SB 146 Hawaii Senate · 2026 Regular Session

RELATING TO CONDOMINIUMS.

Summary
Amends the conditions and procedures of alternative dispute resolution methods for condominium-related disputes, including the use of evaluative mediation or binding arbitration. Effective 7/1/2050. (HD2)
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
Senate Passage
Mar 2025
House Passage
Apr 2025
Governor
Introduced Jan 10, 2025 Last action Apr 2, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

SB146_HD2 SB146_SD1 · 7 edits
MODERATE
This bill updates Hawaii's condominium dispute resolution laws by replacing 'evaluative mediation' with 'mediation' and adding a new 'early neutral evaluation' process. It also revises funding limits, which are now left blank for the commission to set, and updates the qualifications for mediators and evaluators to require five years of attorney experience. Additionally, the bill repeals an old section on attorneys' fees and clarifies the rules for collecting fines and assessments.
Scope change
The bill expands the scope of alternative dispute resolution by introducing 'early neutral evaluation' as a new mandatory step in certain disputes and broadens the definition of covered dispute types.
REQUIREMENT

Replaced the term 'evaluative mediation' with 'mediation' throughout the bill to simplify the process and remove the requirement for an initial assessment of case strengths.

Added a new 'early neutral evaluation' process that allows parties to get an evaluator's opinion on the likely outcome of a dispute before or after mediation.

Changed the rule for collecting fines from being 'collectible' to 'collectable,' and clarified that attorney fees for fines cannot be charged until the fine is deemed collectable.

FISCAL

Removed specific dollar caps for funding mediation and arbitration, leaving blank spaces for the commission to determine appropriate future limits.

ELIGIBILITY

Updated qualifications for mediators and evaluators to require five years of experience as a licensed attorney, whereas arbitrators previously required a different mix of experience.

ENFORCEMENT

Repealed Section 514B-157, which previously governed attorneys' fees for collecting delinquent assessments, replacing it with new fee rules tied to the updated dispute resolution processes.

DEFINITION

Removed the specific definition of 'evaluative mediation' from the statute, as the process has been renamed and restructured.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
41
Key actions
9
Committee
11
Amendments
1
Apr 10, 2025
Amended
Senate disagrees with House amendments.
upper
Apr 10, 2025
Introduced
Received from House (Hse. Com. No. 630).
upper
Apr 8, 2025
Lower · Passed
Passed Third Reading as amended in HD 2 with none voting aye with reservations; Representative(s) Alcos, Garcia, Iwamoto, Muraoka, Pierick, Shimizu voting no (6) and Representative(s) Cochran excused (1). Transmitted to Senate.
lower
Apr 2, 2025
Lower · Passed
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Perruso, Takayama, Todd; Ayes with reservations: Representative(s) Belatti; 2 Noes: Representative(s) Garcia, Shimizu; and 1 Excused: Representative(s) Cochran.
lower
Mar 21, 2025
Committee
Reported from CPC (Stand. Com. Rep. No. 1504) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
lower
Mar 18, 2025
Lower · Passed
The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Chun, Ilagan, Ichiyama, Kong, Lowen, Marten; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and 2 Excused: Representative(s) Tam, Pierick.
lower
Mar 6, 2025
Committee
Referred to CPC, JHA, referral sheet 19
lower
Mar 4, 2025
Introduced
Received from Senate (Sen. Com. No. 101) in amended form (SD 1).
lower
Mar 4, 2025
Upper · Passed
Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
upper
Feb 21, 2025
Upper · Passed
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard.
upper
Feb 18, 2025
Upper · Passed
The committee(s) on JDC will hold a public decision making on 02-21-25 10:20AM; Conference Room 016 & Videoconference.
upper
Feb 14, 2025
Upper · Passed
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
upper
Feb 14, 2025
Committee
Reported from CPN (Stand. Com. Rep. No. 663) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
upper
Feb 12, 2025
Upper · Passed
The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, Richards, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.
upper
Jan 31, 2025
Upper · Passed
The committee(s) on CPN has scheduled a public hearing on 02-05-25 10:00AM; Conference Room 229 & Videoconference.
upper
Jan 27, 2025
Committee
Re-Referred to CPN, JDC.
upper
Jan 17, 2025
Committee
Referred to CPN.
upper
Jan 15, 2025
Introduced
Introduced and passed First Reading.
upper
Jan 10, 2025
Introduced
Pending Introduction.
upper
5 primary · 2 co-sponsors

Sponsors