Section 16-106-58 - Voting rights for apartment units designated or sold as time share units(a) The time share instruments creating or regulating any time share plan in a condominium project or apartment building shall include provisions governing: (1) Voting rights of each time share owner in the time share owners association;(2) The manner in which each time share unit's vote in the association of apartment owners shall be cast by the owners of the time share unit;(3) The voting rights of a time share purchaser under an agreement of sale;(4) Whether meetings of the board of directors of the time share owners association shall be open to all members of the time share owners association;(5) The use of proxies; and(6) The maintenance of a membership list of the members of the time share owners association; Provided that if the time share plan is created in a condominium project, these provisions shall be subject to the provisions of the condominium project's declaration of horizontal property regime and bylaws.
(b) Notwithstanding anything to the contrary contained in the time share instruments, voting rights in the time share owners association may be exercised only by owners of time share interests (or by the holders of their proxies) and no voting rights shall attach or be allocated to lobby areas, swimming pools, recreation areas, saunas, storage areas, hallways, trash chutes, laundry chutes, and other similar areas located outside apartments.[Eff and comp 3/28/85; am and comp 8/30/85; comp 11/29/85; comp 6/5/87; comp 3/7/88; comp 9/15/90] (Auth: HRS §§ 514E-6.5, 514E-13) (Imp: HRS § 514E-6.5)