HB 850: Condominium Associations; Electronic Meetings; Electronic Voting; Mail Voting; Cumulative Voting
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-03-31
Current Status:
Failed
(2026-04-02: Received notice of the discharge of all House Conferees (Hse. Com. No. 457).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Clarifies an association board's authority with respect to calling electronic meetings, electronic voting, and mail voting. Clarifies that, in condominium elections, cumulative voting rights apply to all candidates regardless of whether they are nominated. Clarifies that individual votes are used in cumulative voting. Effective 7/1/2050. (SD1)
Clarifies an association board's authority with respect to calling electronic meetings, electronic voting, and mail voting. Clarifies that, in condominium elections, cumulative voting rights apply to all candidates regardless of whether they are nominated. Clarifies that individual votes are used in cumulative voting. Effective 7/1/3000. (HD1)
Clarifies an association board's authority with respect to calling electronic meetings, electronic voting, and mail voting. Clarifies that, in condominium elections, cumulative voting rights apply to all candidates regardless of whether they are nominated. Clarifies that individual votes are used in cumulative voting.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
850 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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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-121, Hawaii Revised Statutes, is amended to read as follows:
"§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] the board, in its sole discretion, may
authorize:
(1) Electronic voting at any in-person association meeting; and
(2) Electronic meetings, electronic voting[,]
at electronic meetings, electronic voting without a meeting, and mail
voting [may be authorized by the board in its sole discretion:] without
a meeting for any and all association business, including, without limitation,
the election of directors, the adoption of amendments of the declaration and
bylaws, and the adoption of motions and resolutions:
[(1)] (A) 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; provided
that the termination or expiration of the state of emergency or local state of
emergency shall not be grounds for invalidating any action taken at an
electronic meeting that was noticed, or any action taken by means of electronic
voting or mail voting without a meeting that was commenced, while a state of
emergency or local state of emergency declared pursuant to chapter 127A, was in
effect;
[(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)] (B) When
approved by adoption of a special [meeting] rule of order at an
association meeting that permits the board to authorize electronic meetings,
electronic voting, and mail voting;
[(4)] (C) When approved no less than three months and no
more than eighteen months before the electronic meeting, electronic voting, and
mail voting by:
[(A)] (i) Written consent of a majority of unit
owners; or
[(B)] (ii) Majority vote at
an association meeting; or
[(5)] (D) Whenever otherwise authorized by this
chapter or 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.]
(f) Voting conducted by means of electronic voting or mail voting without a meeting of the association shall commence and end on dates established by the board; provided that if a deadline for voting or written consent is established by this chapter, the declaration, or bylaws, the deadline established by this chapter, the declaration, or bylaws shall control.
(g) Proxies shall not be used for any voting conducted without a meeting of the association.
(h) The association shall implement reasonable measures to verify that each person permitted to vote is a member of the association or, where proxy voting is authorized, the proxy of a member.
(f)] (i) 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.
(j) As used in this section:
"Electronic voting" includes sending or receiving votes electronically.
"Mail voting" includes sending or receiving written ballots or written consent forms by mail, courier, or electronic transmission; provided that the transmission is a complete reproduction of the original."
SECTION 2. Section 514B-124.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§514B-124.5[]] Voting for elections; cumulative voting. (a) [If
the bylaws provide for cumulative voting for an election at a meeting,] If
an election is to be held by cumulative voting pursuant to the bylaws, each
unit owner present in person or represented by proxy shall have a number of
votes equal to the unit owner's voting percentage multiplied by the number of
positions to be filled at the election.
(b) Each unit owner shall be entitled to cumulate
the individual votes of the unit owner and give all of the votes to one
[nominee] candidate or distribute the individual votes
among any or all of the [nominees.] candidates.
(c) The [nominee or nominees] candidate
or candidates receiving the highest number of votes under this section, up
to the total number of positions to be filled, shall be deemed elected and
shall be given the longest term.
(d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.
(e) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Condominium Associations; Electronic Meetings; Electronic Voting; Mail Voting; Cumulative Voting
Description:
Clarifies an association board's authority with respect to calling electronic meetings, electronic voting, and mail voting. Clarifies that, in condominium elections, cumulative voting rights apply to all candidates regardless of whether they are nominated. Clarifies that individual votes are used in cumulative voting. Effective 7/1/2050. (SD1)
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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HOUSE OF REPRESENTATIVES |
H.B. NO. |
850 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
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|
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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-121, Hawaii Revised Statutes, is amended to read as follows:
"§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] the board, in its sole discretion, may
authorize:
(1) Electronic voting at any in-person association meeting; and
(2) Electronic meetings, electronic voting[,]
at electronic meetings, electronic voting without a meeting, and mail
voting [may be authorized by the board in its sole discretion:] without
a meeting for any and all association business, including, without limitation,
the election of directors, the adoption of amendments of the declaration and
bylaws, and the adoption of motions and resolutions:
[(1)] (A) 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; provided
that the termination or expiration of the state of emergency or local state of
emergency shall not be grounds for invalidating any action taken at an
electronic meeting that was noticed, or any action taken by means of electronic
voting or mail voting without a meeting that was commenced, while a state of
emergency or local state of emergency declared pursuant to chapter 127A, was in
effect;
[(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)] (B) When
approved by adoption of a special [meeting] rule of order at an
association meeting that permits the board to authorize electronic meetings,
electronic voting, and mail voting;
[(4)] (C) When approved no less than three months and no
more than eighteen months before the electronic meeting, electronic voting, and
mail voting by:
[(A)] (i) Written consent of a majority of unit
owners; or
[(B)] (ii) Majority vote at
an association meeting; or
[(5)] (D) Whenever otherwise authorized by this
chapter or 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.]
(f) Voting conducted by means of electronic voting or mail voting without a meeting of the association shall commence and end on dates established by the board; provided that if a deadline for voting or written consent is established by this chapter or the declaration or bylaws, the deadline established by this chapter, the declaration, or bylaws shall control.
(g) Proxies shall not be used for any voting conducted without a meeting of the association.
(h) The association shall implement reasonable measures to verify that each person permitted to vote is a member of the association or, where proxy voting is authorized, the proxy of a member.
(f)] (i) 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.
(j) As used in this section:
"Electronic voting" includes sending or receiving votes electronically.
"Mail voting" includes sending or receiving written ballots or written consent forms by mail, courier, or electronic transmission; provided that the transmission is a complete reproduction of the original."
SECTION 2. Section 514B-124.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§514B-124.5[]] Voting for elections; cumulative voting. (a) [If
the bylaws provide for cumulative voting for an election at a meeting,] If
an election is to be held by cumulative voting pursuant to the bylaws, each
unit owner present in person or represented by proxy shall have a number of
votes equal to the unit owner's voting percentage multiplied by the number of
positions to be filled at the election.
(b) Each unit owner shall be entitled to cumulate
the individual votes of the unit owner and give all of the votes to one
[nominee] candidate or distribute the individual votes
among any or all of the [nominees.] candidates.
(c) The [nominee or nominees] candidate
or candidates receiving the highest number of votes under this section, up
to the total number of positions to be filled, shall be deemed elected and
shall be given the longest term.
(d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.
(e) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Condominium Associations; Electronic Meetings; Electronic Voting; Mail Voting; Cumulative Voting
Description:
Clarifies an association board's authority with respect to calling electronic meetings, electronic voting, and mail voting. Clarifies that, in condominium elections, cumulative voting rights apply to all candidates regardless of whether they are nominated. Clarifies that individual votes are used in cumulative voting. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
850 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to condominiums.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 514B-121, Hawaii Revised Statutes, is amended to read as follows:
"§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] the board, in its sole discretion, may
authorize:
(1) Electronic voting at any in-person association meeting; and
(2) Electronic meetings, electronic voting[,]
at electronic meetings, electronic voting without a meeting, and mail
voting [may be authorized by the board in its sole discretion:] without
a meeting for any and all association business, including, without limitation,
the election of directors, the adoption of amendments of the declaration and
bylaws, and the adoption of motions and resolutions:
[(1)] (A) 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; provided
that the termination or expiration of the state of emergency or local state of
emergency shall not be grounds for invalidating any action taken at an
electronic meeting that was noticed, or any action taken via electronic voting
or mail voting without a meeting that was commenced, while a state of emergency
or local state of emergency declared pursuant to chapter 127A, was in effect;
[(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)] (B) When
approved by adoption of a special [meeting] rule of order at an
association meeting that permits the board to authorize electronic meetings,
electronic voting, and mail voting;
[(4)] (C) When approved no less than three months and no
more than eighteen months before the electronic meeting, electronic voting, and
mail voting by:
[(A)] (i) Written consent of a majority of unit
owners; or
[(B)] (ii) Majority vote at
an association meeting; or
[(5)] (D) Whenever otherwise authorized by this
chapter or 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.]
(f) Voting conducted via electronic voting or mail voting without a meeting of the association shall commence and end on dates established by the board; provided that if a deadline for voting or written consent is established by this chapter or the declaration or bylaws, the deadline established by this chapter, the declaration, or bylaws shall control.
(g) Proxies may not be used for any voting conducted without a meeting of the association.
(h) The association shall implement reasonable measures to verify that each person permitted to vote is a member of the association or, where proxy voting is authorized, the proxy of a member.
(f)] (i) 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.
(j) As used in this section:
"Electronic voting" includes sending or receiving votes electronically.
"Mail voting" includes sending or receiving written ballots or written consent forms via mail, courier, or electronic transmission; provided that the transmission is a complete reproduction of the original."
SECTION 2. Section 514B-124.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§514B-124.5[]] Voting for elections; cumulative voting. (a) [If
the bylaws provide for cumulative voting for an election at a meeting,] If
an election is to be held by cumulative voting pursuant to the bylaws, each
unit owner present in person or represented by proxy shall have a number of
votes equal to the unit owner's voting percentage multiplied by the number of
positions to be filled at the election.
(b) Each unit owner shall be entitled to cumulate
the individual votes of the unit owner and give all of the votes to one [nominee]
candidate or distribute the individual votes among any or all of
the [nominees.] candidates.
(c) The [nominee or nominees] candidate
or candidates receiving the highest number of votes under this section, up
to the total number of positions to be filled, shall be deemed elected and
shall be given the longest term.
(d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.
(e) As used in this section, "candidate" means a nominee or write-in candidate."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Condominium Associations; Electronic Meetings; Electronic Voting; Mail Voting; Cumulative Voting
Description:
Clarifies an association board's authority with respect to calling electronic meetings, electronic voting, and mail voting. Clarifies that, in condominium elections, cumulative voting rights apply to all candidates regardless of whether they are nominated. Clarifies that individual votes are used in cumulative voting.
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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Date
|
Status
|
|---|---|
| Apr 2, 2026 | Received notice of the discharge of all House Conferees (Hse. Com. No. 457). |
| Apr 1, 2026 | House Conferee(s) discharged. |
| Mar 20, 2026 | Received notice of all Senate conferees being discharged (Sen. Com. No. 409). |
| Mar 20, 2026 | Senate Conferee(s) discharged. |
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Apr 23, 2025 | Conference Committee Meeting will reconvene on Thursday 04-24-25 1:30PM in conference room 224. |
| Apr 22, 2025 | Conference Committee Meeting will reconvene on Wednesday 04-23-25 1:30PM in conference room 224. |
| Apr 21, 2025 | Conference Committee Meeting will reconvene on Tuesday 04-22-25 1:30PM in conference room 224. |
| Apr 17, 2025 | Bill scheduled for Conference Committee Meeting on Monday, 04-21-25 1:30PM in conference room 224. |
| Apr 16, 2025 | Received notice of Senate conferees (Sen. Com. No. 810). |
| Apr 16, 2025 | Senate Conferees Appointed: Keohokalole Chair; McKelvey Co-Chair; Fevella. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 732). |
| Apr 14, 2025 | House Conferees Appointed: Matayoshi Chair; Chun, Pierick. |
| Apr 8, 2025 | Received notice of disagreement (Hse. Com. No. 559). |
| Apr 4, 2025 | House disagrees with Senate amendment (s). |
| Apr 3, 2025 | Returned from Senate (Sen. Com. No. 554) in amended form (SD 1). |
| Apr 3, 2025 | Passed Third Reading, as amended (SD 1). Ayes, 23; Aye(s) with reservations: Senator(s) Ihara. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). Transmitted to House. |
| Apr 1, 2025 | 48 Hrs. Notice 04-03-25. |
| Apr 1, 2025 | Report adopted; Passed Second Reading, as amended (SD 1). |
| Apr 1, 2025 | Reported from CPN (Stand. Com. Rep. No. 1490) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading. |
| Mar 20, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 3 Aye(s): Senator(s) Keohokalole; Aye(s) with reservations: Senator(s) McKelvey, Richards ; 2 No(es): Senator(s) Fukunaga, Awa; and 0 Excused: none. |
| Mar 14, 2025 | The committee(s) on CPN has scheduled a public hearing on 03-20-25 10:00AM; Conference Room 229 & Videoconference. |
| Mar 6, 2025 | Referred to CPN. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 293). |
| Mar 4, 2025 | Passed Third Reading with none voting aye with reservations; Representative(s) Iwamoto voting no (1) and Representative(s) Kapela, Pierick, Ward excused (3). Transmitted to Senate. |
| Feb 27, 2025 | Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick, Templo, Ward excused (4). |
| Feb 27, 2025 | Reported from CPC (Stand. Com. Rep. No. 811) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading. |
| Feb 20, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Matayoshi, Chun, Ichiyama, Kong, Marten, Tam; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and 3 Excused: Representative(s) Ilagan, Lowen, Pierick. |
| Feb 18, 2025 | Bill scheduled to be heard by CPC on Thursday, 02-20-25 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Jan 23, 2025 | Referred to CPC, referral sheet 3 |
| Jan 23, 2025 | Introduced and Pass First Reading. |
| Jan 21, 2025 | Pending introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 3, 2025 | Third Reading | Senate Floor |
Passed |
|
| Mar 20, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
|
| Mar 4, 2025 | Third Reading | House Floor |
Passed |
|
| Feb 20, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AOAO Lakeview Sands | ** Support | |
| Hawaii First Realty | ** Support | |
| Hawaii Council of Community Associations | ** Support | |
| Hawaii Legislative Action Committee of the Community Associations Institute | ** Support | |
| Hawaii State Association of Parliamentarians | *** Support | Mar 20, 2025 |
| Hawaiian Properties, Ltd. | ** Support | |
| Hawaiiana Management Company, Ltd. | ** Support | |
| Hawaiʻi State Association of Parliamentarians | ** Support | |
| Honolulu Tower AOAO | ** Against | |
| Law Offices of Mark K. McKellar, LLLC | ** Support | |
| Law Offices of Mark K. McKellar, LLLC | *** Support | Mar 20, 2025 |
| Nakamoto Realty, LLC | ** Support | |
| Palehua Townhouse Association | ** Support |
STAND. COM. REP. NO. 1490
Honolulu, Hawaii
RE: H.B. No. 850
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Commerce and Consumer Protection, to which was referred H.B. No. 850, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Clarify a condominium association board's authority with respect to calling electronic meetings, electronic voting, and mail voting;
(2) Clarify that, in condominium elections, cumulative voting rights apply to all candidates regardless of whether they are nominated; and
(3) Clarify that individual votes are used in cumulative voting.
Your Committee received testimony in support of this measure from the Law Offices of Mark K. McKellar, LLLC; Palehua Townhouse Association; Nakamoto Realty, LLC; Hawaii First Realty; AOAO Lakeview Sands; Hawaiʻi State Association of Parliamentarians; and seventeen individuals.
Your Committee received testimony in opposition to this measure from Honolulu Tower AOAO and three individuals.
Your Committee received comments on this measure from one individual.
Your Committee finds that existing law governing the voting rules for condominium associations allows cumulative voting only for persons nominated in elections for board member and officer positions but not for write-in candidates. Your Committee further finds that the existing law is silent on other means of voting in condominium association meetings. Further clarification and guidance are necessary to provide condominium associations with the flexibility needed to facilitate elections more effectively by electronic voting for their in-person meetings. This measure enables condominium associations to make voting more accessible and properly controlled for condominium unit owners by establishing reasonable rules and standards for electronic voting procedures, as well as expanding the authorized use of cumulative voting for condominium associations to include write-in candidates.
Your Committee has amended this measure by:
(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 850, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 850, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,
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________________________________ JARRETT KEOHOKALOLE, Chair |
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STAND. COM. REP. NO. 811
Honolulu, Hawaii
, 2025
RE: H.B. No. 850
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 850 entitled:
"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Clarify a condominium association board's authority with respect to calling electronic meetings, electronic voting, and mail voting;
(2) Clarify that, in condominium association elections, cumulative voting rights apply to all candidates regardless of whether they are nominated; and
(3) Clarify that individual votes are used in cumulative voting.
Your Committee received testimony in support of this measure from the Hawaii Legislative Action Committee of the Community Associations Institute; Palehua Townhouse Association; Hawaiʻi State Association of Parliamentarians; AOAO Lakeview Sands; Hawaii Council of Community Associations; Hawaiian Properties, Ltd.; Hawaiiana Management Company, Ltd.; and numerous individuals. Your Committee received testimony in opposition to this measure from Honolulu Tower and three individuals. Your Committee received comments on this measure from one individual.
Your Committee finds that the law relating to condominium association electronic meetings, electronic voting, and mail voting needs further clarification and guidance. While condominium association governing documents may provide for other means of voting, existing law is silent. This measure provides added flexibility in voting at association meetings by explicitly authorizing electronic voting for in-person meetings.
Your Committee further find that existing law provides for cumulative voting only for persons nominated in elections for board member and officer positions for condominium associations. This does not account for write-in candidates. This measure expands the authorization for cumulative voting to include write-in candidates.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 850, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 850, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
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____________________________ SCOT Z. MATAYOSHI, Chair |
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Date
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Testimony PDF
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| Mar 20, 2025 | HB850_HD1_TESTIMONY_CPN_03-20-25_.PDF |
| Feb 20, 2025 | HB850_TESTIMONY_CPC_02-20-25_.PDF |
Discussed in Hearing
34SEC
Conference Committee
57SEC
Conference Committee
1MIN
Conference Committee
20SEC
Senate Floor
6MIN
Senate Standing Committee on Commerce and Consumer Protection
6MIN
Senate Standing Committee on Energy and Intergovernmental Affairs
1MIN
House Floor
7MIN
House Standing Committee on Consumer Protection & Commerce
Bill Author
Bill Co-Author(s):