Bill Text: HI SB750 | 2011 | Regular Session | Amended
Bill Title: Condominiums; Association Meetings; Audio Recording
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-03-16 - (H) The committee(s) recommends that the measure be deferred. [SB750 Detail]
Download: Hawaii-2011-SB750-Amended.html
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THE SENATE |
S.B. NO. |
750 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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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 make audio recordings. Since that technology is widely available, the legislature finds that members of condominium associations that have not made rules or bylaws that prohibit audio recordings should allow its members to make audio recordings of association meetings for the purpose of making the audio recording available to other members who are unable to attend the meeting. Accordingly, the purpose of this Act is to permit the audio 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]. Association members who are
not [on] members of 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 or the board of directors may make audio recordings of meetings of the association or the board of directors, other than executive sessions, by audio tape 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;
(3) The recording is made for the private personal use of the member making the recording or of another association member; and
(4) A recording made by the board of directors shall be the official audio record of the meeting and shall be made available upon request to any member of the association for the personal use of the 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]. Association members who are not [on]
members of 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] an authorized means of communication
shall be 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] any 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 make audio recordings of meetings of the association or the board of directors, other than executive sessions, by audio tape 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;
(3) The recording is made for the private personal use of the member making the recording or of another association member; and
(4) A recording made by the board of directors shall be the official audio record of the meeting and shall be made available upon request to any member of the association for the personal use of the member."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Condominiums; Association Meetings; Audio Recording
Description:
Permits members of condominium associations to make audio recordings of association meetings for personal use or use of another member with prior notice to the board; provided that the bylaws of the association do not prohibit such recording; specifies that an audio recording made by the board is the official audio record of the meeting and shall be made available to members upon request. 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.
