Report Title:

Condominium Association Proxies

Description:

Provides that proxies given to the board of an association of apartment owners or planned community association may not be used for the election of board members.

THE SENATE

S.B. NO.

1192

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to proxies.

 

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

SECTION 1. Section 421J-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) To be valid, a proxy shall:

(1) Be delivered to the secretary of the association or the managing agent, if any, no later than 4:30 p.m. on the second business day prior to the date of the meeting to which it pertains;

(2) Contain at least the name of the association, the date of the meeting of the association, the printed name and signature of the person or persons giving the proxy, the unit or units for which the proxy is given, and the date that the proxy is given; and

(3) Contain boxes wherein the owner has indicated that the proxy is given:

(A) For quorum purposes only;

(B) To the individual whose name is printed on a line next to this box;

(C) To the board of directors as a whole and that the vote be made on the basis of the preference of the majority of the board; or

(D) To those directors present at the meeting and the vote to be shared with each board member receiving an equal percentage.

Proxies described in paragraphs (3)(C) and (D) shall not be valid for the election of members of the board of directors. In electing members of the board of directors, each association member, including commercial organizations, shall only be entitled to cast a single vote."

SECTION 2. Section 514A-83.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A proxy, to be valid, must:

(1) Be delivered to the secretary of the association of apartment owners or the managing agent, if any, no later than 4:30 p.m. on the second business day prior to the date of the meeting to which it pertains;

(2) Contain at least the name of the association of apartment owners, the date of the meeting of the association of apartment owners, the printed names and signatures of the persons giving the proxy, the apartments for which the proxy is given, and the date that the proxy is given; and

(3) Contain boxes wherein the owner has indicated that the proxy is given:

(A) For quorum purposes only;

(B) To the individual whose name is printed on a line next to this box;

(C) To the board of directors as a whole and that the vote be made on the basis of the preference of the majority of the board; or

(D) To those directors present at the meeting and the vote to be shared with each board member receiving an equal percentage.

Proxies described in paragraphs (3)(C) and (D) shall not be valid for the election of members of the board of directors. In electing members of the board of directors, each association member, including commercial organizations, shall only be entitled to cast a single vote."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

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