2020-02-11 Letter to Roy M. Takumi, Linda Ichiyama, Chris Lee, Joy A. San Buenaventura HB 2711 Relating to Homeowners' Association (2)

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Mtv us M;. Roy Takemoto �pJ.• .!t7� 4lanaging Director 4,14: Harry Kim 'f `';7\� � , ' '+; 1aror o J•••. • Barbara J. Kossow ATE itVoy Deputy,tilanaging Director County of Hawaii Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 February 11, 2020 Representative Roy M. Takumi, Chair Representative Linda lchiyama, Vice Chair Committee on Consumer Protection and Commerce Representative Chris Lee, Chair Representative Joy A. San Buenaventura, Vice Chair Committee on Judiciary Dear Chairs Takumi and Lee, Vice Chairs lchiyama and San Buenaventura, and Committee Members: RE: HB 2711 Relating to Homeowners' Associations HB 2711 addresses an important issue and is impressive in its size and detail. Because of its length, Hawaii County has not had time to give this bill the attention required, to do a thorough evaluation from the County perspective. We appreciate that an appropriation is proposed in HB 2711 to meet the Constitutional provision against unfunded mandates. What the amount should be, and how it would be dealt with on an ongoing basis, is an important issue that would have to be resolved. But there is also a way to avoid the problem. Since much of HB 2711 anticipates the involvement of the courts in resolving disputes, a better (and we think the proper) alternative to county involvement would be to remove the counties from the process altogether. The biggest issue we have identified so far is putting the questionable burden on the counties to hear, administer, and decide certain disputes of private homeowners in subdivisions where homeowner associations will be created. It is the Judiciary, not the counties, that hears and decides disputes. This could even be a separation of powers issue, if not changed. County of Hawaii is an Equal Opportunity Provider and Employer.