Hawaii SB 573: RELATING TO CONDOMINIUMS.

Bill Text

THE SENATE
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII S.B. NO. 513
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _JAN 1 7 2025_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
A BILL FOR AN ACT
RELATING TO CONDOMINIUMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 514B, Hawaii Revised Statutes, is
amended by adding a new section to part VI to be appropriately
designated and to read as follows:
"§514B- Association; duty to repair. (a) The
association shall:
(1) Comply with all applicable building and housing laws
materially affecting health and safety;
(2) Keep the common elements in a clean and safe
condition; and
(3) Make all repairs and arrangements necessary to put and
keep the common elements in a habitable condition.
(b) The association, upon written notification by the
department of health or other state or county agencies that
there exists a condition in the common elements that constitutes
a health or safety violation, shall commence repairs of the
condition within seven calendar days of the notification with a
good faith reguirement that the repairs be completed as soon as
2025-0536 SB HMSO
lllll'lllllllllllllllllllllll

Page 2
S.B. NO. 573
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
possible; provided that if the association is unable to commence
the repairs within seven calendar days for reasons beyond the
association's control, the association shall inform the affected
unit owners of the reason for the delay and set a reasonable
tentative date on which repairs will commence.
(c) If the association fails to perform in the manner
specified in subsection (b), the affected unit owners may:
(1) Immediately do or have done the necessary repairs in a
competent manner and, upon submission to the
association of receipts amounting to at least the sum
deducted, deduct from the affected unit owners'
assessments for common expenses no more than
$or one month's assessments, whichever is
greater, for the affected unit owners' actual
expenditures for work done to correct the health or
safety violation; or
(2) Submit to the association, at least seven calendar
days before commencing repair work, written signed
estimates from each of two persons qualified to
perform the necessary repairs and proceed to have the
repairs completed by the person who provides the lower
2025-0536 SB HMSO
HIMM

Page 3
S.B. NO. 513
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
estimate; provided that the association may require in
writing a reasonable substitute repair person or
substitute materials and, upon submission to the
association of receipts amounting to at least the sum
deducted, the affected unit owners may deduct
$or one month's assessments, whichever is
greater, for the affected unit owners' actual
expenditures for work done to correct the health or
safety violation.
(d) The association, upon written notification by an
affected unit owner of any defective condition in the common
elements that affects the unit owner's unit and that is in
material noncompliance with subsection (a), shall commence
repairs of the condition within twelve business days of the
notification with a good faith requirement that the repairs be
completed as soon as possible; provided that if the association
is unable to commence repairs within twelve business days for
reasons beyond the association's control, the association shall
inform the affected unit owner of the reason for the delay and
set a reasonable tentative date on which repairs will commence.
In any case involving repairs, except those required due to
2025-0536 SB HMSO
lll■llllll■llllnllll

Page 4
S.B. NO. S73
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
misuse by the affected unit owner, to electrical, plumbing, or
other facilities necessary to provide sanitary and habitable
living conditions the association shall commence repairs within
three business days of receiving oral or written notification,
with a good faith requirement that the repairs be completed as
soon as possible; provided that if the association is unable to
commence repairs within three business days for reasons beyond
the association's control, the association shall inform the
affected unit owner of the reasons for the delay and set a
reasonable tentative date on which repairs will commence.
(e) If the association fails to perform in the manner
specified in subsection (d), the affected unit owner may
immediately do or have done the necessary work in a competent
manner and, upon submission to the association of receipts
amounting to at least the sums deducted, deduct from the
affected unit owner's assessment for common expenses no more
than $or one month's assessment, whichever is
greater, for the affected unit owner's actual expenditures for
work done to correct the defective condition.
(f) At the time the affected unit owner initially notifies
the association under subsection (d), the affected unit owner