How to Recall HOA Board Members in Hawaii

For condominiums, Section 514B-106(f) of the Hawaii Condominium Property Act states:

“(f)  At any regular or special meeting of the association, any member of the board may be removed and successors shall be elected for the remainder of the term to fill the vacancies thus created.  The removal and replacement shall be by a vote of a majority of the unit owners and, otherwise, in accordance with all applicable requirements and procedures in the bylaws for the removal and replacement of directors and, if removal and replacement is to occur at a special meeting, section 514B‑121(c). [L 2004, c 164, pt of §2; am L 2005, c 93, §7 and c 155, §3; am L 2006, c 273, §16; am L 2014, c 189, §4 and c 235, §3; am L 2017, c 81, §2; am L 2019, c 14, §2]”

Section 514B-39 of the same act states: “If the declaration designates any portion of the common elements as limited common elements, those limited common elements shall be subject to the exclusive use of the owner or owners of the unit or units to which they are appurtenant, subject to the provisions of the declaration and bylaws.  No amendment of the declaration affecting any of the limited common elements shall be effective without the consent of the owner or owners of the unit or units to which the limited common elements are appurtenant.”

Additionally, the Hawaii Nonprofit Corporations Act also discusses the procedures for removing board members. Section 414D-138 deals with the removal of directors elected by members or directors, Section 414D-139 deals with the removal of designated or appointed directors, and Section 414D-140 deals with the removal of directors by judicial proceeding.

Beyond that, you should check your bylaws and CC&Rs for the exact requirements and procedures that your association requires when it comes to removing board members and the use of limited common elements.