Report Title:
Proxy Voting for Board Members; Elimination
Description:
Provides for the direct election of the board of directors of planned community associations by the elimination of proxy voting.
THE SENATE |
S.B. NO. |
1343 |
TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to proxies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 421J-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§421J-4[]] Proxies. (a) A proxy shall be in writing and shall be valid for only a specified meeting of the association and any adjournments of that meeting.
(b) A member of the association may give a proxy to any person or the board of directors as an entity, and the proxy may be limited as indicated by the member. No proxy shall be irrevocable unless:
(1) The proxy is coupled with a financial interest in the unit; or
(2) The proxy is held pursuant to a first mortgage of record encumbering a unit or an agreement of sale affecting a unit.
(c) [A proxy, to be valid, must:] To be valid a proxy 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 name and signature of the person or persons giving the proxy, the unit or units 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.
(d) An association shall allow the voting of proxies in accordance with this section, except when voting for the election of members to its board of directors, in which case:
(1) A proxy given for a specified meeting in which one or more directors are to be elected shall only be valid for quorum purposes and any other matters before the association but shall not be counted for election purposes;
(2) Before the annual meeting of the association, the association shall solicit nominations for board positions that are open for election;
(3) The association shall make available to any member who desires to place their name in nomination a listing of the membership with addresses for campaign purposes in either hard copy or machine readable form at no cost to that candidate at the candidate's request;
(4) The nominations, together with resumes and statements written by the nominees, shall be included in the notice of annual meeting packet that is mailed to the membership, and the membership shall elect the board members from those nominations by indicating their choice on the ballot supplied within the annual meeting packet. This ballot shall be mailed back to the association along with the quorum proxy;
(5) A plurality of votes cast shall determine the winners-at-large or from the district. Blank votes shall not be counted in determining the number of votes cast; and
(6) The real estate commission shall be responsible for the enforcement of this section."
SECTION 2. Section 467-4, Hawaii Revised Statutes, is amended to read as follows:
"§467-4 Powers and duties of commission. In addition to any other powers and duties authorized by law, the real estate commission shall:
(1) Grant licenses, registrations, and certificates pursuant to this chapter;
(2) Adopt, amend, or repeal rules as it may deem proper to effectuate this chapter and carry out its purpose, which is the protection of the general public in its real estate transactions. All rules shall be approved by the governor and the director of commerce and consumer affairs, and when adopted pursuant to chapter 91 shall have the force and effect of law. The rules may forbid acts or practices deemed by the commission to be detrimental to the accomplishment of the purpose of this chapter, and the rules may require real estate brokers and salespersons to complete educational courses or to make reports to the commission containing items of information as will better enable the commission to enforce this chapter and the rules, or as will better enable the commission from time to time to amend the rules to more fully effect the purpose of this chapter, and, further, the rules may require real estate brokers and salespersons to furnish reports to their clients containing matters of information as the commission deems necessary to promote the purpose of this chapter. This enumeration of specific matters that may properly be made the subject of rules shall not be construed to limit the commission's broad general power to make all rules necessary to fully effectuate the purpose of this chapter;
(3) Enforce this chapter and rules adopted pursuant thereto;
(4) Suspend, fine, terminate, or revoke any license, registration, or certificate for any cause prescribed by this chapter, or for any violation of the rules, and may also require additional education or re- examination, and refuse to grant any license, registration, or certificate for any cause that would be a ground for suspension, fine, termination, or revocation of a license, registration, or certificate;
(5) Report to the governor and the legislature relevant information that shall include but not be limited to a summary of the programs and financial information about the trust funds, including balances and budgets, through the director of commerce and consumer affairs annually, before the convening of each regular session, and at other times and in other manners as the governor or the legislature may require concerning its activities;
(6) Publish and distribute pamphlets and circulars, produce seminars and workshops, hold meetings in all counties, and require other education regarding any information as is proper to further the accomplishment of the purpose of this chapter;
(7) Enter into contract or contracts with qualified persons to assist the commission in effectuating the purpose of this chapter; [and]
(8) Establish standing committees to assist in effectuating this chapter and carry out its purpose, which shall meet not less often than ten times annually, and shall from time to time meet in each of the counties[.]; and
(9) Enforce section 421J-4."
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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