HOUSE OF REPRESENTATIVES
H.B. NO.
1678
THIRTY-THIRD LEGISLATURE, 2026
H.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ASSOCIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 421J-3.2, Hawaii Revised Statutes, is amended to read as follows:
"[[Struck through: []]§421J-3.2[[Struck through: ]]] Cumulative voting for directors. (a) [[Struck through: If the association documents provide for cumulative voting by members,]] [Underlined: If an election is to be held by cumulative voting pursuant to the bylaws,] members may so vote, by multiplying the number of votes the members are entitled to cast by the number of positions for whom they are entitled to vote, and [[Struck through: cast the product for a single candidate or distribute the product among two or more candidates.]] [Underlined: give all of the votes to one candidate or distribute the individual votes among any or all of the candidates.] The candidates receiving the highest number of votes under this section, up to the total number of positions to be filled, shall be deemed elected, and shall be given the longest term.
(b) Unless otherwise provided in the association documents, cumulative voting shall not be permitted.
(c) A director elected by cumulative voting may be removed by the members with or without cause if the requirements of section 421J-3.3 are met.
[Underlined: (d) As used in this section, "candidate" means a nominee or write-in candidate.]"
SECTION 2. Section 514B-124.5, Hawaii Revised Statutes, is amended to read as follows:
"[[Struck through: []]§514B-124.5[[Struck through: ]]] Voting for elections; cumulative voting. (a) [[Struck through: If the bylaws provide for cumulative voting for an election at a meeting,]] [Underlined: If an election is to be held by cumulative voting pursuant to the bylaws,] each unit owner present in person or represented by proxy shall have a number of votes equal to the unit owner's voting percentage multiplied by the number of positions to be filled at the election.
(b) Each unit owner shall be entitled to cumulate the [Underlined: individual] votes of the unit owner and give all of the votes to one [[Struck through: nominee]] [Underlined: candidate] or distribute the votes among any or all of the [[Struck through: nominees.]] [Underlined: candidates.]
(c) The [[Struck through: nominee or nominees]] [Underlined: candidate or candidates] receiving the highest number of votes under this section, up to the total number of positions to be filled, shall be deemed elected and shall be given the longest term.
(d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.
[Underlined: (e) As used in this section, "candidate" means a nominee or write-in candidate.]"
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Planned Community Associations; Condominium Associations; Cumulative Voting; Candidates
Description:
Clarifies that in planned community association and condominium association elections conducted by cumulative voting, cumulative voting rights apply to all candidates, including write-ins, and that individual votes are used when allocating votes. Effective 7/1/3000. (HD1)
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