§421J-7.5 - Restatement of association documents. - Hawaii Statutes

     [§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]