STAND. COM. REP. NO. 633-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 2316

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Consumer Protection & Commerce and Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2316 entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

beg leave to report as follows:

The purpose of this measure is to clarify the law regarding cumulative voting for condominium association elections by:

(1) Specifying that cumulative voting is allowed for all candidates regardless of whether the person is nominated; and

(2) Clarifying that individual votes are used in cumulative voting.

Your Committees received testimony in support of this measure from the Honolulu Tower AOAO; Palehua Townhouse Association; and seven individuals. Your Committees received comments on this measure from the Hawaii First Realty LLC; Law Offices of Mark K. McKellar, LLLC; AOAO Waialae Place; AOAO Mariner's Village 1; The Continental Apartments; AOAO Lakeview Sands; Hawaii State Association of Parliamentarians Legislative Committee; and numerous individuals.

Your Committees find that existing law provides for cumulative voting only for persons nominated in elections for positions of condominium associations. This does not account for write-in candidates. This measure expands the existing authorization for cumulative voting to include write-in candidates.

Your Committees have amended this measure by:

(1) Changing the effective date to July 1, 3000, to encourage further discussion; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary & Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2316, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2316, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary & Hawaiian Affairs,

____________________________ DAVID A. TARNAS, Chair

____________________________ MARK M. NAKASHIMA, Chair