HB1716 HD1

Report Title:

Condominiums; Mediation

 

Description:

Requires an apartment owner and the board of directors to pay for their own mediation costs and to share joint costs equally, unless otherwise agreed by the parties at the end of the mediation. (HB1716 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	1716
TWENTY-FIRST LEGISLATURE, 2002		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO CONDOMINIUM PROPERTY REGIMES.

 

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

SECTION 1. Section 514A-121.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§514A-121.5[]] Mediation. If an apartment owner or the board of directors requests mediation of a dispute involving the interpretation or enforcement of the association of apartment owners' declaration, bylaws, or house rules, or involving section 514A-82(b)(1) to (13), 514A-82.1, 514A-82.15, 514A-82.3, 514A-82.5, 514A-82.6, 514A-83, 514A-83.1, 514A-83.2, 514A-83.3, 514A-83.4, 514A-83.5, 514A-84, or 514A-84.5, the other party in the dispute shall be required to participate in mediation. Unless otherwise agreed by the parties at the end of the mediation process, each party shall be wholly responsible for its own individual costs of participating in mediation. Joint costs of mediation shall be shared equally. If an owner or the board refuses to participate in the mediation of a particular dispute, a court may take this refusal into consideration when awarding expenses, costs, and attorney's fees in accordance with section 514A-94."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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