SB 2945: Condominiums; Associations; Unit Owners; High-Risk Components; Appliances; Inspection; Repair

A BILL FOR AN ACT

relating to condominiums.

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

     SECTION 1.  Section 514B-138, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (a) and (b) to read:

     "(a)  The board, after notice to all unit owners and an opportunity for owner comment, may determine that certain portions of the units, or certain objects or appliances within the units [such as washing machine hoses and water heaters], pose a particular risk of damage to other units or the common elements if they are not properly inspected, maintained, repaired, or replaced by owners.  Those items determined by the board to pose a particular risk are "high-risk components" for the purposes of this section.

     (b)  With regard to items designated as high-risk components, the board may require any or all of the following:

     (1)  Inspection:

          (A)  At specified intervals; or

          (B)  Upon replacement or repair by the [association or by inspectors designated by the association;] owner;

     (2)  Replacement or repair at specified intervals whether or not the component is deteriorated or defective; and

     (3)  Replacement or repair:

          (A)  Meeting particular standards or specifications established by the board;

          (B)  Including additional components or installations specified by the board; or

          (C)  Using contractors with specific licensing, training, or certification approved by the board."

     2.  By amending subsection (d) to read:

     "(d)  If a unit owner fails to follow requirements imposed by the board pursuant to this section, the association, after reasonable notice, may enter the unit to perform the [requirements] required inspection with regard to [such] the high-risk components at the sole cost and expense of the unit owner, which costs and expenses shall be a lien on the unit as provided in section 514B‑146.  Nothing in this section shall be deemed to limit the remedies of the association for damages, or injunctive relief, or both."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Condominiums; Associations; Unit Owners; High-Risk Components; Appliances; Inspection; Repair

Description:

Authorizes condominium associations to inspect high-risk components in a unit upon the replacement or repair of the component by the owner.

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