Committee defers bill requiring condominium associations to repair health or safety defects after heavy opposition

The Senate Committee on Commerce and Consumer Protection on Feb. 19 deferred SB573, a bill that would require condominium associations to repair defective conditions of common elements that constitute health or safety violations, after receiving widespread opposition in written and oral testimony.

The committee staff reported three written testimonies in support, 18 in opposition and four offering comments; oral opposition was presented by representatives of community association interests and construction-defect counsel.

Richard Ekimoto, representing the Community Associations Institute’s Hawaii Legislative Action Committee, said he stood on CAI’s written testimony opposing the bill. Chris Sekita, a partner at Kazdan Turner Thompson Booth who represents homeowners and homeowners associations in construction-defect matters, told the committee construction defects often affect entire building systems and that allowing individual homeowners to perform repairs could cause more harm than good. Sekita gave an example of a high-rise in which an attempt to snake a clogged drain in a common stack dislodged buildup that then “came crashing down and blew out into the units below,” causing more damage.

Philip Nerney was listed as an online opponent; Dallas Walker and other CAI-affiliated witnesses appeared during the earlier testimony period. Committee leadership stated there was “overwhelming opposition” and moved to defer the measure for further consideration.

The committee did not adopt the bill during the Feb. 19 decision-making session and deferred further action.