HOUSE OF REPRESENTATIVES

H.B. NO.

307

THIRTY-FIRST LEGISLATURE, 2021

 

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. The legislature finds that the occurrence of a global pandemic has demonstrated a need to provide condominium associations and planned community associations with greater flexibility in governance during any period in which a state of emergency is in effect as declared by the governor, or a local state of emergency as declared by the mayor of a county in which the condominium or planned community is located, pursuant to chapter 127A, Hawaii Revised Statutes.

The purpose of this Act is to authorize all planned community associations and condominium associations to conduct electronic meetings and electronic or machine voting during a declared state of emergency or local state of emergency.

SECTION 2. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"421J-    Association documents; state of emergency. The association documents shall be deemed to authorize electronic meetings and electronic or machine voting during any period in which a state of emergency or local state of emergency declared pursuant to chapter 127A is in effect in the county in which the planned community is located, regardless of what the association documents otherwise provide."

SECTION 3. Section 514B-121, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:

"(e) All association meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised. If so provided in the declaration or bylaws, meetings may be conducted by any means that allow participation by all unit owners in any deliberation or discussion[.]; provided that electronic meetings and electronic or machine voting shall be authorized during any period in which a state of emergency or local state of emergency declared pursuant to chapter 127A is in effect in the county in which the condominium is located, regardless of what the declaration or bylaws provide.

(f) All association meetings shall be held at the address of the condominium or elsewhere within the State as determined by the board; provided that in the event of a natural disaster, such as a hurricane, or during a state of emergency or local state of emergency declared pursuant to chapter 127A, an association meeting may be held outside the State."

SECTION 4. Section 514B-125, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) All board meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised. [Unless otherwise provided in the declaration or bylaws, a] A board may permit any meeting to be conducted by any means of communication through which all directors participating may simultaneously hear each other during the meeting[.], unless otherwise provided in the declaration or bylaws; provided that a board may so meet during any period in which a state of emergency or local state of emergency declared pursuant to chapter 127A is in effect in the county in which the condominium is located, regardless of any provision in the declaration or bylaws to the contrary. A director participating in a meeting by this means is deemed to be present in person at the meeting. If permitted by the board, any unit owner may participate in a meeting conducted by a means of communication through which all participants may simultaneously hear each other during the meeting, provided that the board may require that the unit owner pay for the costs associated with the participation."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Planned Community Associations; Condominium Associations; Electronic Meetings; Electronic or Machine Voting; State of Emergency

 

Description:

Authorizes planned community associations and condominium associations to conduct electronic meetings and electronic or machine voting in a state of emergency or local state of emergency, regardless of what a planned community association's documents or a condominium association's bylaws or declarations provide.

 

 

 

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