HI HB649

Allows unit owners in planned community associations and condominium associations to withhold payment of legal fees from assessments claimed by associations pending decision in mediation, arbitration, or court proceedings.

Unit owners may withhold legal fees only when they have filed for a determination to resolve a dispute about the amount or validity of the assessment, including the reasonableness of attorney's fees and costs.

Requires associations to provide unit owners with written statements itemizing regular and special assessments, penalties, late fees, lien filing fees, attorneys' fees and costs, and notification that legal fees may be withheld under this provision.

Unit owners must keep all other association assessments current during disputes and may be subject to suspension or dismissal of proceedings if they fail to maintain current assessments, though they have 30 days to cure delinquencies.

Takes effect July 1, 2112 and does not affect rights, duties, penalties, or proceedings that matured or began before the effective date.