RELATING TO CONDOMINIUMS.

SB2838

THE SENATE

S.B. NO.

2838

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to condominiums
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that a significant
portion of the State's housing stock are units in association‑governed
condominiums.
�
The number of individuals
living in units governed by condominium associations has risen steadily for
over sixty years and is expected to increase because it is one of the more
affordable means of home ownership.
�

����
The
legislature also finds that reports published by the department of commerce and
consumer affairs in the Hawaii Condominium Bulletin regarding mediation cases
subsidized by the condominium education trust fund show that most of the
disputes were related to interpretation of an association's governing
documents.
�
Reports in the Hawaii
Condominium Bulletin also show that one of the more frequent statutory
violations by managing agents is the failure to comply with section
514B-154.5(c), Hawaii Revised Statutes, which requires certain association
documents to be submitted to owners within thirty days of an owner's written
request.
�

����
The
legislature further finds that the real estate commission's annual reports
reiterate the commission's long-range goal of providing associations with a
central depository for all governing documents on its website.

����
The
legislature further finds that the "Five States� Approaches to Aspects of
Condominium Law" study, as required by Act 43, Session Laws of Hawaii
2024, and completed by the legislative reference bureau in November 2025, found
that there was near-universal support for use of online portals to provide
access to association documents.

����
The
legislature further finds that it is in the best interests of residents of the
State to require condominium associations to file timely registrations with the
State containing certain information and documents, to be published by the
State in a publicly accessible online database.
�

The database would facilitate transparency, as well as resident
awareness and access to important information and documents regarding community
associations that are necessary for association governance.
�
The database would also alleviate the
workload of the real estate commission, lower the burden of condominium
disputes on mediation agencies and the courts, and reduce costs for condominium
associations and unit owners.

����
Accordingly,
the purpose of this Act is to:

����
(1)
�
R
equire the department of commerce and
consumer affairs to establish a publicly accessible online portal to include
certain condominium association information and documents;

����
(2)
�
Impose an additional condominium
education trust fund fee for biennial condominium registrations to fund the
establishment of the online portal for condominium association information and
documents;

����
(3)
�
Require certain association information
and documents to be provided to the real estate commission for publication on
the online portal for condominium association information and documents;

����
(4)
�
Require
condominium associations to maintain records of the information and documents provided
to the real estate commission for publication on the online portal and to make
those records available to a unit owner upon request;

����
(5)
�
Authorize
unit owners to recover reasonable attorneys' fees and costs if they prevail in
enforcement actions against a condominium association that fails to make
documents available upon request within a specified timeframe;

����
(6)
�
Enable
a managing agent to dispose of certain association records after a specified
timeframe; and

����
(7)
�
Substitute certain requirements for
written affidavits with requirements for written certifications in relation to
access to certain association documents.

����
SECTION

2
.
�
Section
514B-52, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:

����
"(a)
�
An application for registration of a project
shall:

����
(1)
�
Be accompanied by nonrefundable fees as
provided in rules adopted by the director of commerce and consumer affairs
pursuant to chapter 91; and

����
(2)
�
Contain the documents and information
concerning the project and the condominium property regime as required by
sections 514B-54, 514B-83, [
and
] 514B-84,
514B-103, 514B-153,
514B-154, and 514B-154.5,
as applicable, and as otherwise may be specified
by the commission."

����
SECTION

3
.
�
Section
514B-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:

����
"(a)
�
Each
project or association with more than five units shall pay to the department of
commerce and consumer affairs:

����
(1)
�
A
condominium education trust fund fee within one year after the recordation of
the purchase of the first unit or within thirty days of the association's first
meeting, and thereafter, on or before June 30 of every odd-numbered year, as
prescribed by rules adopted pursuant to chapter 91; [
and
]

����
(2)
�
Beginning
with the July 1, 2015, biennium registration, an additional annual condominium
education trust fund fee in an amount equal to the product of $1.50 times the
number of condominium units included in the registered project or association
to be dedicated to supporting mediation or voluntary binding arbitration of
condominium related disputes.
�
The
additional condominium education trust fund fee shall total $3 per unit until
the commission adopts rules pursuant to chapter 91[
.
]
; and

����
(3)
�
Beginning
with the July 1, 2027 biennium registration, an additional annual condominium
education trust fund fee in an amount equal to the product of $1.00 times the
number of condominium units included in the registered project or association
to be dedicated to establishment of the online portal for condominium
association information and documents.
�
The
additional condominium education trust fund fee shall total $2.00 per unit
until the commission adopts rules pursuant to chapter 91.

����
On
June 30 of every odd-numbered year, any unexpended additional amounts paid into
the condominium education trust fund and initially dedicated to supporting
mediation or voluntary binding arbitration of condominium related disputes, as
required by this paragraph, shall be used for educational purposes as provided
in section 514B-71(a)(1), (2), and (3)."

����
SECTION

4
.
�
Section
514B-103, Hawaii Revised Statutes, is amended by amending subsection (a) to
read as follows:

����
"
(a)
�
Each project or association having more than
five units shall:

����
(1)
�
Secure and maintain a fidelity bond in an
amount for the coverage and terms as required by section 514B‑143(a)(3).
�
An association shall act promptly and
diligently to recover from the fidelity bond required by this section.
�
An association that is unable to obtain a
fidelity bond may seek approval for an exemption, a deductible, or a bond
alternative from the commission.
�
Current
evidence of a fidelity bond includes a certification statement from an
insurance company registered with the department of commerce and consumer
affairs certifying that the bond is in effect and meets the requirement of this
section and the rules adopted by the commission;

����
(2)
�
Register with the commission through approval
of a completed registration application, payment of fees, and submission of any
other additional information set forth by the commission.
�
The registration shall be for a biennial
period with termination on June 30 of each odd-numbered year.
�
The commission shall prescribe a deadline
date prior to the termination date for the submission of a completed
reregistration application, payment of fees, and any other additional
information set forth by the commission.
�

Any project or association that has not met the submission requirements
by the deadline date shall be considered a new applicant for registration and
be subject to initial registration requirements.
�
Any new project or association shall register
within thirty days of the association's first meeting.
�
If the association has not held its first
meeting and it is at least one year after the recordation of the purchase of
the first unit in the project, the developer or developer's affiliate or the
managing agent shall register on behalf of the association and shall comply
with this section, except for the fidelity bond requirement for associations
required by section [
[
]
514B-1
43(a)(3)[
]
].
�
The public information required to be
submitted on any completed application form shall include but not be limited to
[
evidence of and information on fidelity bond coverage, names and positions
of the officers of the association, the name of the association's managing
agent, if any, the street and the postal address of the condominium, and the
name and current mailing address of a designated officer of the association
where the officer can be contacted directly;
]
:

���������
(A)
�
Evidence of and information on
fidelity bond coverage;

���������
(B)
�
Names and positions of the officers
of the association;

���������
(C)
�
The name and contact information of
the association's managing agent, if any;

���������
(D)
�
The name and contact information of
an emergency contact for the association that is not the managing agent;

���������
(E)
�
The street and postal address of the
project;

���������
(F)
�
An accurate copy of:

��������������
(i)
�
The articles of incorporation, if
any, declaration, bylaws, and amendments thereto;

�������������
(ii)
�
The regulations, resolutions, and
house rules, if any;

������������
(iii)
�
Master lease, if any;

�������������
(iv)
�
A sample original conveyance
document;

��������������
(v)
�
All public reports and any
amendments thereto;

�������������
(vi)
�
All contracts, leases, or other
agreements entered into by the board to which the association is a party or
under which the association or unit owners have obligations or liabilities;

������������
(vii)
�
Minutes of all meetings of the
association, pursuant to sections 514B-122 and 514B-126 for the immediately
preceding twelve months;

�����������
(viii)
�
All policies of insurance of the
association, including current policies and policies for the immediately
preceding ten years;

�������������
(ix)
�
The most recent reserve study;

��������������
(x)
�
A list of the association's planned
capital expenditures, if any, from the date of registration through June 30 of
the following year;

�������������
(xi)
�
The association's most recent
audited financial statement;

������������
(xii)
�
The association's most recently
adopted budget with any monthly or recurring association fees and any
applicable current or approved special assessments specifically outlined; and

�����������
(xiii)
�
All reports issued within the
preceding ten years on the structural status of each property owned, operated,
or governed by the project or association; and

���������
(G)
�
A description of the location of all
building permits for work in the common elements of the project or association,
which shall be posted during construction;

����
(3)
�
Pay a nonrefundable application fee and, upon
approval, an initial registration fee, a reregistration fee upon reregistration
and the condominium education trust fund fee, as provided in rules adopted by
the director of commerce and consumer affairs pursuant to chapter 91;

����
(4)
�
Register or reregister and pay the required
fees by the due date.
�
Failure to
register or reregister or pay the required fees by the due date shall result in
the assessment of a penalty equal to the amount of the registration or
reregistration fee; and

����
(5)
�
Report promptly in writing to the commission
any changes to the information contained on the registration or reregistration
application or any other documents required by the commission.
�
Failure to do so may result in termination of
registration and subject the project or the association to initial registration
requirements.
"

����
SECTION

5
.
�
Section
514B-153, Hawaii Revised Statutes, is amended to read as follows:

����
"
�514B-153
�

Association records; records to be maintained.
�
(a)
�
An
accurate copy of [
the declaration, bylaws, house rules, if any, master
lease, if any, a sample original conveyance document, all public reports and
any amendments thereto,
]
all documents listed in section
514B-103(a)(2)(F)
shall be kept at the managing agent's office[
.
]
,
a convenient location at the project, or a location designated by the board;
provided that the minutes shall be for all meetings of the association and its
board and not limited to the meetings in the immediately preceding twelve
months.

����
(b)
�
The managing agent or board shall keep
detailed, accurate records in chronological order, of the receipts and
expenditures affecting the common elements, specifying and itemizing the
maintenance and repair expenses of the common elements and any other expenses
incurred.
�
The managing agent or board
shall also keep monthly statements indicating the total current delinquent
dollar amount of any unpaid assessments for common expenses.

����
(c)
�
Subject to section 514B‑152, all
records and the vouchers
authorizing
the payments and statements shall be kept and
maintained at the address of the project, or elsewhere within the State as
determined by the board.

����
(d)

�
The developer or affiliate of the developer,
board, and managing agent shall ensure that there is a written contract for
managing the operation of the property, expressing the agreements of all
parties, including but not limited to financial and accounting obligations,
services provided, and any compensation arrangements, including any subsequent
amendments.
�
Copies of the executed
contract and any amendments shall be provided to all parties to the contract.

����
(e)
�

The department of commerce and consumer affairs shall maintain a
searchable database containing the registration information and attached
documents of each association registered with the commission pursuant to
section 514B-52.
�
The database shall be
publicly accessible on the department of commerce and consumer affairs'
website.

����
[
(e)
]
(f)

�
The
managing
agent, resident manager, or board shall keep an
accurate and current list of members of the association and their current
addresses, and the names and addresses of the vendees under an agreement of
sale, if any.
�
The list shall be
maintained at a place designated by the board, and a copy shall be available,
at cost, to any member of the association as provided in the declaration or
bylaws or rules and regulations or, in any case, to any member who furnishes to
the managing agent or resident manager or the board a [
duly executed and
acknowledged affidavit
]
written certification
stating that the list:

����
(1)
�
Will be used by the owner personally and only
for the purpose of soliciting votes or proxies or providing information to
other owners with respect to association matters; and

����
(2)
�
Shall not be used by the owner or furnished to
anyone else for any other purpose.

����
A board may
prohibit commercial solicitations.

����
Where
the condominium project or any units within the project are subject to a time
share plan under chapter 514E, the association shall only be required to
maintain in its records the name and address of the time share association as
the representative agent for the individual time share owners unless the
association receives a request by a time share owner to maintain in its records
the name and address of the time share owner.

����
[
(f)
]
(g)
�
The managing agent or resident manager shall
not use or distribute any membership list, including for commercial or
political purposes, without the prior written consent of the board.

����
[
(g)
]
(h)
�
All membership lists are the property of the
association and any membership lists contained in the managing agent's or
resident manager's records are subject to subsections [
(e)
]
(f)

and [
(f),
]
(g),
and this subsection.
�
A managing agent, resident manager, or board
may not use the information contained in the lists to create any separate list
for the purpose of evading this section.

����
[
(h)
]
(i)
�
Subsections [
(f)
]
(g)
and [
(g)
]

(h)
shall not apply to any time share plan regulated under chapter 514E.
"

����
SECTION

6
.
�
Section
514B-154, Hawaii Revised Statutes, is amended as follows:

����
1.
�

By amending subsections (a) through (f) to read:

����
"
(a)
�
[
The
association's most current financial statement shall be provided to any
interested unit owner at no cost or on
twenty-four-hour loan
, at a convenient location designated by the
board.
�
The meeting minutes of the
board of directors, once approved, for the current and prior year shall either:
]

Any unit owner shall have the right to inspect, examine, and make copies of
the records required to be maintained by section 514B-153, in person or by
authorized agent, at any reasonable time, at the association's principal office
or with the board or managing agent.
�
To
exercise this right, a unit owner shall submit a written request to the board
or managing agent, stating the records sought to be inspected, examined, or
copied.
�
Failure of a board or managing
agent to make available all records requested within ten business days of
receipt of the owner's written request shall be deemed a denial.
�
Any unit owner who prevails in an enforcement
action to compel inspection, examination, or copying of the records required to
be maintained by section 514B-153 shall be entitled to recover reasonable
attorneys' fees and costs from the association.
�

These documents shall:

����
(1)
�
Be available for examination by
apartment owners at no cost or on twenty-four-hour loan at a convenient
location at the project, to be determined by the board of directors; [
or
]

����
(2)
�
Be transmitted to any apartment owner
or
the owner's authorized representative
making a request [
for the minutes
],
by the board of directors, the managing agent, or the association's representative[
,
within fifteen days of receipt of the request
]; provided that the [
minutes
]

documents
shall be transmitted by mail, electronic mail transmission, or
facsimile, by the means indicated by the owner, if the owner indicated a
preference at the time of the request; [
and
] provided further that the
owner shall pay a reasonable fee for administrative costs associated with
handling the request[
.
]
; or

����
(3)
�
Be available on the department of
commerce and consumer affairs' online portal for registered condominium
associations.

Costs incurred by apartment owners pursuant to
this subsection shall be subject to section 514B‑105(d).

����
(b)
�
Financial statements, general ledgers, the
accounts receivable ledger, accounts payable ledgers, check ledgers, insurance
policies, contracts, and invoices of the association for the duration those
records are kept by the association and delinquencies of ninety days or more
shall be available for examination by unit owners at convenient hours at a
place designated by the board; provided that:

����
(1)
�
The board may require owners to furnish to the

association
a [
duly executed and acknowledged affidavit
]

written certification
stating that the information is requested in good
faith [
for the protection of the interests of the association, its members,
or both;
]
and will not be used by the unit owner for any commercial
purpose or any purpose that does not relate to the association;
and

����
(2)
�
Owners shall pay for
reasonable
administrative
costs in excess of [
eight
]
twenty
hours per year.

����
Copies of
these items shall be provided to any owner upon the owner's request; provided
that the owner pays a reasonable fee for duplication, postage, stationery, and
other administrative costs associated with handling the request.

����
(c)
�
After any association meeting, and not
earlier, unit owners shall be permitted to examine proxies, tally sheets,
ballots, owners' check-in lists, and the certificate of election; provided
that:

����
(1)
�
Owners shall make a request to examine the
documents within thirty days after the association meeting;

����
(2)
�
The board may require owners to furnish to the
association a [
duly executed and acknowledged affidavit
]
written certification

stating that the information is requested in good faith for the protection of
the interest of the association or its members or both; and

����
(3)
�
Owners shall pay for administrative costs in
excess of [
eight
]
twenty
hours per year.

����
The documents
may be destroyed ninety days after the association meeting; provided that in
the event of a contested election, the documents shall be retained until the
contested election is resolved.
�
Copies
of tally sheets, owners' check-in lists, and the certificates of election from
the most recent association meeting shall be provided to any owner upon the
owner's request; provided that the owner pays a reasonable fee for duplicating,
postage, stationery, and other administrative costs associated with handling
the request.

����
(d)
�
The managing agent shall provide copies of
association records maintained pursuant to this section and sections
514B‑103,

514B‑152
,
and 514B‑153 to owners, prospective purchasers and
their prospective agents during normal business hours, upon payment to the
managing agent of a reasonable charge to defray any administrative or
duplicating costs.
�
If the project is not
managed by a managing agent, the foregoing requirements shall be undertaken by
a person or entity, if any, employed by the association, to whom this function
is delegated.

����
(e)
�
[
Prior
to the organization of the
association, any
]
Any
unit owner shall be entitled to inspect as
well as receive a copy of the management contract from the entity that manages
the operation of the property.

����
(f)
�
Owners may file a written request with the
board to examine other documents.
�
The
board shall give written authorization or written refusal with an explanation
of the refusal within [
thirty calendar
]
ten business
days of
receipt of the request."

����
2.
�

By amending subsection (h) to read:

����
"
(h)
�
A managing agent retained by
one or more associations may dispose of the records of any association [
which
]

that
are more than [
five
]
ten
years old, except for tax
records, which [
shall
]
may
be [
kept for
]
disposed of after
seven years, without
liability if the managing agent first provides the board of the association
affected with written notice of the managing agent's intent to dispose of the
records if not retrieved by the board within sixty days, which notice shall include
an itemized list of the records proposed to be disposed."

����
3.
�
By amending subsection (j) to read:

����
"(j)
�
Any fee charged to a member to obtain
printed

copies of association records under this section shall be reasonable; provided
that a reasonable fee shall include administrative and duplicating costs and
shall not exceed $1 per
printed
page, or portion thereof, except the fee
for pages exceeding eight and one-half inches by fourteen inches may exceed $1
per
printed
page.
"

����
SECTION
7
.
�
Section 514B-154.2, Hawaii Revised Statutes,
is amended by amending subsection (b) to read as follows:

����
"(b)
�
For the purposes of this section,
"governing documents" means the declaration; bylaws; covenants,
conditions, and restrictions; [
and
] house rules[
.
]
; and any amendments
thereto.
"

����
SECTION

8
.
�
Section
514B-154.5, Hawaii Revised Statutes, is amended to read as follows:

����
"
�514B-154.5
�
Association
documents to be provided.
�
(a)
�
Notwithstanding any other provision in the
declaration, bylaws, or house rules, if any, the following documents, records,
and information, whether maintained, kept, or required to be provided pursuant
to this section or section
514B-103,
514B-152, 514B-153, or 514B-154,
shall be made available to any unit owner and the owner's authorized agents by
the managing agent, resident manager, board through a board member, or the
association's representative:

����
(1)
�
All financial and other records
sufficiently detailed in order to comply with requests for information and
disclosures related to the resale of units;

����
(2)
�
[
An accurate copy of the
declaration, bylaws, house rules, if any, master lease, if any, a sample
original conveyance document, and all public reports and any amendments
thereto;
]
All records required to be maintained pursuant to section
514B-153(a);

����
(3)
�
Detailed, accurate records in
chronological order of the receipts and expenditures affecting the common
elements, specifying and itemizing the maintenance and repair expenses of the
common elements and any other expenses incurred and monthly statements
indicating the total current delinquent dollar amount of any unpaid assessments
for common expenses;

����
(4)
�
All records and the vouchers
authorizing the payments and statements kept and maintained at the address of
the project, or elsewhere within the State as determined by the board, subject
to section 514B-152;

����
(5)
�
All signed and executed agreements for
managing the operation of the property, expressing the agreement of all
parties, including but not limited to financial and accounting obligations,
services provided, and any compensation arrangements, including any subsequent
amendments;

����
(6)
�
An accurate and current list of members
of the condominium association and the members' current addresses and the names
and addresses of the vendees under an agreement of sale, if any.
�
A copy of the list shall be available, at
cost, to any unit owner or owner's authorized agent who furnishes to the
managing agent, resident manager, or the board a [
duly executed and
acknowledged affidavit
]
written certification
stating that the list:

���������
(A)
�
Shall be used by the unit owner or
owner's authorized agent personally and only for the purpose of soliciting
votes or proxies or for providing information to other unit owners with respect
to association matters; and

���������
(B)
�
Shall not be used by the unit owner or
owner's authorized agent or furnished to anyone else for any other purpose;

����
(7)
�
The association's most current
financial statement, at no cost or on twenty-four-hour loan, at a convenient
location designated by the board;

���
[
(8)
�
Meeting minutes of the association,
pursuant to section 514B-122;

����
(9)
�
Meeting minutes of the board,
pursuant to section 514B-126, which shall be:

���������
(A)
�
Available for examination by unit
owners or owners' authorized agents at no cost or on twenty-four-hour loan at a
convenient location at the project, to be determined by the board; or

���������
(B)
�
Transmitted to any unit owner or
owner's authorized agent making a request for the minutes within fifteen days
of receipt of the request by the owner or owner's authorized agent; provided
that:

��������������
(i)
�
The minutes shall be transmitted by
mail, electronic mail transmission, or facsimile, by the means indicated by the
owner or owner's authorized agent, if the owner or owner's authorized agent
indicated a preference at the time of the request; and

�������������
(ii)
�
The owner or owner's authorized
agent shall pay a reasonable fee for administrative costs associated with
handling the request, subject to section 514B-105(d);

���
(10)
]

(8)
�
Financial statements, general ledgers,
the accounts receivable ledger, accounts payable ledgers, check ledgers, insurance
policies, contracts, and invoices of the association for the duration those
records are kept by the association, and any documents regarding delinquencies
of ninety days or more shall be available for examination by unit owners or
owners' authorized agents at convenient hours at a place designated by the
board; provided that:

���������
(A)
�
The board may require unit owners or
owners' authorized agents to furnish to the association a [
duly executed and
acknowledged affidavit
]
written certification
stating that the
information is requested in good faith for the protection of the interests of
the association, its members, or both; and

���������
(B)
�
Unit owners or owners' authorized
agents shall pay for administrative costs in excess of [
eight
]
twenty

hours per year;

��
[
(11)
]

(9)
�
Proxies, tally sheets, ballots, unit
owners' check-in lists, and the certificate of election subject to section
514B-154(c);

��
[
(12)
]

(10)
�
Copies of an association's documents,
records, and information, whether maintained, kept, or required to be provided
pursuant to this section or section
514B-103,
514B‑152, 514B-153,
or 514B-154;

��
[
(13)
]

(11)
�
A copy of the management contract from
the entity that manages the operation of the property before the organization
of an association;

��
[
(14)
]

(12)
�
Other documents requested by a unit
owner or owner's authorized agent in writing; provided that the board shall
give written authorization or written refusal with an explanation of the
refusal within [
thirty calendar
]
ten business
days of receipt of
a request for documents pursuant to this paragraph; and

��
[
(15)
]

(13)
�
A copy of any contract, written job
description, and compensation between the association and any person or entity
retained by the association to manage the operation of the property on-site,
including but not limited to the general manager, operations manager, resident
manager, or site manager; provided that personal information may be redacted
from the contract copy, including but not limited to the manager's date of
birth, age, signature, social security number, residence address, telephone
number, non-business electronic mail address, driver's license number, Hawaii
identification card number, bank account number, credit or debit card number,
access code or password that would permit access to the manager's financial
accounts, or any other information that may be withheld under state or federal
law.

����
(b)
�
Subject to section 514B-105(d), and except as
provided under section 514B-154.2,
physical
copies of the items in
subsection (a) shall be provided to any unit owner or owner's authorized agent
upon the owner's or owner's authorized agent's request; provided that the owner
or owner's authorized agent pays a reasonable fee for duplication, postage, and
stationery.

����
(c)
�
Notwithstanding any provision in the
declaration, bylaws, or house rules providing for another period of time, all
documents, records, and information listed under subsection (a), whether
maintained, kept, or required to be provided pursuant to this section or
section
514B-103,
514B-152, 514B-153, or 514B‑154, shall be
provided no later than [
thirty
]
ten business
days after receipt
of a unit owner's or owner's authorized agent's written request, unless a
lesser time is provided pursuant to this section or section 514B-152, 514B-153,
or 514B‑154, and except as provided in subsection (a)(14).

����
(d)
�
Except as provided under section [
[
]514B-154.2[
]
],
any documents, records, and information, whether maintained, kept, or required
to be provided pursuant to this section or section
514B-103,
514B-152,
514B-153, or 514B-154, may be made available electronically to the unit owner
or owner's authorized agent if the owner or owner's authorized agent [
requests
such
]
makes a request
in writing.

����
(e)
�
An association may comply with this section
or section
514B-103,
514B-152, 514B-153, or 514B-154 by making the
required documents, records, and information available to unit owners or
owners' authorized agents for download through an internet site,
including
the department of commerce and consumer affairs' online portal for registered
condominium associations,
at the option of each unit owner or owner's
authorized agent and at no cost to the unit owner or owner's authorized agent.

����
(f)
�
Any fee charged to a unit owner or owner's
authorized agent to obtain
physical
copies of the association's
documents, records, and information, whether maintained, kept, or required to
be provided pursuant to this section or section
514B-103,
514B-152,
514B-153, or 514B-154, shall be reasonable; provided that a reasonable fee
shall include administrative and duplicating costs and shall not exceed $1 per
printed

page, or portion thereof, except that the fee for
printed
pages
exceeding eight and one-half inches by fourteen inches may exceed $1 per
printed

page.

����
(g)
�
This section shall apply to all condominiums
organized under this chapter or any predecessor thereto.

����
(h)
�

If the board fails to provide records properly requested under this
section, the owner may seek appropriate relief and shall be entitled to an
award of reasonable attorneys' fees and costs if the unit owner prevails.

����
[
(h)
]

(i)
�
Nothing in this section shall
be construed to create any new requirements for the release of documents,
records, or information."

����
SECTION 9.
�

This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

����
SECTION 10.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

����
SECTION 11.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DCCA; Real
Estate Commission; Condominiums; Associations; Managing Agents; Documents; Records;
Online Portal; Condominium Education Trust Fund Fee; Attorneys' Fees

Description:

R
equires
the Department of Commerce and Consumer Affairs to establish a publicly
accessible online portal for condominium association information and documents
submitted to the Real Estate Commission with registrations, to be funded by an
additional
Condominium
Education Trust Fund Fee
.
�

Requires a condominium association to provide information and documents for
publication on the online portal, maintain records, and make records available
to a unit owner within a specified timeframe upon request.
�
Authorizes unit owners to recover reasonable
attorneys' fees and costs if they prevail in proceedings related to a
condominium association's failure to make documents available upon request within
a specified timeframe.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.