reglab/housing_qa huggingface dataset:
HI Rev Stat § 421H-4 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421H. Limited-Equity Housing Cooperatives|421H-4 Use of corporate equity.

 §421H-4 Use of corporate equity. (a) The corporate equity shall not be used for distribution to members, but only for the following purposes, and only to the extent authorized by the board, subject to the provisions and limitations of the charter of incorporation and bylaws:  (1) For the benefit of the corporation or the improvement of the real property, including its use as collateral for loans.  (2) For expansion of the corporate equity by acquisition of additional interest in real property for purposes consistent with its charter.  (3) For public benefit or charitable purposes.  (b) Upon sale of the property, dissolution of the corporation, or occurrence of a condition requiring termination of the trust or reversion of title to the real property, the corporate equity shall be required by the charter, bylaws, or trust or title conditions to be paid out, or title to the property transferred, subject to outstanding encumbrances and liens, and the transfer value of membership shares, for use for public or charitable purposes.  (c) The membership shares and cooperative fees are interests in real property for purposes of:  (1) Cooperative housing corporations under section 216 of the federal Internal Revenue Code of 1954, as amended; and  (2) Exemption from state general excise tax under section 237-24(16). [L 1987, c 105, pt of §1; am L 1989, c 14, §16; am L 1993, c 350, §16]
HI Rev Stat § 421H-5 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421H. Limited-Equity Housing Cooperatives|421H-5 REPEALED.

 §421H-5 REPEALED. L 2002, c 129, §6.
HI Rev Stat § 421I-1 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-1 Cooperative housing corporation; defined.

  §421I-1 Cooperative housing corporation; defined. As used in this chapter, unless otherwise indicated by the context, "corporation" means a cooperative housing corporation that:  (1) Has one and only one class of stock outstanding;  (2) Allows each tenant shareholder to occupy a dwelling unit for dwelling purposes solely by reason of the tenant shareholder's ownership of stock in the corporation;  (3) Does not allow a shareholder to receive, either conditionally or unconditionally, any distributions from the corporation except when there is a complete or partial liquidation of the corporation; provided that this paragraph does not apply to earnings and profits of the corporation; and  (4) Has eighty per cent or more of the gross income for the taxable year in which taxes are paid or incurred pursuant to 26 United States Code section 216(A) derived from tenant shareholders. [L 1993, c 282, pt of §1]
HI Rev Stat § 421I-2 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-2 Amendment of bylaws.

  §421I-2 Amendment of bylaws. The bylaws of a corporation may be amended only upon receiving the affirmative vote or written consent of at least two-thirds of the shareholders. [L 1993, c 282, pt of §1]
HI Rev Stat § 421I-3 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-3 Board of directors; election.

  §421I-3 Board of directors; election. (a) A meeting of the corporation for the purpose of electing the board of directors shall be held not later than one hundred eighty days after the first conveyance of a dwelling unit to a shareholder, if at least forty per cent of the dwelling units have been conveyed by that time. If forty per cent of the dwelling units have not been conveyed within one year after the first conveyance, the meeting of the corporation may be held upon the call of the owners of at least ten per cent of the shares by a petition presented to the secretary of the corporation.  (b) Every member of the board of directors shall be:  (1) A shareholder of the cooperation;  (2) A spouse of a shareholder; or  (3) A trust beneficiary, if the shareholder is a trustee.  (c) Each dwelling unit shall have only one representative on the board of directors. [L 1993, c 282, pt of §1]
HI Rev Stat § 421I-4 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-4 Proxies.

  §421I-4 Proxies.  (a) A proxy shall be valid only for a specific meeting and any of that meeting's adjournments.  (b) A shareholder may designate any person or the board of directors as a proxy, and the proxy may be limited as indicated by the shareholder. No proxy shall be irrevocable unless:  (1) The proxy is coupled with a financial interest in the dwelling unit; or  (2) The proxy is held pursuant to a first mortgage of record encumbering a dwelling unit or an agreement of sale affecting a dwelling unit.  (c) A proxy statement shall contain at least the following information:  (1) The name of the corporation;  (2) The date of the meeting to which the proxy is applicable;  (3) The printed name and the signature of the shareholder giving the proxy; and  (4) The dwelling unit or units for which the proxy is given. [L 1993, c 282, pt of §1]
HI Rev Stat § 421I-5 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-5 Meetings of the board of directors.

  §421I-5 Meetings of the board of directors. (a) All meetings of the board of directors, other than executive sessions, shall be open to all shareholders, and the shareholders may participate in any deliberation or discussion unless a majority of a quorum of the board of directors votes otherwise. The board of directors may adopt reasonable restrictions on shareholder participation.  (b) The board of directors shall meet at least once each year. Whenever practicable, notice of all board meetings shall be posted in prominent locations within the project by the resident manager, managing agent, member of the board of directors, or other person designated by the board of directors, at least seventy-two hours prior to the meeting or simultaneously when notice is given to members of the board of directors.  (c) Minutes of the meetings of the board of directors shall include the recorded vote of each board member on all motions except motions voted upon in executive session.  (d) The board of directors, with the approval of a majority of a quorum of its members, may adjourn any meeting and reconvene in executive session to discuss and vote upon matters concerning personnel or litigation in which the corporation is or may become involved, if the general nature of any business to be considered in executive session is first announced in the session open to all shareholders.  (e) No board member shall cast that board member's vote by proxy.  (f) A board member shall not be allowed to vote at any board meeting where the board member has a conflict of interest. The board member shall disclose the conflict of interest, in its general nature, prior to the vote on that matter. The minutes of the meeting shall record the substance of the disclosure of the conflict of interest. [L 1993, c 282, pt of §1]
HI Rev Stat § 421I-7 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-7 Shareholder list.

  §421I-7 Shareholder list. The resident manager or managing agent or board of directors shall keep an accurate and current list of shareholders of the corporation and their current addresses, including the names and addresses of the vendees under an agreement of sale, if any. The list shall be maintained at a place designated by the board of directors and a copy shall be available, at cost, to any shareholder who furnishes to the resident manager, managing agent, or board of directors an affidavit stating that the list shall be used solely by the shareholder personally and solely for the purpose of soliciting votes or proxies or providing information to other shareholders with respect to corporation matters, and shall not be furnished to anyone for use for any other purpose. [L 1993, c 282, pt of §1]
HI Rev Stat § 421I-8 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-8 Notification of assessment increases.

  §421I-8 Notification of assessment increases. (a)  The board of directors shall notify the shareholders in writing of any increase in assessments for common expenses, at least thirty days prior to the increase.  (b) As used in this section, "assessments for common expenses" means any amounts collected from shareholders pursuant to the terms of the corporation's bylaws, articles of incorporation, or proprietary leases, for the operation, maintenance, management, repair, replacement, and improvement of the land, buildings, and any other real or personal property owned or leased by the corporation. [L 1993, c 282, pt of §1]
HI Rev Stat § 421I-9 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-9 Mediation and arbitration of disputes.

 §421I-9 Mediation and arbitration of disputes. At the request of any party, any dispute concerning or involving one or more shareholders and a corporation, its board of directors, managing agent, resident manager, or one or more other shareholders relating to the interpretation, application, or enforcement of this chapter or the corporation's articles of incorporation, bylaws, or rules adopted in accordance with its bylaws shall be submitted first to mediation. When all reasonable efforts for mediation have been made and the dispute is not settled either in conference between the parties or through mediation, the dispute shall be submitted to arbitration in the same manner and subject to the same requirements, to the extent practicable, which now apply to condominiums under section 514B-162. [L 1993, c 282, pt of §1; am L 2004, c 164, §12; am L 2005, c 93, §7; am L 2008, c 28, §9; am L 2017, c 181, §16]
HI Rev Stat § 421I-10 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-10 Applicability of other laws.

  §421I-10 Applicability of other laws. Nothing in this chapter shall be construed to relieve any corporation from compliance with or being subject to any other applicable law. [L 1993, c 282, pt of §1]
HI Rev Stat § 421I-11 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-11 Application of Hawaii business corporation act.

  §421I-11 Application of Hawaii business corporation act. The provisions of the Hawaii Business Corporation Act, chapter 414, shall apply to cooperative housing corporations, except to the extent that the provisions of chapter 414 are inconsistent with this chapter. [L 1993, c 282, pt of §1; am L 2002, c 40, §60]
HI Rev Stat § 421I-12 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-12 Employees of cooperative housing corporations; background checks.

  §421I-12 Employees of cooperative housing corporations; background checks. The board of directors of a cooperative housing corporation, or the manager of a cooperative housing project, upon the written authorization of an applicant for employment as a security guard or manager or for a position that would allow the employee access to the keys of or entry into the units in the project or access to corporation funds, may conduct a background check on the applicant, or direct another responsible party to conduct the check. Before initiating or requesting a check, the board of directors or the manager shall first certify that the signature on the authorization is authentic and that the person is an applicant for employment. The background check, at a minimum, shall require the applicant to disclose whether:  (1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant is unsuited for employment as an employee with access to corporation funds or the keys of or entry to the units in the project; and  (2) The judgment of conviction has not been vacated.  For purposes of this section, the criminal history disclosure made by the applicant may be verified by the board of directors, manager, or other responsible party, if so directed by the board or the manager, by means of information obtained through the Hawaii criminal justice data center. The board or manager may conduct a criminal history record check directly through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include but not be limited to the applicant's name, social security number, date of birth, and gender. This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section. Failure of a cooperative housing corporation or the manager to conduct or verify or cause to have conducted or verified a background check shall not alone give rise to any private cause of action against the corporation or manager for acts and omissions of the employee hired. [L 2003, c 95, §6]
HI Rev Stat § 421I-13 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421I. Cooperative Housing Corporations|421I-13 Service of process.

  §421I-13 Service of process. The board of directors of the corporation shall establish a policy to provide reasonable access to persons authorized to serve civil process in compliance with section 634-21.5. [L 2009, c 158, § §1, 8; am L 2011, c 65, §1]
HI Rev Stat § 421J-1 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-1 Scope.

  §421J-1 Scope. This chapter shall apply to all planned community associations existing as of June 16, 1997 and all planned community associations created thereafter. [L 1997, c 132, pt of §1] Revision Note  "June 16, 1997" substituted for "the effective date of this chapter".
HI Rev Stat § 421J-1.5 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-1.5 Interpretation.

  §421J-1.5 Interpretation. This chapter and any association document subject thereto shall be liberally construed to facilitate the operation of the planned community association. [L 2008, c 70, pt of §2]
HI Rev Stat § 421J-3 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-3 Board of directors.

  §421J-3 Board of directors. (a) Every member of the board of directors shall be a member of the association. However, a developer may appoint or elect directors pursuant to any special voting rights or power of appointment reserved to the master developer.  (b) The board of directors shall be composed of the number and group of persons specified in the association documents. There shall not be more than one representative on the board of directors from any one unit that is owned by any person other than the master developer or declarant. [L 1997, c 132, pt of §1]
HI Rev Stat § 421J-3.5 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-3.5 Notice required; regular, annual, and special meetings.

  §421J-3.5 Notice required; regular, annual, and special meetings. (a) Not less than fourteen days in advance of any regular, annual, or special meeting of an association, the secretary or other officer specified in the bylaws shall give written notice of the meeting to each member of the association as provided in the bylaws of the association or by two or more of the following means:  (1) Hand delivery;  (2) United States mail sent to the mailing address of each unit or to another mailing address designated in writing by the association member;  (3) Electronic mail to the electronic mailing address designated in writing by the association member; or  (4) Posting of the meeting notice in its entirety on a portion of the association's website that is accessible to all members.  (b) Notice pursuant to this section shall state:  (1) The date, time, and place of the meeting; and  (2) The items on the agenda, including the general nature of and rationale for any proposed amendment to the declaration or bylaws; any proposal for a special assessment, unless the authority for a special assessment is otherwise provided for in the association's governing documents; and any proposal to remove a member of the board.  (c) The requirements of this section shall not be interpreted to preclude any association member from proposing an amendment to the declaration or bylaws or proposing to remove a member of the board at an association meeting.  (d) The requirements of this section shall not be interpreted to apply to any board meetings or committee meetings of a planned community association.  (e) Notwithstanding any provision to the contrary in the association documents, the association may conduct an annual, regular, or special meeting remotely in a manner consistent with section 414D-101(g) or 414D-102(f), as applicable. [L 2013, c 188, §2; am L 2021, c 83, §1]
HI Rev Stat § 421J-5 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-5 Meetings of the board of directors; committee or subcommittee.

  §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.  (c) The board of directors, with the approval of a majority of a quorum of its members, may adjourn any meeting and reconvene in executive session to discuss and vote upon matters concerning personnel, litigation in which the association is or may become involved, or as may be necessary to protect the attorney-client privilege of the association. The general nature of any business to be considered in executive session shall be first announced in the regular session.  (d) No board member shall vote by proxy at board meetings.  (e) A director who has a conflict of interest on any issue before the board shall disclose the nature of the conflict of interest prior to a vote on that issue at the board meeting, and the minutes of the meeting shall record the fact that a disclosure was made.  (f) The board may appoint committees or subcommittees to review and consider any specific matters, and may alter or eliminate the committees or subcommittees; provided that the board in the minutes of the meeting at which the action was taken to appoint the committee or subcommittee shall:  (1) Report that the committee or subcommittee was appointed;  (2) Identify the members of the committee or subcommittee; and  (3) Describe the matter that the committee or subcommittee is to review and consider.  (g) Minutes of the meetings of the board of directors shall include the recorded vote of each board member present on all motions except motions voted upon in executive session. [L 1997, c 132, pt of §1; am L 2006, c 312, §2; am L 2008, c 191, §1]
HI Rev Stat § 421J-6 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-6 Robert's Rules of Order.

  §421J-6 Robert's Rules of Order. All association and board of directors meetings shall be conducted in accordance with the most current edition of Robert's Rules of Order, Newly Revised. [L 1997, c 132, pt of §1]
HI Rev Stat § 421J-7.5 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-7.5 Restatement of association documents.

  §421J-7.5 Restatement of association documents. (a) Notwithstanding any provision of this chapter, an association, by a resolution adopted by the board, may at any time restate the association documents of the association to include amendments to the association documents.  (b) An association, by a resolution adopted by the board, may at any time, restate the association documents of the association to amend the association documents as necessary to conform with this chapter or any other applicable law, ordinance, or rule; provided that any association documents restated pursuant to this section shall:  (1) Identify each portion so restated;  (2) Contain a statement that those portions have been restated solely for purposes of information and convenience;  (3) Identify the law, ordinance, or rule implemented by the amendment; and  (4) Contain a statement that, in the event of any conflict, the restated association documents shall be subordinate to the cited law, ordinance, or rule. The restated association documents shall be effective for all purposes as if adopted by a vote or written consent of the members.  (c) Upon the adoption of a resolution pursuant to subsection (a) or (b), the restated association documents shall state all of the operative provisions of the original association documents, together with a statement that the restated association documents correctly state the corresponding provisions of the association documents, and that the restated association documents supersede the original association documents and any relative amendments.  (d) A restated association document shall be recorded if the original document was recorded and the restated association documents shall supersede the original association documents and any relative amendments. In the event of any conflict, the restated association documents shall be subordinate to the original association documents and any relative amendments. [L 2008, c 70, pt of §2]
HI Rev Stat § 421J-8 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-8 Membership list.

  §421J-8 Membership list. The association shall use good faith efforts to keep an accurate and current list of the names and addresses of association members. If the list is not provided directly to members, the association shall develop a reasonable procedure by which owners may solicit votes or proxies or provide information to other owners with respect to association matters. The board may require members to furnish the association with an affidavit stating that the use of the list is requested in good faith for the protection of the association, its members, or both. [L 1997, c 132, pt of §1]
HI Rev Stat § 421J-9 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-9 Notification of assessment increases.

  §421J-9 Notification of assessment increases. The board of directors shall notify members in writing of any increase in regular assessments at least thirty days prior to the increase. [L 1997, c 132, pt of §1]
HI Rev Stat § 421J-11 (2021)
2021 Hawaii Revised Statutes|Title 23. Corporations and Partnerships|421J. Planned Community Associations|421J-11 Applicability of other laws.

  §421J-11 Applicability of other laws. Nothing in this chapter shall be construed to exempt any association or person from compliance with any applicable law, or subject any association or person to any other applicable law; provided that in the event of a conflict between any such law and this chapter, this chapter shall govern. [L 1997, c 132, pt of §1]