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HI HB997
Bill
Status
1/24/2013
Primary Sponsor
Angus McKelvey
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AI Summary
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Amends condominium dispute resolution procedures in Hawaii Revised Statutes sections 514A-121.5 and 514B-161 to establish a formal hearing process through the office of administrative hearings.
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Requires mediation as a prerequisite for condominium disputes involving declarations, bylaws, house rules, and specified statutory provisions before parties may pursue hearings or arbitration.
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Allows parties to file a request for hearing with the office of administrative hearings within 30 days after mediation terminates, with a $25 filing fee per party and limit of 30 requests per fiscal year.
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Grants hearings officers authority to issue subpoenas, administer oaths, hear testimony, make factual findings, and issue final written decisions subject to circuit court appeal under section 91-14.
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Establishes that hearings must commence within 60 days of request, each party bears own costs unless ordered otherwise, and proof standard is preponderance of the evidence with burden on the initiating party.
Legislative Description
Condominiums; Condominium Dispute Resolution; Office of Administrative Hearings
Last Action
The committee(s) on CPC recommend(s) that the measure be deferred.
2/13/2013