Haw. Rev. Stat. § 514B-121

Current through Chapter 253 of the 2024 Legislative Session
Section 514B-121 - Association meetings
(a) A meeting of the association shall be held at least once each year.

(b) All association meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised.
(c) Special meetings of the association may be called by the president, a majority of the board, or by a petition to the secretary or managing agent signed and dated by no less than twenty-five per cent of the unit owners as shown in the association's record of ownership; provided that if the secretary or managing agent fails to send out the notices for the special meeting within fourteen days of receipt of the petition, the petitioners shall have the authority to set the time, date, and place for the special meeting and to send out the notices and proxies for the special meeting at the association's expense in accordance with the requirements of the bylaws and of this part; provided further that a special meeting based upon a petition to the secretary or managing agent shall be set no later than sixty days from receipt of the petition. The petition shall be valid only if submitted within one hundred twenty days of the earliest signature.
(d) No less than fourteen days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be:
(1) Hand-delivered;
(2) Sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner; or
(3) At the option of the unit owner, expressed in writing, by electronic mail to the electronic mailing address designated in writing by the unit owner.

The notice of any meeting shall state the date, time, and place of the meeting and the items on the agenda, including the general nature and rationale of any proposed amendment to the declaration or bylaws, and any proposal to remove a member of the board; provided that this subsection shall not preclude any unit owner from proposing an amendment to the declaration or bylaws or to remove a member of the board at any annual association meeting.

(e) Notwithstanding any provision to the contrary in the association's declaration or bylaws , electronic meetings , electronic voting, and mail voting may be authorized by the board in its sole discretion:
(1) During any period in which a state of emergency or local state of emergency, declared pursuant to chapter 127A, is in effect in the county in which the condominium is located;
(2) For any association meeting for which notice was given while a state of emergency or local state of emergency, declared pursuant to chapter 127A, was in effect for the county in which the condominium is located but is no longer in effect as of the date of the meeting; provided that the meeting is held within sixty days of the date the notice was first given;

(3) When approved by adoption of a special meeting rule at an association meeting that permits the board to authorize electronic meetings, electronic voting, and mail voting;
(4) When approved no less than three months and no more than eighteen months before the electronic meeting, electronic voting, and mail voting by:
(A) Written consent of a majority of unit owners; or
(B) Majority vote at an association meeting; or
(5) Whenever otherwise authorized in an association's declaration or bylaws.

For any electronic meetings, electronic voting, and mail voting, the voting deadline shall be within sixty days of the date the notice was first sent. The association shall implement reasonable measures to verify that each person permitted to vote is a member of the association or proxy of a member.

As used in this subsection, "mail voting" includes sending or receiving written ballots via mail, courier, or electronic transmission; provided that the transmission is a complete reproduction of the original.

(f) All association meetings, except those where all persons attend by electronic means, shall be held at the address of the condominium or elsewhere within the State as determined by the board; provided that in the event of a natural disaster, an association meeting may be held outside the State.

HRS § 514B-121

Amended by L 2024, c 42,§ 1, eff. 7/1/2024.
Amended by L 2022, c 62,§ 4, eff. 1/1/2023.
Amended by L 2021, c 83,§ 2, eff. 6/24/2021.
Amended by L 2019, c 14,§ 4, eff. 7/1/2019.
L 2004, c 164 , pt of §2; am L 2008, c 13, §1 .