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HB850
HOUSE OF REPRESENTATIVES
H.B. NO.
850
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to condominiums
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1
.
�
Section 514B-121, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�514B-121
�
Association meetings.
�
(a)
�
A meeting of the association shall be held at
least once each year.
����
(b)
�
All association meetings shall be conducted in accordance with the most
recent edition of Robert's Rules of Order Newly Revised.
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(c)
�
Special
meetings of the association may be called by the president, a majority of the
board,
or by a petition to the secretary or managing agent signed and
dated by no less than twenty-five per cent of the unit owners as shown in the
association's record of ownership; provided that if the secretary or managing
agent fails to send out the notices for the special meeting within fourteen
days of receipt of the petition, the petitioners shall have the authority to
set the time, date, and place for the special meeting and to send out the
notices and proxies for the special meeting at the association's expense in
accordance with the requirements of the bylaws and of this part; provided
further that a special meeting based upon a petition to the secretary or
managing agent shall be set no later than sixty days from receipt of the
petition.
�
The petition shall be valid
only if submitted within one hundred twenty days of the earliest signature.
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(d)
�
No less than fourteen days in advance of any meeting, the secretary or
other officer specified in the bylaws shall cause notice to be:
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(1)
�
Hand-delivered;
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(2)
�
Sent prepaid by United
States mail to the mailing address of each unit or to any other mailing address
designated in writing by the unit owner; or
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(3)
�
At the option of the
unit owner, expressed in writing, by electronic mail to the electronic mailing
address designated in writing by the unit owner.
The notice of
any meeting shall state the date, time, and place of the meeting and the items
on the agenda, including the general nature and rationale of any proposed
amendment to the declaration or bylaws, and any proposal to remove a member of
the board; provided that this subsection shall not preclude
any unit
owner from proposing an amendment to the declaration or bylaws or to remove a
member of the board at any annual association meeting
.
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(e)
�
Notwithstanding
any provision [
to the contrary
] in the association's declaration or
bylaws, [
electronic
]
the board, in its sole discretion, may
authorize:
����
(1)
�
Electronic voting at any in-person
association meeting; and
����
(2)
�
Electronic
meetings, electronic voting[
,
]
at electronic meetings, electronic voting without a meeting,
and mail
voting [
may be authorized by the board in its sole discretion:
]
without
a meeting for any and all association business, including, without limitation,
the election of directors, the adoption of amendments of the declaration and
bylaws, and the adoption of motions and resolutions:
���
[
(1)
]
(A)
�
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;
provided
that the termination or expiration of the state of emergency or local state of
emergency shall not be grounds for invalidating any action taken at an
electronic meeting that was noticed, or any action taken via electronic voting
or mail voting without a meeting that was commenced, while a state of emergency
or local state of emergency declared pursuant to chapter 127A, was in effect;
���
[
(2)
�
For any
association meeting for which notice was given while a state of emergency or
local state of emergency, declared pursuant to chapter 127A, was in effect for
the county in which the condominium is located but is no longer in effect as of
the date of the meeting; provided that the meeting is held within sixty days of
the date the notice was first given;
����
(3)
]
(B)
�
When
approved by adoption of a special [
meeting
] rule
of order
at an
association meeting that permits the board to authorize electronic meetings,
electronic voting, and mail voting;
���
[
(4)
]
(C)
�
When approved no less than three months and no
more than eighteen months before the electronic meeting, electronic voting, and
mail voting by:
�������
[
(A)
]
(i)
�
Written consent of a majority of unit
owners; or
�������
[
(B)
]
(ii)
�
Majority vote at
an association meeting; or
���
[
(5)
]
(D)
�
Whenever otherwise authorized
by this
chapter or
in an association's declaration or bylaws.
����
[
For
any electronic meetings, electronic voting, and mail voting, the voting
deadline shall be within sixty days of the date the notice was first sent.
]
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(f)
�
Voting conducted via electronic voting or
mail voting without a meeting of the association shall commence and end on
dates established by the board; provided that if a deadline for voting or
written consent is established by this chapter or the declaration or bylaws,
the deadline established by this chapter, the declaration, or bylaws shall
control.
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(g)
�
Proxies may not be used for any voting
conducted without a meeting of the association.
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(h)
�
The association shall implement reasonable
measures to verify that each person permitted to vote is a member of the
association or
, where proxy voting is authorized, the
proxy of a member.
����
[
As
used
in this
subsection,
"mail voting" includes sending or receiving written ballots via mail,
courier, or electronic transmission; provided that the transmission is a
complete reproduction of the original.
����
(f)
]
(i)
�
All association meetings, except those where
all persons attend by electronic means, 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, an association meeting may be
held outside the State.
����
(j)
�
As used in this section:
����
"Electronic
voting" includes sending or receiving votes electronically.
����
"Mail
voting" includes sending or receiving written ballots or written consent
forms via mail, courier, or electronic transmission; provided that the
transmission is a complete reproduction of the original.
"
����
SECTION
2
.
�
Section 514B-124.5, Hawaii Revised Statutes,
is amended to read as follows:
����
"
[
[
]�514B-124.5[
]
]
�
Voting for elections; cumulative voting.
�
(a)
�
[
If
the bylaws provide for cumulative voting for an election at a meeting,
]
If
an election is to be held by cumulative voting pursuant to the bylaws,
each
unit owner present in person or represented by proxy shall have a number of
votes equal to the unit owner's voting percentage multiplied by the number of
positions to be filled at the election.
����
(b)
�
Each unit owner shall be entitled to cumulate
the
individual
votes of the unit owner and give all of the votes to one [
nominee
]
candidate
or distribute the
individual
votes among any or all of
the [
nominees.
]
candidates.
����
(c)
�
The [
nominee or nominees
]
candidate
or candidates
receiving the highest number of votes under this section, up
to the total number of positions to be filled, shall be deemed elected and
shall be given the longest term.
����
(d)
�
This section shall not prevent the filling of
vacancies on the board of directors in accordance with this chapter and the
association's governing documents.
����
(e)
�
As used in this section,
"candidate" means a nominee or write-in candidate.
"
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SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 4.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Condominium
Associations; Electronic Meetings; Electronic Voting; Mail Voting; Cumulative
Voting
Description:
Clarifies
an association board's authority with respect to calling electronic meetings,
electronic voting, and mail voting.
�
Clarifies
that, in condominium elections, cumulative voting rights apply to all
candidates regardless of whether they are nominated.
�
Clarifies that individual votes are used in
cumulative voting.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.