Hawaii 2022 Regular Session

Hawaii Senate Bill SB61 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 61 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:
2	2
3	3	THE SENATE S.B. NO. 61
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	61
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2021
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to condominiums.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	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 Statutory material to be repealed is bracketed and stricken.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: _____________________________
48	48
49	49	SECTION 1. Section 514B-123, Hawaii Revised Statutes, is amended as follows:
50	50
51	51	1. By amending subsection (e) to read:
52	52
53	53	"(e) If a proxy is a standard proxy form authorized by the association, the proxy shall comply with the following additional requirements:
54	54
55	55	(1) The proxy shall contain boxes wherein the owner may indicate that the proxy is given:
56	56
57	57	(A) For quorum purposes only;
58	58
59	59	(B) To the individual whose name is printed on a line next to this box;
60	60
61	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
62	62
63	63	[ (D)] (C) To those directors present at the meeting with the vote to be shared with each director receiving an equal percentage;
64	64
65	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
66	66
67	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."
68	68
69	69	2. By amending subsection (j) to read:
70	70
71	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."
72	72
73	73	SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
74	74
75	75	SECTION 3. This Act shall take effect upon its approval.
76	76
77	77
78	78
79	79	INTRODUCED BY: _____________________________
80	80
81	81	INTRODUCED BY:
82	82
83	83	_____________________________
84	84
85	85
86	86
87	87
88	88
89	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.
90	90
91	91
92	92
93	93
94	94
95	95	Report Title:
96	96
97	97	Condominium Associations; Proxy Voting
98	98
99	99
100	100
101	101	Description:
102	102
103	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.
104	104
105	105
106	106
107	107
108	108
109	109
110	110
111	111	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.