Report Title:

Planned-Community Associations

Description:

Provides for election procedures for boards of directors of planned-community associations, including nomination of candidates and voting.

HOUSE OF REPRESENTATIVES

H.B. NO.

2745

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to planned community associations.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated to read as follows:

"§421J- Board of director election procedures for large community associations. (a) Procedures under this section shall apply only to community associations whose membership exceeds one hundred persons and shall supersede all other procedures required under section 421J-4. Procedures for the regular annual election of members of the board of directors for vacancies caused by the normal expiration of their terms shall be as follows:

(1) No fewer than sixty days before the annual meeting of the association, the association shall solicit nominations for board positions that are open for election through a mailing to the association membership;

(2) No fewer than forty days before the annual meeting, a request by any owner for nomination to the board shall be sent to the association, accompanied by a statement limited to one page, describing the owner's qualifications and reasons for wanting to serve on the board;

(3) The association shall make available, at no cost to any member who desires to place his or her name in nomination, a listing of the membership with addresses for campaign purposes in hard copy, in machine-readable form, or on labels;

(4) The nominations, together with the nominees' written statements, shall be included in the notice-of-annual-meeting packet that is mailed to the membership;

(5) The membership shall elect the board members from the nominations by indicating their choice on a ballot supplied within the packet. The ballot shall be mailed back to the association along with the quorum proxy;

(6) A plurality of the votes cast shall determine the winners. Blank votes shall not be counted in determining the number of votes cast;

(7) There shall be no nominations or voting at the annual meeting. The results of the voting shall be announced at the annual meeting;

(8) Proxies shall be used for all matters, other than the regular election of board members, that may arise at the annual meeting;

(9) The procedure for filling vacancies on the board that occur between annual meetings shall be determined by the association; and

(10) The real estate commission shall be responsible for the enforcement of this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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