Bill Text: HI HB575 | 2015 | Regular Session | Introduced
Bill Title: Condominium; Notice
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced - Dead) 2015-02-09 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB575 Detail]
Download: Hawaii-2015-HB575-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
575 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to condominiums.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 514A-83.3, Hawaii Revised Statutes, is amended to read as follows:
"§514A‑83.3 Membership list. The resident manager [or],
managing agent, or board of directors shall keep an accurate and current
list of members of the association of apartment owners and their current
addresses and email addresses and the names and addresses of the vendees
under an agreement of sale, if any. The list shall be maintained at a place
designated by the board of directors and a copy shall be available, at cost, to
any member of the association as provided in the declaration or bylaws or rules
and regulations or, in any case, to any member who furnishes to the resident
manager or managing agent or board of directors a duly executed and
acknowledged affidavit stating that the list:
(1) Shall
be used by such owner personally and only for the purpose of soliciting votes
or proxies or providing information to other owners with respect to association
matters[,]; and
(2) Shall not be used by such owner or furnished to anyone else for any other purpose.
No board of directors shall adopt any rule prohibiting the solicitation of proxies or distribution of materials relating to association matters on the common elements by apartment owners; provided that a board of directors may adopt rules regulating reasonable time, place, and manner of such solicitations or distributions, or both. A board of directors may prohibit commercial solicitations."
SECTION 2. Section 514B-153, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The managing agent, resident manager, or board shall keep an
accurate and current list of members of the association and their current
addresses[,] and email addresses and the names and addresses of
the vendees under an agreement of sale, if any. The list shall be maintained
at a place designated by the board, and a copy shall be available, at cost, to
any member of the association as provided in the declaration or bylaws or rules
and regulations or, in any case, to any member who furnishes to the managing agent
or resident manager or the board a duly executed and acknowledged affidavit
stating that the list:
(1) Will be used by the owner personally and only for the purpose of soliciting votes or proxies or providing information to other owners with respect to association matters; and
(2) Shall not be used by the owner or furnished to anyone else for any other purpose.
A board may prohibit commercial solicitations.
Where the condominium project or any units within the project are subject to a time share plan under chapter 514E, the association shall only be required to maintain in its records the name and address of the time share association as the representative agent for the individual time share owners unless the association receives a request by a time share owner to maintain in its records the name and address of the time share owner."
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: |
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Report Title:
Condominium; Notice
Description:
Requires resident managers, managing agents, and condominium association boards to keep a record of the email addresses of condominium association members.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.