Bill Text: HI HB641 | 2012 | Regular Session | Introduced
Bill Title: Condominiums
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB641 Detail]
Download: Hawaii-2012-HB641-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
641 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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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. The legislature finds that technological advances now allow anyone to easily video record public meetings. Since this technology is widely available, the legislature finds that members of condominium associations that are registered with the State should be permitted to video record association meetings so that these recordings may be made available to other members who are unable to attend.
The purpose of this Act is to permit the video recording of condominium association meetings.
SECTION 2. Section 514A-83.1, Hawaii Revised Statutes, is amended to read as follows:
"§514A‑83.1 Board meetings. (a) All meetings of the board of directors, other than executive sessions, shall be open to all members of the association, and association members who are not on the board of directors may participate in any deliberation or discussion, other than executive sessions, unless a majority of a quorum of the board of directors votes otherwise.
(b) The board of directors, with the approval of a majority of a quorum of its members, may adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters or litigation in which the association is or may become involved. The nature of any and all business to be considered in executive session shall first be announced in open session.
(c) Association members may record meetings of the association or the board of directors, other than executive sessions, by video or other electronic means; provided that:
(1) Association bylaws do not prohibit the recording of meetings;
(2) The board of directors is notified of a member's intent to record the meeting prior to commencement of the recording; and
(3) The recording is made for the private personal use of the member making the recording or another association member."
SECTION 3. Section 514B-125, Hawaii Revised Statutes, is amended to read as follows:
"[[]§514B-125[]] Board meetings. (a) All meetings of the
board, other than executive sessions, shall be open to all members of the
association, and association members who are not on the board may participate
in any deliberation or discussion, other than executive sessions, unless a
majority of a quorum of the board votes otherwise.
(b) The board, with the approval of a majority of a quorum of its members, may adjourn a meeting and reconvene in executive session to discuss and vote upon matters:
(1) Concerning personnel;
(2) Concerning litigation in which the association is or may become involved;
(3) Necessary to protect the attorney-client privilege of the association; or
(4) Necessary to protect the interests of the association while negotiating contracts, leases, and other commercial transactions.
The general nature of any business to be considered in executive session shall first be announced in open session.
(c) All board meetings shall be conducted in
accordance with the most recent
edition of Robert's Rules of Order Newly Revised. Unless otherwise provided in the
declaration or bylaws, a board may permit any meeting to be conducted by any
means of communication through 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. If permitted by the board, any
unit owner may participate in a meeting conducted by a means of communication
through which all participants may simultaneously hear each other during the
meeting[,]; provided that the board may require that the unit
owner pay for the costs associated with the participation.
(d) The board shall meet at least once a year. Notice of all board meetings shall be posted by the managing agent, resident manager, or a member of the board, in prominent locations within the project seventy-two hours prior to the meeting or simultaneously with notice to the board.
(e) A director shall not vote by proxy at board meetings.
(f) A director shall not vote at any board meeting on any issue in which the director has a conflict of interest. A director who has a conflict of interest on any issue before the board shall disclose the nature of the conflict of interest prior to a vote on that issue at the board meeting, and the minutes of the meeting shall record the fact that a disclosure was made.
"Conflict of interest", as used in this subsection, means an issue in which a director has a direct personal or pecuniary interest not common to other members of the association.
(g) Association members may record meetings of the association or the board of directors, other than executive sessions, by video or other electronic means; provided that:
(1) Association bylaws do not prohibit the recording of meetings;
(2) The board of directors is notified of a member's intent to record a meeting prior to the commencement of recording; and
(3) The recording is made for the private personal use of the member making the recording or another association member."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Condominiums
Description:
Permits members of condominium associations to make electronic recordings of association meetings for personal use.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
