Bill > SB146

This bill aims to improve alternative dispute resolution methods for condominium-related disputes in Hawaii by establishing a more structured approach to mediation and arbitration. The bill introduces mandatory evaluative mediation for certain types of disputes between unit owners, boards, and managing agents, with specific guidelines for when mediation is required and when it can be bypassed. It creates a new process where parties can request mediation through the condominium education trust fund, with provisions for mediator qualifications, disclosure requirements, and fee structures. The bill also adds new provisions about attorneys' fees and fines, clarifying when and how these can be imposed by condominium associations. Specifically, it establishes that in legal proceedings related to assessments, collection, or enforcement of condominium rules, the prevailing party shall be awarded reasonable attorneys' fees and costs. The bill further defines what constitutes a "condominium-related dispute" and sets clear parameters for how such disputes can be resolved, with an emphasis on providing a fair and accessible mechanism for addressing conflicts within condominium communities. The changes are set to take effect on July 1, 2050, giving associations and stakeholders ample time to prepare for the new dispute resolution framework.

Business and Industry, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=146&year=2025