Termination, expulsion, and suspension
HRS §414D-89
in effect414D-89. Termination, expulsion, and suspension
(a) No member may be expelled or suspended, and no membership or memberships in such corporations may be terminated or suspended except pursuant to a procedure that is fair and reasonable, and is carried out in good faith.
(b) A procedure shall be fair and reasonable
when either:
(1) The articles or bylaws set forth a procedure that
provides:
(A) Not less than fifteen days prior written
notice of the expulsion, suspension, or termination and the reasons therefor;
and
(B) An opportunity for the member to be
heard, orally or in writing, not less than five days before the effective date
of the expulsion, suspension, or termination by a person or persons authorized
to decide that the proposed expulsion, termination, or suspension not take
place; or
(2) It is fair and reasonable taking into
consideration all of the relevant facts and circumstances.
(c) Any written notice given by mail shall be
sent to the last known address of the member shown on the corporation's
records.
(d) Any proceeding challenging an expulsion,
suspension, or termination, including a proceeding in which defective notice is
alleged, shall commence within one year after the effective date of the
expulsion, suspension, or termination.
(e) A member who has been expelled or
suspended may be liable to the corporation for dues, assessments, or fees as a
result of obligations incurred or commitments made prior to the expulsion or
suspension.
(f) If the expulsion or termination of
membership is the result of a judicial or nonjudicial foreclosure proceeding,
no other proceeding may be brought to challenge the expulsion or termination
and in no event shall this provision give rise to any right of redemption.
[L
2001, c 105, pt of §1; am L 2002, c 130, §43]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol08_Ch0401-0429/HRS0414D/HRS_0414D-0089.htmFetched: 11/10/2026