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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1247 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to planned community associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 421J-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§421J-3[]] Board of
directors. (a) Every member of the board of directors shall be a member
of the association. However, a developer may appoint or elect directors
pursuant to any special voting rights or power of appointment reserved to the
master developer.
(b) The board of directors shall be composed of the number and group of persons specified in the association documents. There shall not be more than one representative on the board of directors from any one unit that is owned by any person other than the master developer or declarant.
(c) No director shall serve more than two consecutive terms of office."
SECTION 2. Section 421J-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Any board of directors that uses association funds to distribute proxies that include the election of directors shall first post notice of its intent to distribute proxies in prominent locations within the project at least thirty days prior to its distribution of proxies; provided that if the board receives within seven days of the posted notice a request by any owner for nomination to the board accompanied by a statement, the board shall mail to all owners, by certified mail, along with a postage-paid self-addressed envelope, either:
(1) A proxy form containing the names of all owners who have requested nomination to the board accompanied by their statements; or
(2) A proxy form containing no names, but accompanied
by a list of names of all owners who have requested nomination to the board and
their statements[.]; provided that proxies shall be used only for
determining quorum, and shall not be used for allocating votes to any
particular candidate.
The statement, which shall be limited to
black text on white paper, shall not exceed [one hundred words,] one
single-sided 8-1/2" x 11" page, indicating the owner's
qualifications to serve on the board and reasons for wanting to receive
proxies. In addition, a questionnaire approved by the board may accompany
the notice of intent to distribute proxies. The questionnaire shall not exceed
one single-sided 8-1/2" x 11" page and shall be distributed to all
board nominees, who shall have at least seven days to complete the questionnaire
at their discretion. Responses may be written on the questionnaire or on one
side of a separate 8-1/2" x 11" page. The board of directors shall
include a nominee's responses to the questionnaire with the documents mailed to
all owners under paragraphs (1) and (2), and may print the responses either on
the back of the nominee's statement or separately."
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.
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INTRODUCED BY: |
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Report Title:
Planned Community Associations
Description:
Limits directors to a maximum of 2 consecutive terms of office. Updates guidelines for proxy mailing and proxy forms. Allows inclusion of questionnaire to accompany notice of intent to distribute proxies.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.