Bill Text: HI HB2562 | 2020 | Regular Session | Amended
Bill Title: Relating To Common Interest Communities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-06-24 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [HB2562 Detail]
Download: Hawaii-2020-HB2562-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2562 |
|
THIRTIETH LEGISLATURE, 2020 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
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 a signed
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; provided
that an electronic signature is attached to the electronic mail; or
(3) Providing
notice during a meeting 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; provided that the successor does not take office until the effective date.
For purposes
of this section, "electronic signature" means a method of signing an electronic
message that identifies a particular person as the source of the message and indicates
the person's approval of the information contained in the message.
§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 a signed
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; provided
that an electronic signature is attached; or
(3) Providing notice
during a meeting 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; provided
that the successor does not take office until the effective date.
For purposes of this section, "electronic signature" means a method of signing an electronic message that identifies a particular person as the source of the message and indicates the person's approval of the information contained in the message."
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. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
