2026-09-10 · Hawaii · Legislation

Hawaii has closed a gap that let a board decide, by procedure rather than by vote, who could win a cumulative-voting election. Act 37 (2026) amends both association statutes so that the word “candidate” in the cumulative-voting sections means “a nominee or write-in candidate.” It was signed by Governor Josh Green on May 26, 2026 and took effect that day.¹²

What changed, in the text

The Act is short and it lands in two places at once: HRS § 514B-124.5 for condominiums and HRS § 421J-3.2 for planned community associations. Three edits matter.

1. The trigger clause moved from the documents to the bylaws. Section 421J-3.2(a) used to open “If the association documents provide for cumulative voting by members.” It now reads “If an election is to be held by cumulative voting pursuant to the bylaws.” The condominium section took the parallel edit.¹

2. “Candidate” is now defined — and the definition is the whole point. Both sections gain identical language: “As used in this section, ‘candidate’ means a nominee or write-in candidate.” Every operative reference to “nominee” in § 514B-124.5(b)–(c) became “candidate.”

3. The arithmetic is stated differently. Section 421J-3.2(a) previously told a member to cast “the product” for one candidate or distribute “the product” among several. It now says a member may “give all of the votes to one candidate or distribute the individual votes among any or all of the candidates.” Section 514B-124.5(b) matches: an owner may “cumulate the individual votes of the unit owner.”

Act 37 also imports into ch. 421J a tie-and-term rule the condominium chapter already had: “The candidates receiving the highest number of votes under this section, up to the total number of positions to be filled, shall be deemed elected, and shall be given the longest term.”

What did not change

Cumulative voting is still opt-in. Section 421J-3.2(b) survives untouched: “Unless otherwise provided in the association documents, cumulative voting shall not be permitted.” An association whose bylaws are silent runs a straight one-vote-per-seat election, and Act 37 does nothing to it.

1. HB 1678, C.D. 1 (enrolled) — Act 37, Session Laws of Hawaii 2026, Hawaii State Legislature ↩
2. Governor's Message 1137 — signing of Act 37, May 26, 2026 ↩
3. House Standing Committee Report 898-26 (Consumer Protection & Commerce), March 5, 2026 ↩
4. Legislative Reference Bureau, Bills Enacted — Regular Session of 2026 (Act numbers and effective dates) ↩
5. HRS § 514B-124.5, pre-amendment text (L 2014, c 189, § 1) ↩