HOUSE OF REPRESENTATIVES

H.B. NO.

2562

THIRTIETH LEGISLATURE, 2020

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMMON INTEREST COMMUNITIES.

 

 

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

 


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

"421J-    Board; resignation. A member of the board of directors may resign from the board at any time; provided that the resignation shall only be effective if the resignation is presented:

(1) Orally at a meeting of the board of directors and confirmed verbally or in writing by the presiding officer at the same meeting; or

(2) In writing to the president or secretary of the board, signed by the resigning member of the board.

421J-    Board; vacancies. Notwithstanding any provision in any association documents to the contrary, a board shall only fill a vacancy in its membership to serve until the next annual meeting or duly noticed special meeting of the association.

421J-    Right to vote. Notwithstanding any provision in any association documents to the contrary, the right to vote at an association meeting shall be exercised by the members or through their permitted proxies. This section shall not apply to the reserved developer's rights."

SECTION 2. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"514B-    Board; resignation. A member of the board of directors may resign from the board at any time; provided that the resignation shall only be effective if the resignation is presented:

(1) Orally at a meeting of the board of directors and confirmed verbally or in writing by the presiding officer at the same meeting; or

(2) In writing to the president or secretary of the board, signed by the resigning member of the board."

SECTION 3. Section 421J-3.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]421J-3.5 Notice required; regular annual and special meetings.[]] (a) Not less than fourteen days in advance of any regular annual meeting or special meeting of an association, the secretary or other officer specified in the bylaws shall give written notice of the meeting to each member of the association as provided in the bylaws of the association or by two or more of the following means:

(1) Hand delivery;

(2) United States mail sent to the mailing address of each unit or to another mailing address designated in writing by the association member;

(3) Electronic mail to the electronic mailing address designated in writing by the association member; or

(4) Posting of the meeting notice in its entirety on a portion of the association's website that is accessible to all members.

(b) Notice pursuant to this section shall state:

(1) The date, time, and place of the meeting; and

(2) The items on the agenda, including the general nature of and rationale for any proposed amendment to the declaration or bylaws; any proposal for a special assessment, unless the authority for a special assessment is otherwise provided for in the association's governing documents; and any proposal to remove a member of the board.

(c) To remove a member of the board or any committee, a proposal to remove the member of the board shall be included in the notice of the meeting. The proposal shall be included on the notice upon written request of any association member made at least fourteen days prior to the distribution of the notice for the meeting.

[(c)] (d) The requirements of this section shall not be interpreted to preclude any association member from proposing an amendment to the declaration or bylaws [or proposing to remove a member of the board at an association meeting].

[(d)] (e) The requirements of this section shall not be interpreted to apply to any board meetings or committee meetings of a planned community association."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Common Interest Communities; Planned Community Associations; Condominium Associations; Removal; Vacancies; Right to Vote; Board of Directors

 

Description:

Specifies the manner in which a member of a board of a planned community association or condominium association may resign. Limits a planned community association board's ability to fill a vacancy. Clarifies the right to vote in planned community association matters. Requires any proposal to remove a board member of a planned community association be noticed and the proposal to remove included on the meeting notice, upon 14 days' request by an association member. Takes effect on 7/1/2050. (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.