SB 385: Condominiums; Condominium Associations; Governing Documents; Electronic Copies

A BILL FOR AN ACT

RELATING TO CONDOMINIUMS.

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

     SECTION 1.  Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to subpart C of part VI to be appropriately designated and to read as follows:

     "§514B-    Governing documents; electronic copies.  (a)  Notwithstanding any other provision to the contrary in the declaration, bylaws, or house rules, an association shall provide an electronic copy of its governing documents, as amended or restated, to a unit owner or the unit owner's authorized agent, upon request, at no cost to the unit owner or the unit owner's authorized agent.

     (b)  For the purposes of this section, "governing documents" means the declaration; bylaws; covenants, conditions, and restrictions; and house rules."

     SECTION 2.  Section 514B-154.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  Subject to section 514B-105(d), and except as provided under section 514B-  , copies of the items in subsection (a) shall be provided to any unit owner or owner's authorized agent upon the owner's or owner's authorized agent's request; provided that the owner or owner's authorized agent pays a reasonable fee for duplication, postage, and stationery[, and other administrative costs associated with handling the request]."

     2.  By amending subsection (d) to read:

     "(d)  [Any] Except as provided under section 514-  , any documents, records, and information, whether maintained, kept, or required to be provided pursuant to this section or section 514B-152, 514B-153, or 514B-154, may be made available electronically to the unit owner or owner's authorized agent if the owner or owner's authorized agent requests such in writing."

     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  Statutory material to be repealed is bracketed and stricken.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; Condominium Associations; Governing Documents; Electronic Copies

Description:

Requires condominium associations to provide electronic copies of their governing documents, as amended or restated, to unit owners or their authorized agents, upon request, at no cost.  Repeals the authority of condominium associations to charge a reasonable fee for administrative costs associated with the handling of a request for association documents.  (CD1)

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

A BILL FOR AN ACT

RELATING TO CONDOMINIUMS.

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

     SECTION 1.  Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to subpart C of part VI to be appropriately designated and to read as follows:

     "§514B-     Governing documents; electronic copies.  (a)  Notwithstanding any other provision to the contrary in the declaration, bylaws, or house rules, an association shall provide an electronic copy of its governing documents, as amended or restated, to a unit owner or the unit owner's authorized agent, upon request, at no cost to the unit owner or the unit owner's authorized agent.

     (b)  For the purposes of this section, "governing documents" means the declaration; bylaws; covenants, conditions, and restrictions; and house rules."

     SECTION 2.  Section 514B-154.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  Subject to section 514B-105(d), and except as provided under section 514B-   , copies of the items in subsection (a) shall be provided to any unit owner or owner's authorized agent upon the owner's or owner's authorized agent's request; provided that the owner or owner's authorized agent pays a reasonable fee for duplication, postage, and stationery[, and other administrative costs associated with handling the request]."

     2.  By amending subsection (d) to read:

     "(d)  [Any] Except as provided under section 514-   , any documents, records, and information, whether maintained, kept, or required to be provided pursuant to this section or section 514B-152, 514B-153, or 514B-154, may be made available electronically to the unit owner or owner's authorized agent if the owner or owner's authorized agent requests such in writing."

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

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Condominiums; Condominium Associations; Governing Documents; Electronic Copies

Description:

Requires condominium associations to provide electronic copies of their governing documents, as amended or restated, to unit owners or their authorized agents, upon request, at no cost.  Repeals the authority of condominium associations to charge a reasonable fee for administrative costs associated with the handling of a request for association documents.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO CONDOMINIUMS.

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

     SECTION 1.  Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to subpart C of part VI to be appropriately designated and to read as follows:

     "§514B-    Governing documents; copies; print or electronic form.  Notwithstanding any other provision to the contrary in the declaration, bylaws, or house rules, an association shall provide a copy of its governing documents, as amended, to an owner or the owner's authorized agent, upon request, in print or electronic form, at no cost to the owner or the owner's authorized agent."

     SECTION 2.  New statutory material is underscored.

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

Report Title:

Condominiums; Condominium Associations; Governing Documents; Copies

Description:

Requires condominium associations to provide copies of their governing documents, as amended, to owners or their authorized agents, upon request, in print or electronic form, at no additional cost.  (SD1)

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

A BILL FOR AN ACT

RELATING TO CONDOMINIUMs.

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

     SECTION 1.  Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to subpart C of part VI to be appropriately designated and to read as follows:

     "§514B-    Governing documents; online access.  Notwithstanding any other provision to the contrary in the association's declaration, bylaws, or house rules, all governing documents of the association as defined by section 514B-191(c), shall be made available to all owners, occupants, or tenants on the association's website free of charge."

     SECTION 2.  New statutory material is underscored.

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

Report Title:

Condominiums; Condominium Associations; Governing Documents; Online Access

Description:

Requires that condominium associations make the governing documents available on the association's website and make them accessible to all owners, occupants, and tenants free of charge.

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

CONFERENCE COMMITTEE REP. NO. 24

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 385

       S.D. 1

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 385, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

     (1)  Require condominium associations to provide electronic copies of their governing documents, as amended or restated, to unit owners or their authorized agents, upon request, at no cost; and

     (2)  Repeal the authority of condominium associations to charge a fee for administrative costs associated with the handling of a request for association documents.

     Your Committee on Conference finds that existing laws regulating condominiums are based upon principles of self‑governance, owner enforcement, alternative dispute resolution, and limited government intervention.  Your Committee on Conference further finds that condominium unit owners' access to condominium associations' governing documents is essential for condominium unit owners to effectively govern themselves and enforce the covenants, conditions, and restrictions of their associations.  Existing law, however, authorizes condominium associations to charge a fee to provide a copy of governing documents to unit owners, which can create barriers for owners.  Providing copies electronically is a reasonable solution to promote transparency and accessibility.

     Your Committee on Conference has amended this measure by making it effective upon its approval.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 385, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 385, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1747

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 385

      S.D. 1

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 385, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

begs leave to report as follows:

     The purpose of this measure is to require condominium associations to provide copies of their governing documents to owners or their authorized agents, upon request, in print or electronic form at no cost.

     Your Committee received testimony in support of this measure from the Palehua Townhouse Association; Hawaiʻi Association of REALTORS; Mortgage Bankers Association of Hawaii; and eight individuals.  Your Committee received testimony in opposition to this measure from Hawaii First Realty and one individual.  Your Committee received comments on this measure from the Honolulu Tower AOAO and seven individuals.

     Your Committee finds that the existing condominium law is based upon the principles of self-governance, owner enforcement, alternative dispute resolution, and limited government intervention.  Your Committee further finds that the capacity of condominium owners to effectively govern themselves and enforce the covenants, conditions, and restrictions of their condominiums is dependent upon the owners' access to the governing documents.  Existing law already authorizes access to governing documents at a reasonable fee.  This measure further opens access to those essential documents by making access free.

     Your Committee has amended this measure by:

     (1)  Requiring electronic copies of the condominium association's governing documents, rather than both paper and electronic copies, to be provided at no cost upon request of the unit owner or the unit owner's authorized agent;

     (2)  Clarifying that the access to governing documents includes when the documents are restated, as well as amended;

     (3)  Inserting a definition of "governing documents" to mean the declaration; bylaws; covenants, conditions, and restrictions; and house rules;

     (4)  Limiting the existing authority to charge a reasonable fee for copies of association documents to be only for duplication, postage, and stationery;

     (5)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 385, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 385, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO. 798

Honolulu, Hawaii

RE:    S.B. No. 385

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 385 entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

begs leave to report as follows:

     The purpose and intent of this measure is to require condominium associations to make their governing documents available on the association's website and make them accessible to all owners, occupants, and tenants, free of charge.

     Your Committee received testimony in support of this measure from the Hawaiʻi Association of REALTORS, Mortgage Bankers Association of Hawaii, and seven individuals.

     Your Committee received testimony in opposition to this measure from Hawaii First Realty; Law Offices of Mark K. McKellar, LLLC; Honolulu Tower; and twelve individuals.

     Your Committee finds that when a condominium unit owner requests a copy of the association's governing documents, some associations will charge a fee to provide those documents, which can create barriers for owners that want to stay informed on key condominium issues.  Requiring condominium associations to make these governing documents freely available online would help increase transparency and accessibility for condominium unit owners on important information about their rights and responsibilities.  Your Committee acknowledges the testimony in opposition to this measure expressing concerns that not all condominium associations have a website where they can publish their governing documents in accordance with this measure, nor is there a compelling reason to grant non-parties access to these documents.  Your Committee notes, however, that a request for a copy of the documents in electronic form is reasonable, as there would be no costs incurred to produce the copy.  Amendments to this measure are therefore necessary to address these concerns.

     Accordingly, your Committee has amended this measure by:

     (1)  Requiring an association to provide a copy of its governing documents, as amended, to an owner or the owner's authorized agent upon request, in print or electronic form, at no additional cost to the owner or the owner's agent; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 385, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 385, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,