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.
Hawaii commonly permits corporations,
and nonprofits to conduct remote and virtual meetings. Remote meetings
contingent on an association’s articles of incorporation, charter, or bylaws.
The Hawaii Nonprofit Corporations Act governs nonprofit corporations regarding
corporate structure and procedure. If an association is organized as a
nonprofit, as is the case with most Hawaii associations, it will be governed by
the Nonprofit Corporations Act. Contact your association’s attorney to see what
your community’s options are for virtual meetings based upon your governing
documents.
2019
Hawaii Revised Statutes TITLE 23. CORPORATIONS AND PARTNERSHIPS 414D. Hawaii
Nonprofit Corporations Act
414D-143
Regular and special meetings.
(c)
Unless the articles or bylaws provide otherwise, a board may permit any or all
directors to participate in a regular or special meeting by, or conduct the
meeting through the use of, any means of communication by which all directors
participating may simultaneously hear each other during the meeting. A director
participating in a meeting by this means is deemed to be present in person at
the meeting.
Universal
Citation: HI Rev
Stat § 414D-143 (2019)
2011
Hawaii Code DIVISION 2. BUSINESS TITLE 23. CORPORATIONS AND PARTNERSHIPS 414D.
Hawaii Nonprofit Corporations Act §414D-37 Emergency bylaws and powers.
[§414D-37]
Emergency bylaws and powers. (a) Unless the articles provide otherwise,
the directors of a corporation may adopt, amend, or repeal bylaws to be
effective only in an emergency defined in subsection (d). The emergency bylaws,
which are subject to amendment or repeal by the members, may provide special
procedures necessary for managing the corporation during the emergency,
including:
(1) How
to call a meeting of the board;
(2)
Quorum requirements for the meeting; and
(3)
Designation of additional or substitute directors.
(b) All
provisions of the regular bylaws consistent with the emergency bylaws remain
effective during the emergency. The emergency bylaws are not effective after
the emergency ends.
(c)
Corporate action taken in good faith in accordance with the emergency bylaws:
(1) Binds
the corporation; and
(2) May not
be used to impose liability on a corporate director, officer, employee, or
agent.
(d) An
emergency exists for purposes of this section if a quorum of the corporation's
directors cannot readily be assembled because of some catastrophic event. [L
2001, c 105, pt of §1]
Universal
Citation: HI Rev
Stat § 414D-37 (2011 through Reg Sess)
2011
Hawaii Code DIVISION 2. BUSINESS TITLE 23. CORPORATIONS AND PARTNERSHIPS 414D.
Hawaii Nonprofit Corporations Act § 414D-53 Emergency powers.
[§414D-53]
Emergency powers. (a) In anticipation of or during an emergency defined in
subsection (d), the board of directors of a corporation may:
(1)
Modify lines of succession to accommodate the incapacity of any director,
officer, employee, or agent; and
(2)
Relocate the principal office, designate alternative principal offices or
regional offices, or authorize the officers to do so.
(b)
During an emergency defined in subsection (d), unless emergency bylaws provide
otherwise:
(1)
Notice of a meeting of the board of directors need be given only to those
directors it is practicable to reach and may be given in any practicable
manner, including by publication and radio; and
(2) One
or more officers of the corporation present at a meeting of the board of directors
may be deemed to be directors for the meeting, in order of rank and within the
same rank in order of seniority, as necessary to achieve a quorum.
(c)
Corporate action taken in good faith during an emergency under this section to
further the ordinary affairs of the corporation:
(1) Binds
the corporation; and
(2) May
not be used to impose liability on a corporate director, officer, employee, or
agent.
(d) An
emergency exists for purposes of this section if a quorum of the corporation's
directors cannot readily be assembled because of some catastrophic event. [L
2001, c 105, pt of §1]
Universal
Citation: HI Rev
Stat § 414D-53 (2011 through Reg Sess)