Bill Text: HI HB23 | 2019 | Regular Session | Amended

---

Bill Title: Relating To Condominiums.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-02-13 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB23 Detail]

Download: Hawaii-2019-HB23-Amended.html

---

HOUSE OF REPRESENTATIVES	H.B. NO.	23
THIRTIETH LEGISLATURE, 2019		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO CONDOMINIUMS.

 

 

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

 

     SECTION 1.  The legislature urges all of the State's residents to be prepared for emergencies and disasters, including the significant number who live in condominium units.  Although condominium residents would benefit from the development of disaster preparedness plans that help ensure safety during emergencies, the legislature finds that not all condominium properties have disaster preparedness plans in place.

     The purpose of this Act is to require the creation of adequate disaster preparedness plans for condominium properties.

     SECTION 2.  Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§514B-A  Disaster preparedness plan to accompany declaration.  (a)  A disaster preparedness plan shall accompany each declaration for a new condominium property regime submitted for recordation after December 31, 2019.

     (b)  Each disaster preparedness plan shall conform to the requirements of section 514B-B(b)."

     SECTION 3.  Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to part VI, subpart C, to be appropriately designated and to read as follows:

     "§514B-B  Disaster preparedness plan; existing condominium property regimes.  (a)  Each managing agent retained by a condominium property regime created before January 1, 2020, for the management of condominium property shall prepare a disaster preparedness plan for the condominium property regime before January 1, 2020.

     (b)  Each disaster preparedness plan, at minimum, shall:

     (1)  Provide for the safe exit of persons from the condominium property regime in the event of a disaster, including persons who have impaired mobility, are disabled, or have special medical needs;

     (2)  Provide one or more options for alternative shelter in the event of a disaster for persons residing or occupying the condominium property regime;

     (3)  Include plans to provide food for individuals who are unable to return to their condominium units for extended periods of time as a result of a disaster; and

     (4)  As necessary, include procedures that are appropriate for different types of disasters.

     (c)  A managing agent shall not be required to prepare a disaster preparedness plan pursuant to this section if a previous managing agent or the association previously created a disaster preparedness plan for the condominium property regime.

     (d)  A managing agent that prepares a disaster preparedness plan pursuant to this section shall be immune from suit and liability for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission with respect to the plan or any execution of the plan; provided that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of the managing agent.

     (e)  For the purposes of this section, "disaster" means any emergency, or imminent threat thereof, that results or is likely to result in loss of life or property."

     SECTION 4.  Section 514B-153, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  [An accurate copy] Accurate copies of [the]:

     (1)  The declaration[,];

     (2)  The bylaws[,];

     (3)  The house rules, if any[,];

     (4)  The master lease, if any[, a];

     (5)  The disaster preparedness plan;

     (6)  A sample original conveyance document[, all];

     (7)  All public reports; and [any]

     (8)  Any amendments [thereto,] to the records in paragraphs (1) to (7),

shall be kept at the managing agent's office."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  In codifying the new sections added by sections 2 and 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on January 1, 2050.

 

Report Title:

Condominiums; Disaster Preparedness; Managing Agents

 

Description:

Requires a disaster preparedness plan to accompany each declaration for a new condominium property regime submitted for recordation after December 31, 2019.  Requires each managing agent for each condominium property regime created before January 1, 2020, to prepare a disaster preparedness plan.  (HB23 HD1)

 

 

 

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