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THE SENATE |
S.B. NO. |
2662 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.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-110, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h)
This section shall not preclude the removal and replacement of any one or more
members of the board pursuant to section 514B‑106(f)[.]; provided that any director
elected by a class of unit owners may be removed or replaced only by a vote of
a majority of the common interest represented by that class. Any removal
and replacement shall not affect the proportionate composition of the board as
prescribed in the bylaws as amended pursuant to this section."
SECTION 2. Section 514B-123, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
No votes allocated to a unit owned by the association may be cast for the
election or reelection of directors[.]; provided that,
notwithstanding section 514B-106(b) or any provision in an association's
declaration or bylaws to the contrary, in a mixed-use project containing units
for residential and nonresidential use, if directors representing residential
units are elected by owners of residential units and directors representing
nonresidential units are elected by owners of nonresidential units, the votes
allocated to any nonresidential unit owned by the association may be cast for
the election or reelection of directors by the association, acting by and
through the association's board of directors."
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 Statutory material to be repealed is bracketed and stricken.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.
Report Title:
Condominium; Associations; Board of Directors; Mixed-use Projects; Elections
Description:
Clarifies that the removal or replacement of a director elected by a class of unit owners shall be by a majority of only the members of that class. Authorizes an association to cast a vote for the election or reelection of directors when the association owns a nonresidential unit in a mixed-use condominium project in which the directors representing residential units are elected by owners of residential units and the directors representing nonresidential units are elected by owners of nonresidential units. (SD1)
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