HRS CHAPTER 421J PLANNED COMMUNITY ASSOCIATIONS - Refers only to vote or written consent. Written Ballot.
Hawaii Condominium Property Act 514B - Refers
only to vote or written consent. Written Ballot.
required; regular, annual, and special meetings.
less than fourteen days in advance of any regular, annual, or special
meeting of an association, the secretary or other officer specified in the
bylaws shall give written notice of the meeting to each member of the
association as provided in the bylaws of the association or by two or more of
the following means:
(1) Hand delivery;
(2) United States mail
sent to the mailing address of each unit or to another mailing address
designated in writing by the association member;
(3) Electronic mail to
the electronic mailing address designated in writing by the association member;
(4) Posting of the
meeting notice in its entirety on a portion of the association's website that
is accessible to all members.
(b) Notice pursuant to
this section shall state:
(1) The date, time, and
place of the meeting; and
(2) The items on the
agenda, including the general nature of and rationale for any proposed
amendment to the declaration or bylaws; any proposal for a special assessment,
unless the authority for a special assessment is otherwise provided for in the
association's governing documents; and any proposal to remove a member of the
(c) The requirements of
this section shall not be interpreted to preclude any association member from
proposing an amendment to the declaration or bylaws or proposing to remove a
member of the board at an association meeting.
(d) The requirements of
this section shall not be interpreted to apply to any board meetings or
committee meetings of a planned community association.
(e) Notwithstanding any
provision to the contrary in the association documents, the association may
conduct an annual, regular, or special meeting remotely in a manner consistent
with section 414D-101(g) or 414D-102(f), as applicable.
514B-121, Hawaii Revised Statutes
(b) Notwithstanding any other provision of this
chapter, except as provided in subsection (e), or the declaration or
bylaws of a condominium to the contrary, at any association meeting the board
may direct the use of an electronic voting device regardless of whether a
secret ballot is used or required. Except as provided in subsection (e),
the use shall be subject to the following:
(1) The electronic voting
device and all associated equipment shall be isolated from any connection to an
external network, including the Internet;
(2) The board shall
establish reasonable procedures to provide for the secrecy and integrity of the
unit owners' votes, including but not limited to procedures that ensure the
availability of a printed audit trail containing:
reference number of the electronic voting device;
common interest voted; and
vote that was tabulated;
(3) A copy of the printed
audit trail shall be available to owners after the meeting in the same manner
provided by sections 514B-154 and 514B-154.5; and
(4) A copy of the
procedures established pursuant to paragraph (2) shall be available at no
charge to any owner and a copy shall be available at any meeting at which the
association uses an electronic voting device.
In the event of any conflict between
this subsection and subsection (e), subsection (e) shall control.
(e) All association
meetings shall be conducted in accordance with the most recent edition of
Robert's Rules of Order Newly Revised. Notwithstanding any provision to
the contrary in the association's declaration or bylaws or in subsection (b),
electronic meetings and electronic, machine, or mail voting shall be
(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
(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; or
(3) Whenever otherwise
authorized in an association's declaration or bylaws.