Bill Text: HI SB784 | 2022 | Regular Session | Amended

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Bill Title: Relating To Association Governance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB784 Detail]

Download: Hawaii-2022-SB784-Amended.html

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THE SENATE	S.B. NO.	784
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ASSOCIATION GOVERNANCE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 421J-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§421J-3.5  Notice required; regular annual and special meetings.[]]  (a)  Not less than fourteen days in advance of any regular annual meeting or special meeting of an association, the secretary or other officer specified in the bylaws shall give written notice of the meeting to each member of the association as provided in the bylaws of the association or by two or more of the following means:

     (1)  Hand delivery;

     (2)  United States mail sent to the mailing address of each unit or to another mailing address designated in writing by the association member;

     (3)  Electronic mail to the electronic mailing address designated in writing by the association member; or

     (4)  Posting of the meeting notice in its entirety on a portion of the association's website that is accessible to all members.

     (b)  Notice pursuant to this section shall state:

     (1)  The date, time, and place of the meeting; and

     (2)  The items on the agenda, including the general nature of and rationale for any proposed amendment to the declaration or bylaws; any proposal for a special assessment, unless the authority for a special assessment is otherwise provided for in the association's governing documents; and any proposal to remove a member of the board.

     (c)  The requirements of this section shall not be interpreted to preclude any association member from proposing an amendment to the declaration or bylaws or proposing to remove a member of the board at an association meeting.

     (d)  The requirements of this section shall not be interpreted to apply to any board meetings or committee meetings of a planned community association.

     (e)  In the event a state of emergency declared pursuant to chapter 127A is in effect in the county in which the association is located that prevents members from physically gathering for an annual meeting or special meeting, the association may conduct the annual or special meeting remotely and in a manner consistent with sections 414D-101(g) or 414D-102(f), as applicable."

     SECTION 2.  Section 514B-121, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  A meeting of the association shall be held at least once each year[.]; provided that, if a state of emergency declared pursuant to chapter 127A is in effect in the county in which the association is located that prevents unit owners from physically gathering for an annual or special meeting, the association may hold an electronic meeting in a manner that allows the board and any unit owner who wishes to participate in that meeting to communicate with each other."

     2.  By amending subsection (e) to read:

     "(e)  All association meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised.  [If so provided in the declaration or bylaws, meetings] Meetings may be conducted by any means that allow participation by all unit owners in any deliberation or discussion.  As provided in subsection (a), electronic meetings and electronic or mail voting shall be authorized during any period in which a state of emergency, declared pursuant to chapter 127A, is in effect in the county in which the association is located, regardless of what the declaration or bylaws provide."

     SECTION 3.  Section 514B-125, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

    "(d)  All board meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised.  [Unless otherwise provided in the declaration or bylaws, a] A board may permit any meeting to be conducted by any means of communication through which all directors participating may simultaneously hear each other during the meeting.  A director participating in a meeting by this means is deemed to be present in person at the meeting.  If permitted by the board, any unit owner may participate in a meeting conducted by a means of communication through which all participants may simultaneously hear each other during the meeting, provided that the board may require that the unit owner pay for the costs associated with the participation."

     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.

 

 

Report Title:

Association Meetings; Election of Board Members; Planned Community Associations; Condominium Associations; Electronic Meetings; State of Emergency

 

Description:

Allows the annual and special meetings and election of board members of planned community associations, and condominium associations to be conducted remotely by electronic meetings in the event a state of emergency declared pursuant to chapter 127, Hawaii Revised Statutes, is in effect in the county in which the corporation or association is located that prevents shareholders or members from physically gathering for a meeting.  (SD1)

 

 

 

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