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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2812 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
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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 514B-106, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:
"(e) Not later than the termination of any
period of developer control, the unit owners shall elect a board of at least
three members; provided that [projects]:
(1) Except as provided in paragraph (3), projects created after May 18, 1984, with one
hundred or more individual units, shall have an elected board of at least nine
members unless the membership has amended the bylaws to reduce the number of
directors; [and provided further that projects]
(2) Except as provided in paragraph (3), projects with more than one hundred individual units
where at least seventy per cent of the unit owners do not reside at the project
may amend the bylaws to reduce the board to as few as five members by
the written consent of a majority of owners or the vote of a majority of a
quorum at any annual meeting or special meeting called for that purpose. The
association may rely on its membership records in determining whether a unit is
owner-occupied. A decrease in the number of directors shall not deprive an
incumbent director of any remaining term of office[.]; and
(3) Projects with more than seventy-five residential-use and nonresidential-use individual units and more than twenty-five individual owners shall have an elected board of at least nine members reflecting the proportionate number of units for residential and nonresidential uses; provided that no more than three board members shall represent nonresidential-use units; and provided further that this paragraph shall not apply to time share units.
(f) At any
regular or special meeting of the association, any member of the board may be
removed and successors shall be elected for the remainder of the term to fill
the vacancies thus created. The removal and replacement shall be by a vote of
a majority of the unit owners and[, otherwise,] cumulative voting
shall not be permitted. Otherwise, the removal and replacement shall be in
accordance with all applicable requirements and procedures in the bylaws for
the removal and replacement of directors and, if removal and replacement is to
occur at a special meeting, section 514B-121(b)."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect three hundred sixty-five days after its approval.
Report Title:
Condominium Association Board of Directors; Members
Description:
Establishes a minimum number of members for condominium association boards of directors for mixed-use condominiums with a certain number of units and owners. (HB2812 HD1)
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