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HI SB2482

Bill

Status

Engrossed

2/28/2014

Primary Sponsor

Rosalyn Baker

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Clarifies that homeowners associations can serve notice through publication on both unit owners and other parties (lenders) listed in Hawaii Revised Statutes section 667-92(e)(2) to (5) when conducting nonjudicial foreclosures after failing to serve within 60 days.

  • Removes the word "only" from section 667-92(f)(1) to allow associations to serve defunct or missing lenders by publication in addition to missing unit owners, preventing forced switches to more expensive judicial foreclosures.

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

  • Addresses judicial interpretation problems where some judges had restricted service by publication to only missing owners, not missing lenders, under the previous statutory language.

  • Takes effect upon approval.

Legislative Description

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

Last Action

The committee(s) on JUD recommend(s) that the measure be deferred.

3/21/2014

Committee Referrals

Judiciary3/19/2014
Consumer Protection & Commerce3/6/2014
Judiciary and Labor2/6/2014
Commerce and Consumer Protection1/21/2014

Full Bill Text

No bill text available