Condominium Dispute Resolution Programs
If you have a dispute interpretation or enforcement of: an association's declaration, bylaws, or house rules; or .......Read on
On July 5, 2006, Governor Lingle signed Act 277, 2006 Session Laws of Hawaii, into law which created the Condominium Management Dispute Resolution Process (CMDRP) Pilot Program under Hawaii Revised Statutes Chapter 514B pertaining to condominiums created after July 1, 2006.
On July 2, 2007, Governor Lingle signed Act 244 into law which reinstated the Condominium Dispute Resolution (CDR) Pilot Program under Hawai`i Revised Statutes §514A-121.5 that had been initially created in 2004. Additionally, Governor Lingle signed Act 242 into law which clarified the scope of the CMDRP Pilot Program created by Act 277, 2006 Session Laws of Hawai`i.
On June 27, 2008, Governor Lingle signed Act 205 into law, which further clarified the CDR Pilot Program provided for in Hawai`i Revised Statutes §514A-121.5, as well as codifying the CMDRP Pilot Program created by Act 277, 2006 Session Laws of Hawai`i, into Hawai`i Revised Statutes §514B-161.
The following is an overview of the hearing process for requests for hearings filed pursuant to Hawai`i Revised Statutes §§514A-121.5 or 514B-161:
- OAH can only accept 30 cases per fiscal year (July 1 through June 30) for the CMDRP Pilot Program created by Hawaii Revised Statutes §514B-161, and 30 cases per fiscal year (July 1 through June 30) for the CDR Pilot Program created by Hawaii Revised Statutes §514A-121.5.
- Before a request for a hearing can be filed with either of the pilot programs, the parties must have attempted to resolve the dispute through mediation.
- If the dispute could not be resolved through mediation, anyone who participated in the mediation may file a request for a hearing with OAH.
- Only directors of a duly registered apartment owners association or an apartment owner who belongs to such an association may file a request for hearing.
- The request for hearing must be filed with OAH within 30 days from the termination date of the unsuccessful mediation, and can only be initiated against a party that participated in the mediation.
- The every party involved in the request for hearing must each pay a filing fee of $25.
The following is a comparison chart of the CMDRP and CDR Pilot Program which compares the core features of each of the pilot programs:
| Condominium Management Dispute Resolution Process (“CMDRP”) Pilot Program Hawai`i Revised Statutes §514B-161 | Condominium Dispute Resolution (“CDR”) Pilot Program Hawai`i Revised Statutes §514A-121.5 |
Subject matter jurisdiction | The subject matter of the hearing before the hearings officer may include any matter that was the subject of the mediation pursuant to section 514B-161 - interpretation, application, or enforcement of: - the association's declaration, bylaws, or house rules; or
- a matter involving Part VI of HRS Chapter 514B.
| The subject matter of the hearing before the hearing officer may include any matter that was the subject of the mediation pursuant to HRS §514A-121.5(a) - interpretation or enforcement of: - association's declaration, bylaws, or house rules; or
- a matter involving HRS §§514A-82(b)(1) to (13), 514A-82.1, 514A-82.15, 514A-82.3, 514A-82.5, 514A-82.6, 514A-83, 514A-83.1, 514A-83.2, 514A-83.3, 514A-83.4, 514A-83.5, 514A-84, 514A-84.5, 514A-92.5
|
Who can request a hearing | - A board of directors of an association duly registered pursuant to HRS §514B-103; or
- A unit owner who is a member of an association duly registered pursuant to HRS §514B-103.
| - A board of directors of an association duly registered pursuant to HRS §514A-95.1; or
- A unit owner who is a member of an association duly registered pursuant to HRS §514A-95.1.
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Applicability | Applies to: 1) all condominiums created pursuant to HRS Chapter 514B; and 2) all condominiums created before July 1, 2006, but only with respect to events and circumstances occurring on or after July 1, 2006. | Applies to all condominiums created pursuant to HRS Chapter 514A, subject to the applicable statute of limitations |
Click on the link below to go to the CDR Pilot Program Informational Materials
http://hawaii.gov/dcca/areas/oah/condo_dispute/
Condominium Dispute Resolution ("CDR") and Condominium Management Dispute Resolution ("CMDR") Pilot Programs Forms and Publications