Report Title:

Association Board Minutes

Description:

Requires the minutes of a condominium or planned community association's board of directors meeting and agenda for the next meeting be mailed to any association member on the mailing list.

HOUSE OF REPRESENTATIVES

H.B. NO.

583

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to association board of directors meetings.

 

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

SECTION 1. Section 421J-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]421J-5[]] Meetings of the board of directors. (a) Whenever practicable, all meetings of the board of directors, other than executive sessions, shall be open to all members. Members who are not on the board of directors may participate in any deliberation or discussion, other than executive sessions, unless a majority of a quorum of the board of directors votes otherwise.

(b) The board of directors shall meet at least once each year.

(c) Minutes of the meetings of the board of directors shall include the recorded vote of each board member on all motions except motions voted upon in executive session.

(d) The board of directors, with the approval of a majority of a quorum of its members, may adjourn any meeting and reconvene in executive session to discuss and vote upon matters concerning personnel, litigation in which the association is or may become involved, or as may be necessary to protect the attorney-client privilege of the association. The general nature of any business to be considered in executive session shall be first announced in the regular session.

(e) No board member shall vote by proxy at board meetings.

(f) A director who has a conflict of interest on any issue before the board shall disclose the nature of the conflict of interest prior to a vote on that issue at the board meeting, and the minutes of the meeting shall record the fact that a disclosure was made.

(g) The minutes of a meeting of the board of directors along with the agenda for the next meeting of the board of directors shall be mailed to any association member who asks to be included on the mailing list for the agenda and minutes. If the minutes mailed have not been approved, any corrections shall be reflected in the minutes of the next board meeting."

SECTION 2. Section 514A-83.4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Minutes of all meetings shall be available within seven calendar days after approval and unapproved final drafts of the minutes of a meeting shall be available within sixty days after the meeting; provided that the minutes of any executive session may be withheld if their publication would defeat the lawful purpose of the executive session.] The minutes of a meeting of the board of directors along with the agenda for the next meeting of the board of directors shall be mailed to any association member who asks to be included on the mailing list for the agenda and minutes. If the minutes mailed have not been approved, any corrections shall be reflected in the minutes of the next board meeting."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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