Bill Text: HI SR41 | 2019 | Regular Session | Amended


Bill Title: Requesting The Real Estate Commission To Conduct A Study On The Implementation Of Recommendations Found In The Condominium Governance An Examination Of Some Issues 1989 Report By The Legislative Reference Bureau.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2019-03-29 - Report and Resolution Adopted, as amended (SD 1). [SR41 Detail]

Download: Hawaii-2019-SR41-Amended.html

THE SENATE

S.R. NO.

41

THIRTIETH LEGISLATURE, 2019

S.D. 1

STATE OF HAWAII

 

 

 

 

 

SENATE RESOLUTION

 

 

REQUESTING THE REAL ESTATE COMMISSION TO CONDUCT A STUDY ON THE IMPLEMENTATION OF RECOMMENDATIONS FOUND IN THE CONDOMINIUM GOVERNANCE AN EXAMINATION OF SOME ISSUES 1989 REPORT BY THE LEGISLATIVE REFERENCE BUREAU.

 

 


     WHEREAS, in 1988, the Legislature adopted Senate Concurrent Resolution No. 100, S.D. 1, H.D. 1, which requested the Legislative Reference Bureau to conduct an interim study of the various problems concerning the governance of condominiums and propose feasible means and effective methods of addressing those problems; and

 

     WHEREAS, in response to the resolution, in 1989 the Legislative Reference Bureau, with the assistance of the Department of Commerce and Consumer Affairs, conducted a study titled Condominium Governance An Examination of Some Issues, Report No. 4, 1989, which provided findings and recommendations concerning condominium governance in the State; and

 

     WHEREAS, thirty years have elapsed since the publication of the report and the population of Hawaii has drastically increased, along with the amount of registered condominium associations; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, that the Real Estate Commission is requested to conduct a study on whether, and to what degree, the findings and recommendations found in the Condominium Governance An Examination of Some Issues, Report No. 4, 1989, have been implemented; and

 

     BE IT FURTHER RESOLVED that the study is also requested to address any further action that may be needed to fulfill unresolved findings and recommendations and any other comments and concerns that interested parties may provide; and

 

     BE IT FURTHER RESOLVED that the study is also requested to include assessments on the following:

 

     (1)  Whether the developer's public report required under existing law provides adequate and understandable disclosures to prospective purchasers of new and converted condominium projects, and if not, any potential methods that could be used to further educate prospective purchasers;

 

     (2)  Whether the current financial reserves study and funding requirements completed by registered associations of apartment owners are sufficient; and

 

     (3)  Whether the use of the current voting process is appropriate, whether the proxy voting process provides an advantage or disadvantage in the governing process, and whether there are inherent conflicts between owner-occupants, investor owners, and commercial owners; and

 

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to provide technical assistance to the Real Estate Commission while the Commission completes its study; and

 

     BE IT FURTHER RESOLVED that the Real Estate Commission is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Commerce and Consumer Affairs, Chairperson of the Real Estate Commission, and Director of the Legislative Reference Bureau.

Report Title: 

Legislative Reference Bureau; Department of Commerce and Consumer Affairs; Real Estate Commission; Condominium Governance

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