Read the full stored bill text
HB1834
HOUSE OF REPRESENTATIVES
H.B. NO.
1834
THIRTY-THIRD LEGISLATURE, 2026
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
.
�
Section 421J-4, Hawaii Revised Statutes, is
amended by amending subsection (d) to read as follows:
����
"(d)
�
If a proxy is a standard proxy form
authorized by the association, the proxy shall contain
the following
statement, including
boxes wherein the owner may indicate that the proxy is
given:
���
[
(1)
�
For quorum purposes only;
����
(2)
�
To the individual whose name is
printed on a line next to this box;
����
(3)
�
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
directors present at the meeting; or
����
(4)
�
To those directors present at the
meeting and the vote to be shared with each board member receiving an equal
percentage;
Provided that if
]
�
"
[ ]
��
For quorum purposes only.
�
In order
for the Association to legally conduct the Annual Meeting, it requires a Quorum
percentage of Ownership.
�
If this box is
selected, this proxy counts towards the quorum number requirement.
�
Quorum Purposes Only has no voting actions.
��
[ ]
��
To
the individual whose name is printed on a line next to this
box:_________________________________________.
���������
If you are unable to attend the Annual Meeting or think you may not be
able to attend the Annual Meeting, you can select this box and name an
individual to represent you as a proxy.
�
If, on the day of the Annual Meeting, you do attend and check in at the
Annual Meeting, this proxy shall become void and you will be directly participating
in the voting ballot process.
��
[ ]
��
To the Board as a whole.
�
This
selection means the proxy is presented to the entire Board, not just to
individual Directors.
�
The Board is
voting together as one.
�
If you are happy
with the composition of the total Board (Board as a whole), selecting this box
will put your vote toward re-electing the current members of the Board.
��
[ ]
��
To those Directors present at the Meeting with
the vote to be shared with each Director receiving an equal percentage.
�
This
selection means the vote is to be made on the basis of the preference of the Directors
present at the Meeting.
�
Only Directors
who are physically present at the Meeting count toward the vote.
�
For example, if you have a 7 member Board,
but only 5 attend, the majority is 3 votes (out of 5 present), not 4 (out of 7
total).
�
Your ownership is then divided
amongst the Board Members present at the Meeting.
�
These Board Members will then submit their
voting ballot based upon their vote and not anyone else's vote."
If
the proxy is returned with no box
checked,
or
if
more than one of
the
foregoing
boxes [
in paragraphs (1) through (4)
]
is
checked, the proxy shall be counted for quorum purposes only."
����
SECTION
2
.
�
Section 421I-4,
Hawaii Revised Statutes, is amended by amending subsection (c) to read as
follows:
����
"(c)
�
A proxy [
statement
]
form
shall
contain [
at least the following information:
]
, at minimum:
����
(1)
�
The name of the corporation;
����
(2)
�
The date of the meeting to which the
proxy is applicable;
����
(3)
�
The printed name and the signature of
the shareholder giving the proxy; [
and
]
����
(4)
�
The dwelling unit or units for which
the proxy is given[
.
]
; and
����
(5)
�
The following statement, including
boxes wherein the shareholder may indicate that the proxy is given:
�
"
[ ]
��
For quorum purposes only.
�
In order
for the Corporation to legally conduct the Meeting, it requires a Quorum
percentage of Ownership.
�
If this box is
selected, this proxy counts towards the quorum number requirement.
�
Quorum Purposes Only has no voting actions.
��
[ ]
��
To
the individual whose name is printed on a line next to this
box:_________________________________________.
���������
If you are unable to attend the Meeting or think you may not be able to
attend the Meeting, you can select this box and name an individual to represent
you as a proxy.
�
If, on the day of the
Meeting, you do attend and check in at the Meeting, this proxy shall become
void and you will be directly participating in the voting ballot process.
��
[ ]
��
To the Board as a whole.
�
This
selection means the proxy is presented to the entire Board, not just to
individual Directors.
�
The Board is
voting together as one.
�
If you are happy
with the composition of the total Board (Board as a whole), selecting this box
will put your vote toward re-electing the current members of the Board.
��
[ ]
��
To those Directors present at the Meeting with
the vote to be shared with each Director receiving an equal percentage.
�
This
selection means the vote is to be made on the basis of the preference of the
Directors present at the Meeting.
�
Only
Directors who are physically present at the Meeting count toward the vote.
�
For example, if you have a 7 member Board,
but only 5 attend, the majority is 3 votes (out of 5 present), not 4 (out of 7
total).
�
Your ownership is then divided
amongst the Board Members present at the Meeting.
�
These Board Members will then submit their
voting ballot based upon their vote and not anyone else's vote."
If the
proxy is returned with no box checked, or if more than one of the foregoing
boxes is checked, the proxy shall be counted for quorum purposes only.
"
����
SECTION
3
.
�
Section
514B-123, Hawaii Revised Statutes, is amended by amending subsection (e) to
read as follows:
����
"
(e)
�
If a
proxy is a
standard proxy form authorized by the association, the proxy
shall comply with the following additional requirements:
����
(1)
�
The proxy shall c
ontain
the following statement, including
boxes wherein the owner may indicate 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 as a whole and that the vote is to be made on the basis of the
preference of the majority of the directors present at the meeting; or
���������
(D)
�
To
those directors present at the meeting with the vote to be shared with each
director receiving an equal percentage;
]
�
"
[ ]
��
For quorum purposes only.
�
In order
for the Association to legally conduct the Annual Meeting, it requires a Quorum
percentage of Ownership.
�
If this box is
selected, this proxy counts towards the quorum number requirement.
�
Quorum Purposes Only has no voting actions.
��
[ ]
��
To
the individual whose name is printed on a line next to this
box:_________________________________________.
���������
If you are unable to attend the Annual Meeting or think you may not be
able to attend the Annual Meeting, you can select this box and name an
individual to represent you as a proxy.
�
If, on the day of the Annual Meeting, you do attend and check in at the
Annual Meeting, this proxy shall become void and you will be directly
participating in the voting ballot process.
��
[ ]
��
To the Board as a whole.
�
This
selection means the proxy is presented to the entire Board, not just to
individual Directors.
�
The Board is
voting together as one.
�
If you are happy
with the composition of the total Board (Board as a whole), selecting this box
will put your vote toward re-electing the current members of the Board.
��
[ ]
��
To those Directors present at the Meeting with
the vote to be shared with each Director receiving an equal percentage.
�
This
selection means the vote is to be made on the basis of the preference of the
Directors present at the Meeting.
�
Only
Directors who are physically present at the meeting count toward the vote.
�
For example, if you have a 7 member Board,
but only 5 attend, the majority is 3 votes (out of 5 present), not 4 (out of 7
total).
�
Your ownership is then divided
amongst the Board Members present at the meeting.
�
These Board Members will then submit their
voting ballot based upon their vote and not anyone else's vote.";
���������
provided that if the proxy is returned with no box
checked,
or
if
more than one of the
foregoing
boxes [
in subparagraphs (A) through
(D)
]
is
checked, the proxy shall be counted for quorum purposes
only; and
����
(2)
�
The proxy form shall also contain a box
wherein the owner may indicate that the owner wishes to obtain a copy of the
annual audit report required by section 514B‑150."
����
SECTION 4.
�
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
����
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:
_____________________________
Report Title:
Common
Interest Communities; Planned Community Associations; Cooperative Housing
Corporations; Condominium Associations; Proxy Forms; Explanations
Description:
Requires
common interest community proxy forms to include certain language related to
the selection options for proxies.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.