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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2562 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COMMON INTEREST COMMUNITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 421J, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§421J- Board;
resignation. A member of the
board of directors may resign from the board at any time by:
(1) Delivering
written notice of resignation to the association's property manager, board of
directors, president, or secretary;
(2) Communicating
the notice of resignation by electronic mail to the association's property
manager, board of directors, president, or secretary at the electronic mailing
address designated in writing by the person receiving the electronic mail; or
(3) Providing
notice during a meeting orally or in writing.
A resignation is
effective when the notice is received, unless the notice specifies a later
effective date. If a resignation is made
effective at a later date, the board may fill the pending vacancy before the
effective date if the board provides that the successor does not take office
until the effective date.
§421J- Board; vacancies. Notwithstanding any provision in any
association documents to the contrary, the board may only fill vacancies in its
membership to serve until the next annual association meeting or duly noticed
special association meeting. Notice of a
special association meeting to fill vacancies shall include notice of the
election. Any special association
meeting to fill vacancies shall be held on a date that allows sufficient time
for owners to declare their intentions to run for election and to solicit
proxies for that purpose."
SECTION 2. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§514B- Board;
resignation. A member of the
board of directors may resign from the board at any time by:
(1) Delivering
written notice of resignation to the association's property manager, board of
directors, president, or secretary;
(2) Communicating
the notice of resignation by electronic mail to the association's property
manager, board of directors, president, or secretary at the electronic mailing
address designated in writing by the person receiving the electronic mail; or
(3) Providing
notice during a meeting orally or in writing.
A resignation is effective when the notice is received, unless the notice specifies a later effective date. If a resignation is made effective at a later date, the board may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Common Interest Communities; Planned Community Associations; Condominium Associations; Resignation; Vacancies; Board of Directors
Description:
Specifies the manner in which a member of a board of a planned community association or condominium association may resign. Limits a planned community association board's ability to fill a vacancy. Effective 7/1/2050. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.