Bill Text: HI SB2010 | 2012 | Regular Session | Introduced


Bill Title: Condominiums; Tenants; Association Approval

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-02-22 - (S) The committee on CPN deferred the measure. [SB2010 Detail]

Download: Hawaii-2012-SB2010-Introduced.html

THE SENATE

S.B. NO.

2010

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to tenancy.

 

 

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

 


     SECTION 1.  Chapter 514A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§514A-     Association approval of tenant not required.  Whenever the bylaws do not forbid the owner of a residential use apartment from renting or leasing the apartment, the bylaws shall not require an owner to obtain approval from the association of apartment owners to rent or lease the apartment or to obtain approval from the association to rent or lease the apartment to a particular tenant; provided that:

     (1)  The rental or lease agreement specifically incorporates the bylaws, rules adopted pursuant to the bylaws, and any other applicable governing documents of the association and requires the tenant to comply with them; and

     (2)  The residential use apartment owner agrees in writing to indemnify the association for any loss caused by the tenant."

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

     "§514B-     Association approval of tenant not required.  Whenever the bylaws do not forbid a residential unit owner from renting or leasing the unit, the bylaws shall not require any owner to obtain approval from the association to rent or lease the unit or to obtain approval from the association to rent or lease the unit to a particular tenant; provided that:

     (1)  The rental or lease agreement specifically incorporates the bylaws, rules adopted pursuant to the bylaws, and any other applicable governing documents of the association and requires the tenant to comply with them; and

     (2)  The residential unit owner agrees in writing to indemnify the association for any loss caused by the tenant."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Condominiums; Tenants; Association Approval

 

Description:

Prohibits adoption of bylaws that require owner to obtain approval of association to rent or lease or for a particular tenant, provided that rental or lease agreement requires tenant to comply with bylaws and owner indemnifies association for any loss caused by tenant.

 

 

 

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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