Categories: Hawaii Legislation
House Bill 34 would amend both the Residential Cooperative Statute and the Hawaii Condominium Act to permit condominiums and coops to prohibit smoking in the common areas and units by rule. The bill was heard on January 30, 2013, but has been scheduled for further hearing on February 4, 2013 at 2:00 P.M. in House Conference Room 325. The Senate companion bill, Senate Bill 945 was heard by the Senate Health Committee on January 30, [Read More...]
Categories: Collections & Foreclosure, Community Association Management, Federal Law & Regulations
A few days ago, the Federal District Court for the District of Hawaii ruled that a management company is not a debt collector under the Fair Debt Collection Practices Act (“FDCPA”). Although the legal principles in the decision are not particularly new, it does provide an opportunity to discuss the FDCPA and management companies. The FDCPA requires debt collectors to meet certain requirements in the collection of a debt, including a requirement to provide the [Read More...]
Categories: Firm News
Even though it's late tonight, I would be remiss if I didn't mention that seven years ago on August 1, 2005, John Morris and I started practicing community association law together. We're grateful for the attorneys and staff that have helped us build our firm, but most of all we appreciate our clients and the managers with whom we work for making these last seven years fun and successful. We look forward to continue to work with you!
Categories: Board Duties, Fair Housing & ADA, Federal Law & Regulations
A few days ago, the Department of Housing and Urban Development (“HUD”) issued a press release that it had settled a discrimination claim involving allegations that a condominium association rejected a qualified buyer based on the buyer’s national origin and sex. HUD is the federal agency that investigates and enforces claims of discrimination under the Federal Fair Housing Act. It is relatively rare for condominium associations to have the authority to screen owners and residents of [Read More...]
Categories: Hawaii Legislation
The war on second-hand smoke began in certain public places like elevators and hospitals. Later it moved to restaurants and bars and certain common elements of a condominium project. The latest venue is individual units in condominium projects. Communities like Belmont, California (half way between San Francisco & San Jose) have adopted ordinances prohibiting smoking in individual units and the patio/yard areas of multi-unit residences (apartments, condominiums, and townhouses) which share common floors and/or ceilings [Read More...]
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