HB 76 Summary

• Allows condominium associations and planned community associations to conduct nonjudicial foreclosures without requiring specific power of sale language in their governing documents or agreements with owners.

• Clarifies that the definition of "power of sale" includes association liens under Part VI of Chapter 667 (foreclosure law), regardless of whether association documents contain power of sale provisions.

• Maintains existing restrictions prohibiting nonjudicial foreclosure to collect fines, penalties, legal fees, or late fees; such liens must be foreclosed through court proceedings.

• Amends Hawaii Revised Statutes sections 421J-10.5 and 514B-146 to codify that associations may foreclose liens by nonjudicial or power of sale procedures set forth in Chapter 667.

• Effective July 1, 2050, with amendments to section 514B-146(a) preserved when that section is reenacted on June 30, 2020.