Bill > SB146

This bill revises Hawaii's condominium laws to promote and standardize alternative dispute resolution methods, particularly for conflicts between unit owners, boards, and managing agents. The bill introduces mandatory evaluative mediation for certain types of condominium-related disputes, where a mediator provides an assessment of each party's strengths and weaknesses, and potentially recommends outcomes. Mediation is required for disputes involving interpretation or enforcement of condominium declarations, bylaws, or house rules, with some exceptions like threats of property damage or personal injury claims. The bill establishes that the condominium education trust fund can support both evaluative mediation and binding arbitration, with specific fee structures and qualifications for mediators and arbitrators. Additionally, the bill clarifies procedures for attorneys' fees, fines, and assessment collections, ensuring that unit owners have clear appeal processes and that associations have structured methods for resolving conflicts. The bill also introduces provisions for when fines become collectible and how attorneys' fees can be awarded in various scenarios, ultimately aiming to provide more efficient and less adversarial methods of resolving condominium-related disputes. The legislation is set to take effect on July 1, 2050.

Business and Industry, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=146&year=2026