Hawaii Statewide Rule
Hawaii Planned Community Board Meetings, Notice & Records
Key Facts
- Governing law
- Haw. Rev. Stat. §§ 421J-5, 421J-3.5, 421J-7, 421J-3.3
- Open meetings
- Board meetings open except executive session (§ 421J-5)
- Meeting notice
- ≥ 14 days' written notice with agenda (§ 421J-3.5)
- Records access
- Documents, financials, minutes examinable (§ 421J-7)
- Director removal
- With or without cause unless documents say otherwise (§ 421J-3.3)
Summary
Under Haw. Rev. Stat. § 421J-5, all board meetings except executive sessions must be open to members. Section 421J-3.5 requires at least 14 days' written notice of regular, annual, or special member meetings, and § 421J-7 gives members the right to examine association documents, financials, and approved minutes. Members may remove directors with or without cause (§ 421J-3.3).
§421J-5 Meetings of the board of directors; committee or subcommittee. (a) All meetings of the board of directors, other than executive sessions, shall be open to all members to provide input on the matters being discussed. Members who are not on the board of directors may participate in any deliberation or discussion, other than during executive sessions, unless a majority of a quorum of the board of directors votes otherwise. (b) The board of directors shall meet at least once each year.
Full Breakdown
Section 421J-5(a) requires that 'all meetings of the board of directors, other than executive sessions, shall be open to all members to provide input,' and the board may enter executive session only for personnel, litigation, or attorney-client matters first announced in open session. The board must meet at least yearly and record each member's vote in the minutes (§ 421J-5(b),(g)). Section 421J-3.5 requires written notice of any regular, annual, or special member meeting 'not less than fourteen days in advance,' delivered by at least two listed means, stating the agenda. Section 421J-7 makes association documents, the current financial statement, and approved board minutes available for examination by any member at no cost on 24-hour loan or during reasonable hours, with broader financial records available at cost. Members may remove a director 'with or without cause unless otherwise provided in the association documents' (§ 421J-3.3), and cumulative voting applies only if the documents allow it (§ 421J-3.2).
Violations & Penalties
No criminal penalty. A member improperly denied an open meeting, required notice, or records access may seek enforcement, and § 421J-10 awards the prevailing member reasonable attorneys' fees and costs in an action to enforce Chapter 421J or the association documents. Improperly closed meetings or defective notice can render board action subject to challenge.
Frequently Asked Questions
Are Hawaii planned community board meetings open to members?
How much notice must a Hawaii HOA give before a meeting?
Can I inspect my Hawaii HOA's records?
Sources
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