STAND. COM. REP. NO.  595

 

Honolulu, Hawaii

                , 2011

 

RE:   H.B. No. 1247

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Housing, to which was referred H.B. No. 1247 entitled:

 

"A BILL FOR AN ACT RELATING TO PLANNED COMMUNITY ASSOCIATIONS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to update the process regarding the selection process for boards of directors of planned community associations, by:

 

     (1)  Including a term limit in which a board of director            member of a planned community association may serve; and

 

     (2)  Specifying guidelines for the mailing of proxies and               proxy.

 

     A concerned individual testified in support of this bill.  Mililani Town Association, Villages of Kapolei Association, and several concerned individuals testified in opposition to this measure.  Kohala Ranch Property Owners submitted comments.

 

     Your Committee has amended this bill by:

 

(1)  Increasing the number of terms that a board director of a planned community association may serve from two consecutive terms to four consecutive terms;

 

 

     (2)  Eliminating the requirement whereby planned community               association boards must mail proxy forms to owners by          by certified mail with a postage-paid self-addressed             envelope;

 

     (3)  Requiring that on the proxy form, there shall be an            additional option in which all proxy votes shall go into      a pool in which the votes are to be divided equally              among the candidates present at the meeting; and

 

     (4)  Making technical, nonsubstantive amendments for clarity,      consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1247, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1247, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

 

Respectfully submitted on behalf of the members of the Committee on Housing,

 

 

 

 

____________________________

RIDA T.R. CABANILLA, Chair