There a was one condominium bill enacted into law in the 2022 legislative session. While not intended as legal advice, we are providing a summary from the Hawaii Department of Commerce and Consumer Affairs on the House Bill.
Act 62, SLH 2022
This legislation amends many parts of existing condominium law, effective January 1,2023.
Governance changes require that a petition to amend a bylaw shall be dated in addition to being signed and that the petition to amend the bylaws is only valid if submitted within one hundred twenty days of the earliest signature. Special meeting petitions are also only valid for the same time period (§§514B-108(e), 121(c), HRS).
Meetings are amended to give the board sole discretion to authorize electronic meetings and electronic, machine or mail voting during a state of emergency pursuant to chapter 127A, HRS.
Electronic, machine, or mail voting methods can be pre-approved by a majority of owners. Those methods of voting have a deadline of within sixty days of the notice of voting. The board shall implement measures to verify that each voter is permitted to vote or is a proxy of a permitted voter. (§514B-121(5), HRS)
Voting via the internet is now permitted if the voting devices use encryption comparable to those used by secured internet browsers. The audit trail shall also contain the internet address of the voting device (§§514B-121(b)(1), (2), HRS).
Association meeting minutes no longer must be approved within sixty days after the meeting, only by the board, or at the next meeting (§514B-121(a), HRS).
Proxy deadline delivery time has been clarified to 4:30 P.M. Hawaii-Aleutian standard time (§514B-122(d)(1), HRS).
Boards may now establish board meeting owner participation rules at all board meetings, with notice and may make the rules available to owners on the association website (§514B-125, HRS).
The reserve study requirement now requires an independent reserve study reviewer. The study shall be reviewed or updated at least every three years. The related cash flow method increases to a thirty-year projection, from a twenty-year projection (§§514B-148(a)(4), (7)(h), HRS).
Developer disclosures for initial sales now must include the annual reserve contributions based on a reserve study (§514B-83(a)(3), HRS).