Attending HOA Meetings in Hawaii

Hawaii opens the board's meetings to owners under both its condominium and planned-community laws, and even lets owners participate in the discussion. Knowing what the statute requires helps you press for it. For your specific situation, a licensed Hawaii attorney is the right resource. This is general information, not legal advice.

Open board meetings for condos: HRS § 514B-125

Under § 514B-125, "[a]ll meetings of the board, other than executive sessions, shall be open to all members of the association," and members who are not on the board "shall be permitted to participate in any deliberation or discussion, other than executive sessions, pursuant to owner participation rules adopted by the board." So owners may not only watch but take part, within reasonable rules the board sets.

The board "shall meet at least once a year," and notice "shall be posted … in prominent locations within the project seventy-two hours prior to the meeting." Owners may also participate remotely where the board permits it.

Executive sessions are limited

The board may reconvene in executive session, but only "to discuss and vote upon matters concerning personnel, litigation … or as may be necessary to protect the attorney-client privilege," and "[t]he general nature of any business to be considered in executive session shall be first announced in the regular session." So owners are told, in open session, the general subject of anything the board takes behind closed doors.

Planned communities: HRS § 421J-5

For planned communities under Chapter 421J, § 421J-5 provides a parallel rule: board meetings other than executive sessions "shall be open to all members," who "may participate in any deliberation or discussion … unless a majority of a quorum of the board of directors votes otherwise." Chapter 421J also sets meeting-notice requirements in § 421J-3.5.

What the bylaws and corporation law add

Quorum, proxies, how directors are elected, and detailed voting procedures generally come from the declaration and bylaws and Hawaii's nonprofit corporation law, which fill in the mechanics around the statutory open-meeting floor. A licensed Hawaii attorney can read them with you.

What people generally do

For owners who want a real voice in their Hawaii association, a few things commonly matter:

• Whether board meetings are posted 72 hours ahead (condos) and held open.
• The board's owner-participation rules, which govern how owners take part in deliberations.
• Whether executive-session topics are announced in open session first.
• Minutes and the financial statement show how decisions were made.
• If meetings fall short of § 514B-125 or § 421J-5, a licensed Hawaii attorney or the state's dispute-resolution options are the available resources.

Sources

• HRS § 514B-125 — Board meetings
• HRS § 421J-5 — Meetings of the board of directors