THE SENATE	S.B. NO.	236
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

relating to common interest communities.

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

SECTION 1. The legislature finds the occurrence of the coronavirus disease 2019 (COVID-19) pandemic has demonstrated a need to provide condominiums and planned community associations with greater flexibility in governance during any period in which a state of emergency is in effect. Accordingly, the purpose of this Act is to authorize electronic meetings and electronic or machine voting for planned community associations and condominiums during any period in which a state of emergency declared pursuant to chapter 127A, Hawaii Revised Statutes, is in effect in the county in which the condominium or association is located, regardless of what the association documents provide.

SECTION 2. Section 421J-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§421J-6[]] Robert's Rules of Order[.]; state of emergency. All association and board of directors meetings shall be conducted in accordance with the most current edition of Robert's Rules of Order, Newly Revised[.]; provided that associations shall allow for electronic meetings and electronic or machine voting during any period in which a state of emergency, declared pursuant to chapter 127A, is in effect in the county in which the association is located, regardless of what the association documents otherwise provide."

SECTION 3. Section 514B-121, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:

"(e) All association meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised. If so provided in the declaration or bylaws, meetings may be conducted by any means that allow participation by all unit owners in any deliberation or discussion[.]; provided, however, that electronic meetings and electronic or machine voting shall be authorized during any period in which a state of emergency, declared pursuant to chapter 127A, is in effect in the county in which the condominium is located, regardless of what the declaration or bylaws provide.

(f) All association meetings shall be held at the address of the condominium or elsewhere within the State as determined by the board; provided that in the event of a natural disaster[,] or during a declared state of emergency, such as a hurricane, an association meeting may be held outside the State."

SECTION 4. Section 514B-125, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) All board meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised. [Unless otherwise provided in the declaration or bylaws, a] A board may permit any meeting to be conducted by any means of communication through which all directors participating may simultaneously hear each other during the meeting[.] unless otherwise provided in the declaration or bylaws; provided that a board may so meet during any period in which a state of emergency, declared pursuant to chapter 127A, is in effect in the county in which the condominium is located, regardless of what the declaration or bylaws provide. A director participating in a meeting by this means is deemed to be present in person at the meeting. If permitted by the board, any unit owner may participate in a meeting conducted by a means of communication through which all participants may simultaneously hear each other during the meeting, provided that the board may require that the unit owner pay for the costs associated with the participation."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Planned Community Associations; Condominiums; Electronic Meetings; Electronic Voting; State of Emergency

Description:

Clarifies association documents, declarations, and bylaws shall be deemed to authorize electronic meetings and electronic or machine voting during any period in which a state of emergency, declared pursuant to chapter 127A, Hawaii Revised Statutes, is in effect in the county in which the association or condominium is located, regardless of what the association documents, declarations, or bylaws otherwise provide.

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