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HI HB2485

Bill

Status

Introduced

1/23/2014

Primary Sponsor

Angus McKelvey

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Amends Hawaii Revised Statutes Section 667-92(f)(1) to clarify that homeowners associations can serve defunct or missing lenders by publication in nonjudicial foreclosure proceedings, not just missing unit owners.

  • Allows associations to petition the circuit court for permission to proceed with nonjudicial foreclosure by serving the unit owner or other parties listed in subsection (e)(2) and (5) by publication and posting when unable to serve within 60 days.

  • Resolves judicial interpretation conflicts where some judges limited service by publication to only missing owners, forcing associations to pursue more expensive and time-consuming judicial foreclosures.

  • Maintains existing alternative remedies for associations unable to serve parties, including proceeding without court permission (with restrictions on deficiency judgments and one-year redemption rights) or taking control of unoccupied units to collect rental income toward delinquency.

  • Takes effect upon approval.

Legislative Description

Homeowners Association; Nonjudicial Foreclosure; Publication; Alternate Remedies for Failure to Serve

Last Action

Passed Second Reading and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Awana, Cachola, Carroll, Takumi excused (4).

2/13/2014

Committee Referrals

Judiciary2/13/2014
Consumer Protection & Commerce1/27/2014

Full Bill Text

No bill text available