Bill Text: HI HB1839 | 2020 | Regular Session | Introduced

Hawaii House Bill 1839 (Prior Session Legislation)

Introduced

Bill Title: Relating To Planned Community Associations.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2020-01-21 - Referred to CPC, JUD, referral sheet 2 [HB1839 Detail]

Download: Hawaii-2020-HB1839-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1839
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PLANNED COMMUNITY ASSOCIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§421J- Repairs to property for the common use or benefit of association members; written demand; deduction from assessments. (a) An association member may make a demand for an association to make repairs to property within the planned community for the common use or benefit of association members. The demand shall be in writing.

(b) The association shall have thirty days to do one of the following:

(1) Issue a written response to the demand for repairs that specifies any reasons for not conducting the repairs; or

(2) Initiate the repairs that were demanded.

(c) An association member may conduct reasonable repairs to property within the planned community for the common use or benefit of association members if the association does not take action pursuant to subsection (b). Costs for the repairs shall be deducted from the association member's assessments. If the costs of the repairs exceed the amount of the association member's assessments, the excess amount shall be deducted from all subsequent assessments until the costs have been covered; provided that repairs may be deductible only if the repairs were performed by a licensed contractor or a person or entity licensed to perform such repair.

(d) Repairs for private roads shall be performed by a licensed contractor. In no event shall the association impose a lien on any association member's property resulting from a demand for repair or maintenance of a private road when there are no repairs or maintenance routinely scheduled at least twice within the year preceding the demand."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Planned Community Associations; Members; Repairs; Written Demand

Description:

Allows association members to make written demand to planned community associations to make repairs to common property. Allows association members to make repairs under certain conditions and deduct costs for the repairs from the association assessments under certain conditions. Outlines limitations for repairing private roads.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.