THE SENATE

S.B. NO.

725

THIRTIETH LEGISLATURE, 2019

S.D. 1

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-154, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  After any association meeting, and not earlier, unit owners shall be permitted to examine proxies, tally sheets, ballots, owners' check-in lists, and the certificate of election; provided that:

     (1)  Owners shall make a request to examine the documents within thirty days after the association meeting;

     (2)  The board may require owners to furnish to the association a duly executed and acknowledged affidavit stating that the information is requested in good faith for the protection of the interest of the association or its members or both; and

     (3)  Owners shall pay for administrative costs in excess of eight hours per year.

     [If there are no requests to examine proxies and ballots, the] The documents may be destroyed [thirty days] ninety days after the association meeting[.  If there are requests to examine proxies and ballots, the documents shall be kept for an additional sixty days, after which they may be destroyed.]; provided that in the event of a contested election, the documents shall be retained until the contested election is resolved.  Copies of tally sheets, owners' check-in lists, and the certificates of election from the most recent association meeting shall be provided to any owner upon the owner's request; provided that the owner pays a reasonable fee for duplicating, postage, stationery, and other administrative costs associated with handling the request."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.



 

Report Title:

Condominiums; Condominium Associations; Proxies and Ballots; Document Retention

 

Description:

Specifies that a condominium association's proxies and ballots may be destroyed ninety days, rather than thirty days, after an association meeting, unless the election is contested, in which case the documents shall be retained until resolution of the contested election.  (SD1)

 

 

 

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