HOUSE OF REPRESENTATIVES

H.B. NO.

2562

THIRTIETH LEGISLATURE, 2020

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

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 two 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 by:

(1) Delivering a signed written notice of resignation to the association's property manager, board of directors, president, or secretary;

(2) Communicating the notice of resignation by electronic mail to the association's property manager, board of directors, president, or secretary at the electronic mailing address designated in writing by the person receiving the electronic mail; provided that an electronic signature is attached to the electronic mail; or

(3) Providing notice during a meeting in writing.

A resignation is effective when the notice is received, unless the notice specifies a later effective date. If a resignation is made effective at a later date, the board may fill the pending vacancy before the effective date; provided that the successor does not take office until the effective date.

For purposes of this section, "electronic signature" means a method of signing an electronic message that identifies a particular person as the source of the message and indicates the person's approval of the information contained in the message.

421J-   Board; vacancies. Notwithstanding any provision in any association documents to the contrary, the board may only fill vacancies in its membership to serve until the next annual association meeting or duly noticed special association meeting. Notice of a special association meeting to fill vacancies shall include notice of the election. Any special association meeting to fill vacancies shall be held on a date that allows sufficient time for owners to declare their intentions to run for election and to solicit proxies for that purpose."

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 by:

(1) Delivering a signed written notice of resignation to the association's property manager, board of directors, president, or secretary;

(2) Communicating the notice of resignation by electronic mail to the association's property manager, board of directors, president, or secretary at the electronic mailing address designated in writing by the person receiving the electronic mail; provided that an electronic signature is attached; or

(3) Providing notice during a meeting in writing.

A resignation is effective when the notice is received, unless the notice specifies a later effective date. If a resignation is made effective at a later date, the board may fill the pending vacancy before the effective date; provided that the successor does not take office until the effective date.

For purposes of this section, "electronic signature" means a method of signing an electronic message that identifies a particular person as the source of the message and indicates the person's approval of the information contained in the message."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Common Interest Communities; Planned Community Associations; Condominium Associations; Resignation; Vacancies; 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. Effective 7/1/2050. (SD1)

 

 

 

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