HB 106 Hawaii House · 2025 Regular Session

RELATING TO CONDOMINIUMS.

Summary

Clarifies the authority of condominium associations to impose fines for violations of the declaration, bylaws, house rules, or regulations adopted by the condominium association. Establishes a process for the unit owner or tenant of the unit owner to appeal the imposition of a fine. Clarifies the responsibilities of unit owners to pay common expense assessments. Clarifies the rights and process for unit owners to appeal assessments other than common expense assessments. Specifies that the Small Claims Division has exclusive jurisdiction over cases arising from condominium disputes regarding fines. Effective 7/1/3000. (HD1)

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 13, 2025 Last action Feb 25, 2025

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What changed between versions

HB106 → HB106_HD1 · 6 edits

MODERATE

This bill clarifies how condominium associations in Hawaii can impose fines and collect assessments, establishing clearer rules for appeals and dispute resolution. It strengthens the association's ability to enforce rules against both unit owners and tenants while adding protections for owners to dispute charges through mediation or small claims court. The changes aim to balance enforcement authority with due process rights for residents.

Scope change

The bill expands the scope of condominium enforcement to explicitly include tenants as subjects of fines and enforcement actions, whereas previously only unit owners were clearly covered. It also clarifies the jurisdiction of small claims courts over condominium disputes.

ENFORCEMENT

Associations can now impose fines and exercise enforcement powers directly against tenants for violations, with the unit owner remaining responsible for the tenant's conduct and any resulting fines.

Small claims court now has exclusive jurisdiction over condominium fine disputes, limiting where owners can file appeals for fines imposed by associations.

REQUIREMENT

New mandatory appeals process established requiring associations to provide written notice of violations and fines, including specific details about the violation and the appeals procedure.

Unit owners must pay common expense assessments in full before disputing them, though they can dispute other charges like fines and late fees through mediation before payment.

TIMELINE

Updated effective date to July 1, 3000, which appears to be a placeholder or error in the draft legislation.

DEFINITION

Clarified that regular monthly common assessments do not include special assessments, late charges, fines, interest, or collection fees.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 11, 2025

Committee

Reported from CPC (Stand. Com. Rep. No. 425) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

lower

Jan 30, 2025

Lower · Passed

The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Matayoshi, Chun, Ilagan, Ichiyama, Iwamoto, Kong, Lowen, Marten, Tam, Pierick; Ayes with reservations: none; Noes: none; and Excused: none.

lower

Jan 21, 2025

Committee

Referred to CPC, JHA, referral sheet 1

lower

Jan 16, 2025

Introduced

Introduced and Pass First Reading.

lower

Jan 13, 2025

Introduced

Prefiled.

lower

8 primary · 0 co-sponsors