STAND. COM. REP. NO. 3806

Honolulu, Hawaii

RE: H.B. No. 1679

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1679, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify an association board's authority with respect to calling and authorizing electronic meetings, electronic voting at electronic meetings, electronic voting without a meeting, and mail voting without a meeting; and

(2) Clarify that proxies are only to be used for any voting conducted at a meeting.

Your Committee received testimony in support of this measure from the Hawaii State Association of Parliamentarians; Associa; Palehua Townhouses Association; Law Offices of Mark K. McKellar, LLLC; and five individuals.

Your Committee received testimony in opposition to this measure from Honolulu Tower and four individuals.

Your Committee received comments on this measure from one individual.

Your Committee finds that condominium associations increasingly rely on electronic meetings and voting to improve participation, reduce costs, and allow owners who travel or live off island to remain engaged. However, existing law governing condominium association meetings, electronic voting, mail voting, and the use of proxies in condominium association governance does not reflect modern condominium association operations. This measure will align existing law with modern condominium association operations to improve clarity and support owner participation.

Your Committee has amended this measure by:

(1) Clarifying that a condominium association board may authorize electronic voting at any in-person association meeting, electronic meetings, electronic voting at electronic meetings, electronic voting without a meeting, and mail voting without a meeting for any and all association business by special rule; and

(2) Clarifying that the order of controlling authority if a deadline for voting or written consent is established by an authority other than the board, is first the declaration, then the bylaws, then chapter 514B, Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1679, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1679, H.D. 1, S.D. 2.

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

________________________________

KARL RHOADS, Chair