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HI SB92

Bill

Status

Introduced

1/21/2011

Primary Sponsor

William Espero

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Origin

Senate

2011 Regular Session

AI Summary

  • Requires mandatory mediation for disputes between condominium owners and associations involving interpretation or enforcement of declarations, bylaws, house rules, or Part VI of Chapter 514B.

  • Exempts from mandatory mediation: assessment collection matters, actions seeking equitable relief for property damage or safety threats, personal injury claims, and actions over $2,500 where mediation would prejudice insurance coverage.

  • Establishes mediation procedures requiring parties to agree to mediate within 30 days of written demand and to meet with a mediator within 60 days, with failure to comply subject to consideration in attorney's fees awards.

  • Each party bears its own mediation costs unless parties agree otherwise in writing, and mediation must occur in the county where the condominium is located.

  • Allows disputes unresolved by mediation to proceed to arbitration or administrative hearing through the office of administrative hearings, with judicial review available under existing law.

Legislative Description

Condominium Association; Dispute Resolution

Last Action

(S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.

2/14/2011

Committee Referrals

Ways and Means2/14/2011
Commerce and Consumer Protection1/21/2011

Full Bill Text

No bill text available