RELATING TO COMMON INTEREST COMMUNITIES.

SB2034

THE SENATE

S.B. NO.

2034

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-3.2, Hawaii Revised Statutes, is
amended to read as follows:

����
"[
[
]
�421J-3.2[
]
]
�
Cumulative
voting for directors.
�
(a)
�
[
If
the association documents provide for cumulative voting by members,
]
If
an election is to be held by cumulative voting pursuant to the association
documents,
members may so vote, by multiplying the number of votes the
members are entitled to cast by the number of positions for whom they are
entitled to vote, and [
cast the product for a single candidate or distribute
the product among two or more candidates.
]
give all of the votes to one
candidate or distribute the individual votes among any or all of the
candidates.
�
The 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.

����
(b)
�
Unless otherwise provided in
the association documents, cumulative voting shall not be permitted.

����
(c)
�
A director elected by
cumulative voting may be removed by the members with or without cause if the
requirements of section 421J-3.3 are met.

����
(d)
�
As used in this section,
"candidate" means a nominee or write-in candidate.
"

����
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 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.
"

����
SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION
4.
�
This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

Planned
Community Associations; Condominium Associations; Board; Cumulative Voting;
Candidates

Description:

Clarifies
that a member can distribute each vote they are entitled to among any or all of
the candidates for a planned community association or condominium association
board election conducted by cumulative voting.
�
Defines "candidate".

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