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Bill > HB1209


HI HB1209

HI HB1209
Relating To Condominium Associations.


summary

Introduced
01/23/2025
In Committee
01/27/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

Requires that the fees for attorneys retained by a condominium association be paid from an association's funds or reserves, except for collection of delinquent common dues payments from owners. Limits the total and final legal fees to twenty-five per cent of the original debt amount. Requires attorneys retained by a condominium association to confine their communications to the condominium board, except when the attorneys must request and require materials and responses directly from owners for each matter. Prohibits attorneys retained by a condominium association from billing unit owners directly. Specifies the contents of an attorney's billing statement. Requires that a notice of default and intention to foreclose served on a unit owner affords the unit owner the opportunity to respond within thirty days after service of the notice.

AI Summary

This bill addresses legal fees and practices for condominium associations in Hawaii by establishing several key provisions. The legislation requires that attorneys' fees for condominium associations be paid from the association's funds or reserves, with exceptions for collecting delinquent common dues payments. The bill limits legal fees to twenty-five percent of the original debt amount and mandates that attorneys primarily communicate only with the condominium board, except when directly requesting information from unit owners. Attorneys are prohibited from billing unit owners directly and must provide detailed billing statements that include specific information such as hourly rates, task descriptions, hours spent on each task, and total amounts. The bill also requires that when an association intends to foreclose on a unit, they must provide a notice of default that gives the unit owner thirty days to respond. The underlying purpose of these provisions is to protect unit owners from excessive legal fees, ensure transparency in legal billing, and establish clear guidelines for how condominium associations handle legal matters. By regulating attorney communications and fee structures, the bill aims to create more equitable and fair legal practices within condominium associations.

Committee Categories

Business and Industry

Sponsors (4)

Last Action

Carried over to 2026 Regular Session. (on 12/08/2025)

bill text


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