Hawaii 2025 Regular Session

Hawaii House Bill HB475

Introduced
1/21/25  

Caption

Relating To Common Interest Ownership Communities.

Summary

HB475 would create a new licensing and regulatory framework for managers of common interest ownership communities in Hawaii, including managers of homeowners’ associations, planned community associations, cooperative housing corporations, and condominium unit owners’ associations. The bill defines “association manager” broadly to cover persons hired or contracted to oversee day-to-day operations such as budgeting, dues collection, delinquency management, bookkeeping, maintenance, inspections, insurance, vendor management, compliance, and dispute resolution. It states that, beginning July 1, 2027, no person may serve in that role without first obtaining a license. The bill also establishes an Association Manager Licensing Board within the Department of Commerce and Consumer Affairs (DCCA). That board would set licensure requirements, issue and renew licenses, adopt rules and a code of ethics, and take disciplinary action for violations. The bill further authorizes the department to collect licensing fees and allows the board to create an association managers recovery fund to compensate persons harmed by unlawful conduct of a licensed manager, subject to court order and statutory limits. In practical terms, the bill would add a new chapter to the Hawaii Revised Statutes governing association managers and would affect the operation of chapters 421I, 421J, and 514B by imposing a state licensing requirement on a profession that is currently unregulated in the bill text. It would also create new compliance obligations for management companies and individuals who perform association-management functions, while exempting employees or contractors working under the supervision of a licensed association manager. The stated policy rationale is consumer protection and public safety. The bill’s findings emphasize climate change, stricter structural maintenance requirements, and the large number of residents living in these communities, arguing that professional managers need specialized expertise and oversight to protect residents, guests, and property and to improve long-term maintenance planning and financial accountability. No committee transcripts or recorded votes were provided, so there is no documented debate or vote history to gauge support or opposition. Based on the bill text alone, the measure appears generally pro-regulation and consumer-protection oriented, but likely to raise concerns among industry participants about added licensing costs, administrative burdens, and the scope of who must be licensed. The bill also contains several blank placeholders for fees, fines, and board membership, suggesting that key implementation details were still unresolved in the introduced version.

Impact

HB475 would amend Hawaii law by adding a new licensing chapter under Title 25 for association managers and by creating a new regulatory body within DCCA. It would make it unlawful, starting July 1, 2027, to work as an association manager for covered common interest ownership communities without a state license, and it would authorize administrative rules, discipline, fees, and a recovery fund for harmed parties. The bill would directly affect homeowners’ associations, planned community associations, cooperative housing corporations, condominium associations, and the managers and management firms that serve them.

Sentiment

No committee discussion or voting record was provided, so there is no formal evidence of legislative sentiment from hearings or floor action. The bill’s findings and structure indicate a strong policy preference for professionalization, oversight, and consumer protection in association management. The overall tone of the measure is supportive of regulation, with the apparent goal of improving safety, maintenance, and financial accountability in common interest ownership communities.

Contention

The main likely point of contention is whether association managers should be subject to state licensure at all, and if so, how broad the licensing regime should be. Industry stakeholders may object to new fees, compliance costs, disciplinary exposure, and the administrative burden of a new board and recovery fund, while supporters are likely to emphasize resident safety, competence, and accountability. Another unresolved issue in the introduced text is that several key amounts and board composition details are left blank, which suggests debate may remain over the size of fines, fees, fund contributions, and the makeup of the licensing board.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.