Bill Text: HI HB93 | 2012 | Regular Session | Introduced
Bill Title: Condominium Board of Directors; Membership
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB93 Detail]
Download: Hawaii-2012-HB93-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
93 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to condominiums.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 514B-106, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:
"(e)
Not later than the termination of any period of developer control, the unit
owners shall elect a board of at least three members; provided that [projects]:
(1) Except as provided in
paragraph (3), projects created after May 18, 1984, with one hundred
or more individual units, shall have an elected board of at least nine members
unless the membership has amended the bylaws to reduce the number of directors;
[and provided further that projects]
(2) Except as provided in
paragraph (3), projects with more than one hundred individual units where
at least seventy per cent of the unit owners do not reside at the project may amend
the bylaws to reduce the board to as few as five members by the written consent
of a majority of owners or the vote of a majority of a quorum at any annual
meeting or special meeting called for that purpose[.]; and
(3) Projects with more than seventy-five individual units that include nonresidential units, and more than twenty-five individual owners shall have an elected board of at least nine members representing residential and nonresidential units on the board in proportion to the number of such units in the project; provided further that no more than three board members shall represent nonresidential units; provided further that this paragraph shall not apply to time share units.
The association may rely on its membership records in determining whether a unit is owner-occupied. A decrease in the number of directors shall not deprive an incumbent director of any remaining term of office.
(f)
At any regular or special meeting of the association, any member of the board
may be removed and successors shall be elected for the remainder of the term to
fill the vacancies thus created. The removal and replacement shall be by a
vote of a majority of the unit owners and[, otherwise,] cumulative
voting shall not be permitted. Otherwise, the removal and replacement shall be
in accordance with all applicable requirements and procedures in the bylaws for
the removal and replacement of directors and, if removal and replacement is to
occur at a special meeting, section 514B‑121(b)."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on the three hundred and sixty-fifth day after the day of its approval.
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INTRODUCED BY: |
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Report Title:
Condominium Board of Directors; Membership
Description:
Requires proportionate representation of residential and nonresidential units on boards of mixed-use condominiums having more than 75 units and 25 owners. Prohibits cumulative voting when removing and replacing condominium board members.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
