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HI HB35
Bill
Status
1/19/2017
Primary Sponsor
Scott Nishimoto
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AI Summary
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Clarifies that a unit owner must complete a payment plan agreed upon with an association to cure a nonjudicial foreclosure; simply agreeing to the payment plan is insufficient.
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Specifies that fines imposed on a unit owner while a payment plan is in effect shall not constitute a default under the payment plan, and fines cannot be deducted from payment plan payments.
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Restricts the "pay first, dispute later" rule to common expense assessments only; allows unit owners to demand mediation for disputes over penalties, fines, late fees, lien filing fees, and other charges (except common expenses) before paying them.
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Requires associations to provide written statements detailing common expenses and other charges, and establishes a 30-day window for unit owners to request mediation on contested non-common expense charges, with mediation to be completed within 60 days.
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Repeals provisions allowing associations to deduct unpaid late fees, legal fees, fines, and interest from future common expense payments; prohibits nonjudicial foreclosure on liens arising solely from fines, penalties, legal fees, or late fees.
Legislative Description
Relating To Condominiums.
Condominiums
Last Action
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Gates, Ing excused (2).
2/10/2017