HOUSE OF REPRESENTATIVES

H.B. NO.

2158

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to planned community ASSOCIATIONS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§421J-     Errors in proxy voting.  (a)  Notwithstanding any provision to the contrary, if, following a vote by the association, an error is discovered in any proxy given in relation to that vote, the board, within forty-five days of the discovery of the error, shall:

     (1)  Institute an adequate remedy; or

     (2)  Hold another vote to decide the issue on the original ballot.

     If no remedy or subsequent vote on the issue is instituted within forty-five days of the discovery of the error, the results of the vote shall be invalid.

     (b)  If an error in any proxy is discovered more than one hundred twenty days after the date of a vote, the results of that vote shall stand."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Planned Community Associations; Proxy; Errors

 

Description:

Provides for remedies in the event of the discovery of an error in any proxy.

 

 

 

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