§514B-142  Aging in place or disabled; limitation on liability. 
(a)  The association,
its directors, unit owners, or residents, and their agents and tenants, acting
through the board, shall not have any legal responsibility or legal liability,
with respect to any actions and recommendations the board takes on any report,
observation, or complaint made, or with respect to any recommendation or
referral given, which relates to an elderly or disabled unit owner or resident
who may require services and assistance to maintain independent living in the
unit in which the elderly or disabled unit owner or resident resides, so that
the elderly or disabled unit owner or resident will not pose any harm or health
or safety hazards to self or to others, and will not otherwise be disruptive to
the condominium community because of problems of aging and aging in place or
living independently with a physical or mental disability or disabling
condition.  This section shall apply to elderly or disabled unit owners or
residents whose actions or non-actions pose a risk to their own health or
safety or to the health and safety of others, cause harm to the resident or
others, or where physical or mental abuse may be life-threatening, and who
exhibit the following characteristics:



(1)  The inability to clean and maintain an
independent unit;



(2)  Mental confusion;



(3)  Abusing others;



(4)  Inability to care for oneself; or



(5)  Inability to arrange for home care.



(b)  Upon a report, observation, or complaint
relating to an elderly or disabled unit owner or resident aging or aging in
place or living independently with a physical or mental disability or disabling
condition, which notes a problem similar in nature to the problems enumerated
in subsection (a), the board, in good faith, and without legal responsibility
or liability, may request a functional assessment regarding the condition of an
elderly or disabled unit owner or resident as well as recommendations for
services from mental health or medical practitioners, governmental agencies
responsible for adult protective services, or non-profit or for-profit service
entities which the elderly or disabled unit owner or resident may require to
maintain a level of independence that enables the owner or resident to avoid
any harm to self or to others, and to avoid disruption to the condominium
community; provided that when a functional assessment is requested by the
board, the unit owner or resident shall be deemed to be the client of the
person or entity conducting the functional assessment.  The board, upon request
or unilaterally, and without legal responsibility or liability, may recommend
available services, including assistance from state or county agencies and
non-profit or for-profit service entities, to an elderly or disabled unit owner
or resident which may enable the elderly or disabled unit owner or resident to
maintain a level of independent living with assistance, enabling in turn, the
elderly or disabled unit owner or resident to avoid any harm to self or others,
and to avoid disruption to the condominium community.



(c)  There is no affirmative duty on the part
of the association, its board, the unit owners, or residents, or their agents
or tenants to request or require an assessment and recommendations with respect
to an elderly or disabled unit owner or resident when the elderly or disabled
unit owner or resident may be experiencing the problems related to aging and
aging in place or living independently with a physical or mental disability or
disabling condition enumerated in subsection (a).  The association, its board,
unit owners, or residents, and their agents and tenants shall not be legally
responsible or liable for not requesting or declining to request a functional
assessment of, and recommendations for, an elderly or disabled unit owner or
resident regarding problems relating to aging and aging in place or living
independently with a physical or mental disability or disabling condition.



(d)  If an elderly or disabled unit owner or
resident ignores or rejects a request for or the results from an assessment and
recommendations, the association, with no liability for cross-claims or
counterclaims, may file appropriate information, pleadings, notices, or the
like, with appropriate state or county agencies or courts to seek an
appropriate resolution for the condominium community and for the elderly or
disabled unit owner or resident.



(e)  For the purposes of this section:



"Elderly" means age sixty-two and
older.



"Disabled" means a physical or mental
impairment that substantially limits one or more major life activities; a
record of such an impairment; or being regarded as having such an impairment.



(f)  Costs and fees for assessments,
recommendations, and actions contemplated in this section shall be as set forth
in the declaration or bylaws.



(g)  This section shall not be applicable to
any condominium that seeks to become licensed as an assisted living facility
pursuant to title 11, chapter 90, Hawaii Administrative Rules, as amended. [L
2004, c 164, pt of §2; am L 2009, c 128, §1]