CONFERENCE COMMITTEE REP. NO. 66-08

 

Honolulu, Hawaii

                 , 2008

 

RE:    H.B. No. 2492

       H.D. 1

       S.D. 1

       C.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Sir and Madam:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2492, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO PLANNED COMMUNITY ASSOCIATIONS,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this bill is to ensure sufficient disclosures in real estate transactions by:

 

     (1)  Requiring sellers of residential real property to disclose all restrictions or conditions on use relating to the property and contained in a recorded document, including any unrecorded rules or guidelines issued by any entity responsible for enforcing the restrictions or conditions;

 

     (2)  Specifying the types of planned communities for which seller disclosure statements must include the planned community declaration and association documents; and

 

     (3)  Requiring the minutes of board of directors' meetings for a planned community association to include the recorded vote of each board member present on all motions except motions voted upon in executive session.

 

     Your Committee on Conference has amended this bill by changing its effective date to November 1, 2008, to allow community associations time to implement the provisions of this measure.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2492, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2492, H.D. 1, S.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

RUSSELL S. KOKUBUN, Chair

 

____________________________

MAILE SHIMABUKURO, Co-Chair

 

 

____________________________

ROBERT N. HERKES, Co-Chair