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UIPA Memo 11-12
Condominium Association Complaints
Requester asked whether the Regulated Industries Complaints
Office (RICO) properly denied Requester’s request for disclosure
of the numbers of complaints over the past decade regarding condominium
Association of Apartment Owners (AOAOs) and time shares for which
RICO took these actions: (1) intake; (2) investigation; (3) contact
with subjects of complaints; (4) assignment of case numbers; and
(5) finding of violation, as well as records about any system for
evaluating RICO’s handling of these complaints.
OIP found that because RICO’s electronic
filing system does not contain the requested information and compilation
of the information would require a manual search of hundreds of
case files, the information is not readily retrievable and RICO
is not required to prepare compilations or summaries of this information
in order to respond to this request. Under the UIPA, an agency is
not required to compile data in response to a UIPA request unless
it is “readily retrievable in the form requested.” HRS
§ 92F-11(c).
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