THE SENATE	S.B. NO.	2624
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CONDOMINIUMS.

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

SECTION 1. Section 514A-83.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Owners shall also be permitted to view proxies, tally sheets, ballots, owners' check‑in lists, and the certificate of election for a period of thirty days following any association meeting; provided:

(1) That the board may require owners to furnish to the association a duly executed and acknowledged affidavit stating that the information is requested in good faith for the protection of the interest of the association or its members or both; and

(2) That owners pay for administrative costs in excess of [eight] forty hours per year.

Proxies and ballots may be destroyed [following the thirty-day period.] five years after the association meeting. Copies of tally sheets, owners' check‑in lists, and the certificates of election from the most recent association meeting shall be provided to any owner upon the owner's request; provided that the owner pay a reasonable fee for duplicating, postage, stationery, and other administrative costs associated with handling the request."

SECTION 2. Section 514A-85, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) No person shall knowingly make any false certificate, entry, or memorandum upon any of the books or records of any managing agent or association. No person shall knowingly alter, destroy, mutilate, or conceal any books or records of a managing agent or association. The acts prohibited by this subsection shall be punishable as forgery in the third decree under section 708-853 or as obstruction of justice under section 710-1072.5, as applicable."

SECTION 3. Section 514B-154, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (c) to read:

"(c) After any association meeting, and not earlier, unit owners shall be permitted to examine proxies, tally sheets, ballots, owners' check-in lists, and the certificate of election; provided that:

(1) Owners shall make a request to examine the documents within thirty days after the association meeting;

(2) The board may require owners to furnish to the association a duly executed and acknowledged affidavit stating that the information is requested in good faith for the protection of the interest of the association or its members or both; and

(3) Owners shall pay for administrative costs in excess of [eight] forty hours per year.

[If there are no requests to examine proxies and ballots, the] The documents may be destroyed [thirty days] five years after the association meeting. [If there are requests to examine proxies and ballots, the documents shall be kept for an additional sixty days, after which they may be destroyed.] Copies of tally sheets, owners' check-in lists, and the certificates of election from the most recent association meeting shall be provided to any owner upon the owner's request; provided that the owner pays a reasonable fee for duplicating, postage, stationery, and other administrative costs associated with handling the request."

2. By amending subsection (i) to read:

"(i) No person shall knowingly make any false certificate, entry, or memorandum upon any of the books or records of any managing agent or association. No person shall knowingly alter, destroy, mutilate, or conceal any books or records of a managing agent or association. The acts prohibited by this subsection shall be punishable as forgery in the third degree under section 708-853 or as obstruction justice under section 710-1072.5, as applicable."

SECTION 4. Section 710-1072.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of obstruction of justice if the person intentionally engages in the following conduct:

(a) When called as a witness and having been granted immunity pursuant to chapters 480 and 621C before or after having been qualified as a witness, shall refuse to testify or be qualified as a witness when duly directed to testify or be qualified as a witness[.]; or

(b) When knowingly making any false certificate, entry, or memorandum upon any of the books or records of any managing agent or association or when knowingly altering, destroying, mutilating, or concealing any books or records of a managing agent or association, under section 514A-85(d) or 514B-154(i)."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Condominiums; Voting Documents; Administrative Costs; Retention; Association Books and Records

Description:

Requires owners to pay for administrative costs, related to voting documents, in excess of forty hours per year. Requires proxies and ballots to be retained for five years. Criminalizes knowingly making any false certificate, entry, or memorandum upon any of the books or records of any managing agent or association and knowingly altering, destroying, mutilating, or concealing any books or records of a managing agent or association.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.