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HI SB2482
Bill
Status
2/28/2014
Primary Sponsor
Rosalyn Baker
Click for details
AI Summary
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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.
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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.
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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.
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Addresses judicial interpretation problems where some judges had restricted service by publication to only missing owners, not missing lenders, under the previous statutory language.
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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