(a) The members may remove a director elected by the members with or without cause unless otherwise provided in the association documents. If the removal is successful, the replacement director shall be elected for the remainder of the removed director’s term in accordance with all applicable requirements and procedures in the association documents and this chapter. If the replacement director is not elected at the meeting in which the removal occurred, notwithstanding anything to the contrary in the association documents, the board may fill vacancies to serve until the next annual or duly noticed special meeting of the association.

Terms Used In Hawaii Revised Statutes 421J-3.3

  • Association: means a nonprofit, incorporated, or unincorporated organization:

    (1) Upon which responsibilities are imposed and to which authority is granted in a declaration that governs a planned community;

    (2) That is a planned community association as defined under section 607-14; or

    (3) That is a homeowners' association, in which:

    (A) The voting membership is made up of ten or more parcel owners or their proxies, or a combination thereof; and

    (B) Assessments may be imposed that, if unpaid, may become a lien on the parcel. See Hawaii Revised Statutes 421J-2

  • Association documents: means the articles of incorporation or other document creating the association, if any, the bylaws of the association, the declaration or similar organizational documents and any exhibits thereto, any rules related to use of common areas, architectural control, maintenance of units, restrictions on the use of units, or payment of money as a regular assessment or otherwise in connection with the provisions, maintenance, or services for the benefit of some or all of the units, the owners, or occupants of the units or the common areas, as well as any amendments made to the foregoing documents. See Hawaii Revised Statutes 421J-2
  • board: means the executive board or other body, regardless of name, designated in the association documents to act on behalf of the association. See Hawaii Revised Statutes 421J-2
  • Member: means the person or persons owning a unit or having the right of occupancy of a unit under a recorded lease having a term of twenty or more years from its commencement date; or anyone included in the definition of a member under the association documents, including the developer, whether or not the developer owns a unit. See Hawaii Revised Statutes 421J-2
  • Planned community: means one of the following:

    (1) Real property, other than a condominium or a cooperative housing corporation or a time share plan, that is subject to a planned community association as defined under section 607-14; or

    (2) A common interest community, other than a condominium or a cooperative housing corporation or a time share plan, which includes all of the following characteristics:

    (A) Real property subject to a recorded declaration placing restrictions and obligations on the owners of the real property that are enforced or enforceable by a separate entity, the association, established for that purpose whether or not mentioned in the declaration, and:

    (i) That owns and maintains certain property within the planned community for the common use or benefit, or both, of the owners of units within the planned community;

    (ii) That is obligated to maintain certain property it does not own within the planned community for the common use or benefit, or both, of the owners of units within the planned community; or

    (iii) That is obligated to provide services to any such owners or units;

    (B) Individual owners own separate units that are part of a planned community at least some of which are improved by or are to be improved by residential dwellings;

    (C) Owners have automatic and non-severable membership in an association by virtue of ownership of units within the planned community; and

    (D) Owners, other than a master developer or declarant, are obligated by any association document to pay mandatory assessments by virtue of ownership of a unit within the planned community. See Hawaii Revised Statutes 421J-2

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Unit: means a physical portion of the planned community designated for separate ownership or occupancy. See Hawaii Revised Statutes 421J-2
(b) If a director is elected by a class, chapter, or other organizational unit, or by region or other geographic grouping, the director may be removed only by the members of that class, chapter, unit, or grouping.
(c) Except as provided in subsection (i), a director may be removed under subsection (a) or (b) only if the number of votes cast to remove the director would be sufficient to elect the director at a meeting to elect directors.
(d) If cumulative voting is authorized at the meeting, the director may not be removed if the number of votes, or if the director was elected by a class, chapter, unit, or grouping of members, the number of votes of that class, chapter, unit, or grouping, sufficient to elect the director under cumulative voting is against the director’s removal.
(e) A director elected by members may be removed by the members at any regular or special meeting; provided that:

(1) The board of directors recommends removal of the director; or
(2) A member delivers to the secretary of the association or managing agent a petition for removal of the director that:

(A) Is signed by members representing at least one hundred units or members who own at least twenty-five per cent of the total number of units in the planned community, whichever is less;
(B) Contains the printed name, identification of the unit, address of the signing members, and dates of their signatures;
(C) Is delivered within seven days after the posting of a notice of intent to distribute proxies that includes the election of directors in accordance with section 421J-4(e), or within seven days after the posting of a notice of intent to distribute a notice of a meeting under section 421J-3.5(f); and
(D) Is submitted within one hundred twenty days of the earliest signature.
(f) If the board of directors recommends removal, or if a timely petition is delivered to the secretary of the association or managing agent, the secretary or managing agent shall include the proposed removal in the notice of the meeting.
(g) In computing whether a director is protected from removal under subsections (b) through (d), it shall be assumed that the votes against removal of the director are cast in an election for the number of directors to the class to which that director belonged at the meeting at which the removal is proposed.
(h) An entire board of directors may be removed pursuant to subsections (a) through (c).
(i) If, at the beginning of a director’s term on the board, the association documents provide that the director may be removed for missing a specified number of board meetings, the board may remove the director for failing to attend the specified number of meetings. The director may be removed only if a majority of the directors then in office vote for the removal.

  Previous
Next  
 Chapter 421J Contents