STAND. COM. REP. NO.  577

Honolulu, Hawaii

                , 2017

RE:   H.B. No. 239

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Intrastate Commerce, to which was referred H.B. No. 239 entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

begs leave to report as follows:

The purpose of this measure is to provide clarity on voting by proxy at condominium association meetings by clarifying that when a proxy is returned with no boxes checked or more than one box checked, the proxy shall be deemed defective and will be counted for quorum purposes only.

Hawaii Council of Association of Apartment Owners, Hawaii Council of Community Associations, Associa, Hui Oia io, Hui Malama Hale, and four concerned individuals supported this measure.  The Hawaii Chapter of the Community Associations Institute, Hawaii State Association of Parliamentarians, and one concerned individual offered comments.

     Your Committee has amended this measure by:

     (1)  Removing language that would have deemed a proxy to be defective when the proxy is returned with no boxes checked or more than one box checked, and clarifying that such a proxy shall be used for quorum purposes only; and

     (2)  Changing its effective date to July 1, 2099, to promote further discussion.

     As affirmed by the record of votes of the members of your Committee on Intrastate Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 239, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 239, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Intrastate Commerce,

____________________________

TAKASHI OHNO, Chair