Hawaii 2022 Regular Session

Hawaii House Bill HB1857

Introduced
1/24/22  

Caption

Relating To Condominium Associations.

Impact

By limiting attorney fees to a maximum of twenty-five percent of the original debt amount being pursued by the association, the bill seeks to create a more equitable financial structure for condominium unit owners. This change is expected to alleviate concerns among unit owners about being financially responsible for exorbitant legal expenses that may not directly benefit them. Furthermore, the bill's provisions mandate that communication between attorneys and the association is to be confined to the board, promoting a more structured approach to legal interactions.

Summary

House Bill 1857 addresses the management and financial practices of condominium associations specifically regarding the payment of attorneys' fees. The bill stipulates that when a condominium association requires legal services, the costs must be exclusively covered by the association's own funds and reserves, rather than being passed on to individual unit owners. This move is aimed at protecting unit owners from excessive and potentially burdensome legal costs that could arise from legal disputes involving the association.

Contention

While the intent of HB 1857 is to enhance financial transparency and protect unit owners, it may raise questions about the effectiveness of legal representation for the associations. Critics may argue that restricting attorney communications could hinder the thoroughness of legal actions taken on behalf of the association, leading to potential oversights in complex legal matters. Additionally, there may be concerns regarding how these financial regulations will be enforced and their implications on associations with fewer resources.

Final_notes

Overall, House Bill 1857 is a significant step towards reforming the way condominium associations handle legal fees, aiming to provide more stability and fairness within the financial obligations of unit owners. Yet, it remains to be seen how these regulations will play out in practice, particularly in cases involving substantial legal disputes.

Companion Bills

HI SB2730

Same As Relating To Condominium Associations.

Previously Filed As

HI H6005

Statute of Repose for Actions by Condominium Associations

HI H0395

Hurricane Protection for Condominium Associations

Similar Bills

HI SB2493

Relating To Condominium Associations.

CA SB722

Transfer of real property: single-family homes, townhomes, and condominiums.

HI HB1209

Relating To Condominium Associations.

HI SB2730

Relating To Condominium Associations.

HI SB2336

Relating To Condominiums.

AZ HB2648

Condominiums; planned communities; lien; assessment

AZ HB2280

Homeowners' associations; assessments; liens; payments

MA H1523

Establishing an office of the condominium ombudsman