HB2110.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	2110
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

Relating to planned community associations.

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

SECTION 1. The legislature finds that technological advances now allow anyone to easily video record public meetings. Since this technology is widely available, the legislature finds that members of planned community associations that are registered with the State should be permitted to video record association meetings so that these recordings may be made available to other members who are unable to attend.

The purpose of this Act is to permit the video recording of planned community association meetings.

SECTION 2. Section 421J-5, Hawaii Revised Statutes, is amended to read as follows:

"§421J-5 Meetings of the board of directors; committee or subcommittee. (a) All meetings of the board of directors, other than executive sessions, shall be open to all members to provide input on the matters being discussed. Members who are not on the board of directors may participate in any deliberation or discussion, other than during executive sessions, unless a majority of a quorum of the board of directors votes otherwise.

(b) The board of directors shall meet at least once each year.

(c) The board of directors, with the approval of a majority of a quorum of its members, may adjourn any meeting and reconvene in executive session to discuss and vote upon matters concerning personnel, litigation in which the association is or may become involved, or as may be necessary to protect the attorney-client privilege of the association. The general nature of any business to be considered in executive session shall be first announced in the regular session.

(d) No board member shall vote by proxy at board meetings.

(e) A director who has a conflict of interest on any issue before the board shall disclose the nature of the conflict of interest prior to a vote on that issue at the board meeting, and the minutes of the meeting shall record the fact that a disclosure was made.

(f) The board may appoint committees or subcommittees to review and consider any specific matters, and may alter or eliminate the committees or subcommittees; provided that the board in the minutes of the meeting at which the action was taken to appoint the committee or subcommittee shall:

(1) Report that the committee or subcommittee was appointed;

(2) Identify the members of the committee or subcommittee; and

(3) Describe the matter that the committee or subcommittee is to review and consider.

(g) Minutes of the meetings of the board of directors shall include the recorded vote of each board member present on all motions except motions voted upon in executive session.

(h) Association members may record meetings of the association or the board of directors, other than executive sessions, by video or other electronic means; provided that:

(1) Association bylaws do not prohibit the recording of meetings;

(2) The board of directors is notified of a member's intent to record the meeting prior to the commencement of recording; and

(3) The recording is made for the private personal use of the member making the recording or another association member."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________