HI SB121

Expands the condominium education trust fund to support voluntary binding arbitration between parties in condominium disputes, with each party paying $175 to the arbitrator and the fund providing no more than $3,000 total per case.

Makes mediation mandatory when a unit owner or board disputes the interpretation or enforcement of the association's declaration, bylaws, house rules, or chapter 514B, unless the parties have already mediated the same dispute or an action has already commenced.

Excludes from mandatory mediation disputes involving threatened property damage, health or safety concerns, assessments, personal injury claims, and matters affecting insurance coverage availability.

Allows courts to compel mediation if parties do not agree on a mediator and mediation date within 45 days of a written request, with the prevailing party in such court proceedings awarded attorneys' fees up to $1,500.

Establishes that mediation funded by the education trust fund includes a $150 fee per party to the mediator, with the fund providing no more than $6,000 total, and allows courts or arbitrators to stay proceedings and refer disputes to mediation for up to 90 days.