents, guests, and property, and will help to standardize the long-term repair and maintenance obligations in common interest ownership communities. Empowering a licensing board to monitor this profession will also help to ensure boards of directors and individual better understand the long-term financial obligations required for the common interest ownership communities in which they reside. Accordingly, the purpose of this Act is to establish licensing and regulation requirements for managers of homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows: "Chapter MANAGERS of homeowners associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations § -1 Definitions. As used in this chapter: "Association" includes homeowners' associations and planned community associations governed under chapter 421J, cooperative housing corporations governed under chapter 421I, and condominium unit owners' associations governed under chapter 514B. "Association manager" means any person, regardless of that person's title, who is hired or contracted by an association to oversee the daily operations of the association, including managing the association's budget, collecting dues, managing delinquencies, bookkeeping, maintaining common areas, performing site inspections, complying with applicable laws, hiring association employees, updating and maintaining insurance policies, enforcing governing documents, performing dispute resolution, and managing vendors. "Board" means the association manager licensing board. "Department" means the department of commerce and consumer affairs. § -2 License required. (a) Beginning July 1, 2027, it shall be unlawful for any person to be employed or contracted by an association as an association manager without having first obtained a license as provided in this chapter. (b) Any person who violates this section shall be subject to a fine of not more than $ for each separate offense. Each day of each violation shall constitute a separate offense. § -3 Exemptions. This chapter shall not apply to any employee or contractor of an association manager who works under the supervision or direction of a person who is licensed under this chapter. § -4 Association manager licensing board; established; organization; powers. (a) There is established within the department for administrative purposes the association manager licensing board. (b) The board shall consist of members, including association managers having at least five years of experience providing services to associations preceding their appointment and private citizens who are not affiliated with the association industry. (c) In addition to any other powers and duties authorized by law, the board may: (1) Establish licensure requirements for association managers; (2) Grant, deny, or renew licenses to association managers; (3) Adopt, amend, or repeal rules, pursuant to chapter 91, not inconsistent with the law, as may be necessary to administer, coordinate, and enforce the licensure of association managers pursuant to this chapter; (4) Take disciplinary action against an entity for violation of this chapter or any rules adopted pursuant to this chapter; (5) Develop and adopt rules relating to the provision of services by association managers; (6) Adopt a code of ethics to address permissible and prohibited activities of licensees; and (7) Promote the standardization of the long-term repair and maintenance obligations among associations to help ensure that these entities and individual owners better understand the long-term financial obligations required with respect to these types of common interest ownership communities. § -5 License fees. The department may collect a license fee in an amount determined by the department to be reasonably necessary to reimburse the department for the costs incurred in establishing and administering the association manager licensure program pursuant to this chapter and conducting any periodic inspections. § -6 Association managers recovery fund; established. (a) The board may establish and maintain an association managers recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed association manager that is in violation of this chapter or the rules adopted pursuant to this chapter, may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $ for damages sustained by the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law, and reasonable attorneys' fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of an association manager whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time of the alleged act, representation, transaction, or conduct. (b) When any person applies for an association manager license, the person shall pay, in addition to any original license fee collected pursuant to section -6, a fee of $ for deposit into the association managers recovery fund as provided in rules adopted by the department. If the board does not issue the license, these fees shall be returned to the applicant." SECTION 3. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that due to the effects of climate change and the establishment of more stringent structural facility maintenance requirements, it is more important than ever that common interest ownership communities, including homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations, are properly managed to protect the life and safety of residents in these communities.
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51	51	The legislature further finds that an estimated three hundred sixty thousand people in the State, or about one in four persons, live in a common interest ownership community managed by these types of associations. These individuals live in projects governed by volunteer boards of directors who often have limited expertise in financing, property management, or engineering. Therefore, it is crucial that the professional association managers hired to manage the day-to-day operations of common interest ownership communities possess the specialized knowledge and expertise required to properly service these entities.
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53	53	The legislature also finds that one way to ensure that association managers are qualified is by establishing licensing requirements. The establishment of licensing requirements for association managers will increase accountability, improve the safety of residents, guests, and property, and will help to standardize the long-term repair and maintenance obligations in common interest ownership communities. Empowering a licensing board to monitor this profession will also help to ensure boards of directors and individual better understand the long-term financial obligations required for the common interest ownership communities in which they reside.
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55	55	Accordingly, the purpose of this Act is to establish licensing and regulation requirements for managers of homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations.
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57	57	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows:
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61	61	MANAGERS of homeowners associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations
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63	63	§ -1 Definitions. As used in this chapter:
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65	65	"Association" includes homeowners' associations and planned community associations governed under chapter 421J, cooperative housing corporations governed under chapter 421I, and condominium unit owners' associations governed under chapter 514B.
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67	67	"Association manager" means any person, regardless of that person's title, who is hired or contracted by an association to oversee the daily operations of the association, including managing the association's budget, collecting dues, managing delinquencies, bookkeeping, maintaining common areas, performing site inspections, complying with applicable laws, hiring association employees, updating and maintaining insurance policies, enforcing governing documents, performing dispute resolution, and managing vendors.
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69	69	"Board" means the association manager licensing board.
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71	71	"Department" means the department of commerce and consumer affairs.
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73	73	§ -2 License required. (a) Beginning July 1, 2027, it shall be unlawful for any person to be employed or contracted by an association as an association manager without having first obtained a license as provided in this chapter.
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75	75	(b) Any person who violates this section shall be subject to a fine of not more than $ for each separate offense. Each day of each violation shall constitute a separate offense.
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77	77	§ -3 Exemptions. This chapter shall not apply to any employee or contractor of an association manager who works under the supervision or direction of a person who is licensed under this chapter.
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79	79	§ -4 Association manager licensing board; established; organization; powers. (a) There is established within the department for administrative purposes the association manager licensing board.
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81	81	(b) The board shall consist of members, including association managers having at least five years of experience providing services to associations preceding their appointment and private citizens who are not affiliated with the association industry.
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83	83	(c) In addition to any other powers and duties authorized by law, the board may:
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85	85	(1) Establish licensure requirements for association managers;
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87	87	(2) Grant, deny, or renew licenses to association managers;
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89	89	(3) Adopt, amend, or repeal rules, pursuant to chapter 91, not inconsistent with the law, as may be necessary to administer, coordinate, and enforce the licensure of association managers pursuant to this chapter;
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91	91	(4) Take disciplinary action against an entity for violation of this chapter or any rules adopted pursuant to this chapter;
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93	93	(5) Develop and adopt rules relating to the provision of services by association managers;
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95	95	(6) Adopt a code of ethics to address permissible and prohibited activities of licensees; and
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97	97	(7) Promote the standardization of the long-term repair and maintenance obligations among associations to help ensure that these entities and individual owners better understand the long-term financial obligations required with respect to these types of common interest ownership communities.
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99	99	§ -5 License fees. The department may collect a license fee in an amount determined by the department to be reasonably necessary to reimburse the department for the costs incurred in establishing and administering the association manager licensure program pursuant to this chapter and conducting any periodic inspections.
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101	101	§ -6 Association managers recovery fund; established. (a) The board may establish and maintain an association managers recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed association manager that is in violation of this chapter or the rules adopted pursuant to this chapter, may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $ for damages sustained by the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law, and reasonable attorneys' fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of an association manager whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time of the alleged act, representation, transaction, or conduct.
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103	103	(b) When any person applies for an association manager license, the person shall pay, in addition to any original license fee collected pursuant to section -6, a fee of $ for deposit into the association managers recovery fund as provided in rules adopted by the department. If the board does not issue the license, these fees shall be returned to the applicant."
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105	105	SECTION 3. This Act shall take effect on July 1, 2025.
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109	109	INTRODUCED BY: _____________________________
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111	111	INTRODUCED BY:
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119	119	Report Title: DCCA; Association Managers; Homeowners' Associations; Planned Community Associations; Cooperative Housing Corporations; Condominium Unit Owners' Associations; Managers; Licensing; Recovery Fund Description: Creates regulation requirements for managers of homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations in the State. Requires licensure of association managers beginning 7/1/2027. Establishes an Association Manager Licensing Board within the Department of Commerce and Consumer Affairs. 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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125	125	Report Title:
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127	127	DCCA; Association Managers; Homeowners' Associations; Planned Community Associations; Cooperative Housing Corporations; Condominium Unit Owners' Associations; Managers; Licensing; Recovery Fund
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131	131	Description:
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133	133	Creates regulation requirements for managers of homeowners' associations, planned community associations, cooperative housing corporations, and condominium unit owners' associations in the State. Requires licensure of association managers beginning 7/1/2027. Establishes an Association Manager Licensing Board within the Department of Commerce and Consumer Affairs.
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141	141	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.