Hawaii 2022 Regular Session

Hawaii House Bill HB221 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HOUSE OF REPRESENTATIVES H.B. NO. 221 THIRTY-FIRST LEGISLATURE, 2021 ~~H.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO CONDOMINIUMS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 221 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to condominiums. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		HOUSE OF REPRESENTATIVES H.B. NO. 221
4		-	THIRTY-FIRST LEGISLATURE, 2021 ~~H.D. 1~~
	4	+	THIRTY-FIRST LEGISLATURE, 2021
5	5		STATE OF HAWAII
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7	7		HOUSE OF REPRESENTATIVES
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9	9		H.B. NO.
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11	11		221
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13	13		THIRTY-FIRST LEGISLATURE, 2021
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15		-	~~H.D. 1~~
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		relating to condominiums.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. Section 514B-123, Hawaii Revised Statutes, is amended by amending subsection (j) to read ~~as follows~~: "(j) No managing agent [or], resident manager, or their employees, or the association's employees, shall solicit[, for use by the managing agent or resident manager,] any proxies from any unit owner of the association [that retains the managing agent or employs the resident manager], nor shall the managing agent or resident manager cast any proxy vote at any association meeting except for the purpose of establishing a quorum." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect ~~on January 1, 2050~~.
	47	+	SECTION 1. Section 514B-123, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (e) to read: "(e) If a proxy is a standard proxy form authorized by the association, the proxy shall comply with the following additional requirements: (1) The proxy shall contain boxes wherein the owner may indicate that the proxy is given: (A) For quorum purposes only; (B) To the individual whose name is printed on a line next to this box; [(C) To the board as a whole and that the vote is to be made on the basis of the preference of the majority of the directors present at the meeting;] or [ (D)] (C) To those directors present at the meeting with the vote to be shared with each director receiving an equal percentage; provided that if the proxy is returned with no box or more than one of the boxes in subparagraphs (A) through [(D)] (C) checked, the proxy shall be counted for quorum purposes only; and (2) The proxy form shall also contain a box wherein the owner may indicate that the owner wishes to obtain a copy of the annual audit report required by section 514B‑150." 2. By amending subsection (j) to read: "(j) No managing agent [or], resident manager, or their employees, or the association's employees, shall solicit[, for use by the managing agent or resident manager,] any proxies from any unit owner of the association [that retains the managing agent or employs the resident manager], nor shall the managing agent or resident manager cast any proxy vote at any association meeting except for the purpose of establishing a quorum." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49		-	SECTION 1. Section 514B-123, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:
	49	+	SECTION 1. Section 514B-123, Hawaii Revised Statutes, is amended as follows:
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	51	+	1. By amending subsection (e) to read:
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	53	+	"(e) If a proxy is a standard proxy form authorized by the association, the proxy shall comply with the following additional requirements:
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	55	+	(1) The proxy shall contain boxes wherein the owner may indicate that the proxy is given:
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	57	+	(A) For quorum purposes only;
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	59	+	(B) To the individual whose name is printed on a line next to this box;
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	61	+	[(C) To the board as a whole and that the vote is to be made on the basis of the preference of the majority of the directors present at the meeting;] or
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	63	+	[ (D)] (C) To those directors present at the meeting with the vote to be shared with each director receiving an equal percentage;
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	65	+	provided that if the proxy is returned with no box or more than one of the boxes in subparagraphs (A) through [(D)] (C) checked, the proxy shall be counted for quorum purposes only; and
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	67	+	(2) The proxy form shall also contain a box wherein the owner may indicate that the owner wishes to obtain a copy of the annual audit report required by section 514B‑150."
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	69	+	2. By amending subsection (j) to read:
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51	71		"(j) No managing agent [or], resident manager, or their employees, or the association's employees, shall solicit[, for use by the managing agent or resident manager,] any proxies from any unit owner of the association [that retains the managing agent or employs the resident manager], nor shall the managing agent or resident manager cast any proxy vote at any association meeting except for the purpose of establishing a quorum."
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53	73		SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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55		-	SECTION 3. This Act shall take effect ~~on January 1, 2050~~.
	75	+	SECTION 3. This Act shall take effect upon its approval.
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57		-	Report Title: Condominium Associations; Association Meetings; Proxy Voting Description: Clarifies that no managing agent, resident manager, or their employees, or the association's employees, shall solicit any proxies from any unit owner in the condominium association. Effective 1/1/2050. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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	79	+	INTRODUCED BY: _____________________________
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	81	+	INTRODUCED BY:
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	83	+	_____________________________
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	89	+	Report Title: Condominium Associations; Proxy Voting Description: Amends the requirements for a condominium association's standard proxy form by deleting the option for a condominium owner to give the proxy to the board as a whole. Clarifies that no managing agent, resident manager, or their employees, or the association's employees, shall solicit any proxies from any unit owner of the association. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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61	95		Report Title:
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63		-	Condominium Associations; ~~Association Meetings;~~ Proxy Voting
	97	+	Condominium Associations; Proxy Voting
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67	101		Description:
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69		-	Clarifies that no managing agent, resident manager, or their employees, or the association's employees, shall solicit any proxies from any unit owner in the ~~condominium~~ association. ~~Effective 1/1/2050. (HD1)~~
	103	+	Amends the requirements for a condominium association's standard proxy form by deleting the option for a condominium owner to give the proxy to the board as a whole. Clarifies that no managing agent, resident manager, or their employees, or the association's employees, shall solicit any proxies from any unit owner of the association.
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77	111		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.