Bill Text: HI HB2159 | 2012 | Regular Session | Introduced

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Bill Title: Condominiums; Proxy; Errors

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-02-15 - (H) The committee(s) on HSG recommend(s) that the measure be deferred. [HB2159 Detail]

Download: Hawaii-2012-HB2159-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2159
TWENTY-SIXTH LEGISLATURE, 2012
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 514A-83.2, Hawaii Revised Statutes, is amended to read as follows:

     "§514A‑83.2  Proxies.  (a)  A proxy, to be valid, shall:

     (1)  Be delivered to the secretary of the association of apartment owners or the managing agent, if any, no later than 4:30 p.m. on the second business day prior to the date of the meeting to which it pertains;

     (2)  Contain at least the name of the association of apartment owners, the date of the meeting of the association of apartment owners, the printed names and signatures of the persons giving the proxy, the apartments for which the proxy is given, and the date that the proxy is given; and

     (3)  Contain boxes wherein the owner has indicated 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 of directors as a whole and that the vote be made on the basis of the preference of the majority of the board; or

         (D)  To those directors present at the meeting and the vote to be shared with each board member receiving an equal percentage.

     (b)  A proxy shall only be valid for the meeting to which the proxy pertains and its adjournments, may designate any person as proxy, and may be limited as the apartment owner desires and indicates; provided that no proxy shall be irrevocable unless coupled with a financial interest in the unit.

     (c)  No board of directors or member of the board shall use association funds to solicit proxies except for the distribution of proxies as set forth in section 514A-82(b)(4); provided that this shall not prevent an individual member of the board from soliciting proxies as an apartment owner under section [[]514A‑82(b)(4)[]].

     (d)  A copy, facsimile telecommunication, or other reliable reproduction of a proxy may be used in lieu of the original proxy for any and all purposes for which the original proxy could be used; provided that any copy, facsimile telecommunication, or other reproduction shall be a complete reproduction of the entire original proxy.

     (e)  Nothing in this section shall affect the holder of any proxy under a first mortgage of record encumbering an apartment or under an agreement of sale affecting an apartment.

     (f)  Notwithstanding any provision to the contrary, if, following a vote by the association, an error is discovered in any proxy given in relation to that vote, the board, within forty-five days of the discovery of the error, shall:

     (1)  Institute an adequate remedy; or

     (2)  Hold another vote to decide the issue on the original ballot.

     If no remedy or subsequent vote on the issue is instituted within forty-five days of the discovery of the error, the results of the vote shall be invalid.

     (g)  If an error in any proxy is discovered more than one hundred twenty days after the date of a vote, the results of that vote shall stand."

     SECTION 2.  Section 514B-123, Hawaii Revised Statutes, is amended to read as follows:

     "§514B-123  Association meetings; voting; proxies.  (a)  If only one of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit.  If more than one of the owners is present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration or bylaws expressly provide otherwise.  There is majority agreement if any one of the owners casts the votes allocated to that unit without protest being made by any of the other owners of the unit to the person presiding over the meeting before the polls are closed.

     (b)  Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner.  A unit owner may vote by mail or electronic transmission through a duly executed proxy.  If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy.  In the absence of protest, any owner may cast the votes allocated to the unit by proxy.  A unit owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the secretary of the association or the managing agent.  A proxy is void if it purports to be revocable without notice.

     (c)  No votes allocated to a unit owned by the association may be cast for the election or reelection of directors.

     (d)  A proxy, to be valid, shall:

     (1)  Be delivered to the secretary of the association or the managing agent, if any, no later than 4:30 p.m. on the second business day prior to the date of the meeting to which it pertains;

     (2)  Contain at least the name of the association, the date of the meeting of the association, the printed names and signatures of the persons giving the proxy, the unit numbers for which the proxy is given, the names of persons to whom the proxy is given, and the date that the proxy is given; and

     (3)  If it is a standard proxy form authorized by the association, contain boxes wherein the owner has indicated 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.

          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.

     (e)  A proxy shall only be valid for the meeting to which the proxy pertains and its adjournments, may designate any person as proxy, and may be limited as the unit owner desires and indicates; provided that no proxy shall be irrevocable unless coupled with a financial interest in the unit.

     (f)  A copy, facsimile telecommunication, or other reliable reproduction of a proxy may be used in lieu of the original proxy for any and all purposes for which the original proxy could be used; provided that any copy, facsimile telecommunication, or other reproduction shall be a complete reproduction of the entire original proxy.

     (g)  Nothing in this section shall affect the holder of any proxy under a first mortgage of record encumbering a unit or under an agreement of sale affecting a unit.

     (h)  With respect to the use of association funds to distribute proxies:

     (1)  Any board that intends to use association funds to distribute proxies, including the standard proxy form referred to in subsection (d)(3), shall first post notice of its intent to distribute proxies in prominent locations within the project at least twenty-one days before its distribution of proxies.  If the board receives within seven days of the posted notice a request by any owner for use of association funds to solicit proxies accompanied by a statement, the board shall mail to all owners either:

         (A)  A proxy form containing the names of all owners who have requested the use of association funds for soliciting proxies accompanied by their statements; or

         (B)  A proxy form containing no names, but accompanied by a list of names of all owners who have requested the use of association funds for soliciting proxies and their statements.

          The statement, which shall be limited to black text on white paper, shall not exceed one single-sided 8‑1/2" x 11" page, indicating the owner's qualifications to serve on the board or reasons for wanting to receive proxies; and

     (2)  A board or member of the board may use association funds to solicit proxies as part of the distribution of proxies.  If a member of the board, as an individual, seeks to solicit proxies using association funds, the board member shall proceed as a unit owner under paragraph (1).

     (i)  No managing agent or resident manager, or their employees, shall solicit, for use by the managing agent or resident manager, any proxies from any unit owner of the association that retains the managing agent or employs the resident manager, nor shall the managing agent or resident manager cast any proxy vote at any association meeting except for the purpose of establishing a quorum.

     (j)  No board shall adopt any rule prohibiting the solicitation of proxies or distribution of materials relating to association matters on the common elements by unit owners; provided that a board may adopt rules regulating reasonable time, place, and manner of the solicitations or distributions, or both.

     (k)  Notwithstanding any provision to the contrary, if, following a vote by the association, an error is discovered in any proxy given in relation to that vote, the board, within forty-five days of the discovery of the error, shall:

     (1)  Institute an adequate remedy; or

     (2)  Hold another vote to decide the issue on the original ballot.

     If no remedy or subsequent vote on the issue is instituted within forty-five days of the discovery of the error, the results of the vote shall be invalid.

     (l)  If an error in any proxy is discovered more than one hundred twenty days after the date of a vote, the results of that vote shall stand."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Condominiums; Proxy; Errors

 

Description:

Provides for remedies in the event of the discovery of an error in any proxy.

 

 

 

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