Report Title:

Condominium Property Regimes

Description:

Allows licensed amateur radio operators living in condominium property regimes to install antennas on their apartment units.

HOUSE OF REPRESENTATIVES

H.B. NO.

2773

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CONDOMINIUM PROPERTY REGIMES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 514A-13.4, Hawaii Revised Statutes, is amended to read as follows:

"[[]514A-13.4[]] Telecommunications equipment. (a) Notwithstanding any other provisions to the contrary in this chapter, in the declaration of any project, or in the bylaws of any association:

(1) The board of directors of an association [shall have the authority to] may install or cause the installation of antennas, conduits, chases, cables, wires, and other television signal distribution and telecommunications equipment upon the common elements of the project; provided that the same shall not be installed upon any limited common element without the consent of the owner or owners of the apartment or apartments for the use of which the limited common element is reserved; and

(2) The installation of antennas, conduits, chases, cables, wires, and other television signal distribution and telecommunications equipment upon the common elements by the board shall not be deemed to alter, impair, or diminish the common interest, elements, and easements appurtenant to each apartment or to be a structural alteration or addition to any building different in any material respect from the plans of the project filed in accordance with section 514A-12; provided that no such installation shall directly affect any nonconsenting apartment owner.

(b) Notwithstanding any other provision to the contrary in this chapter, in the declaration of any project or in the bylaws of any association:

(1) The board shall be authorized to abandon or change the use of any television signal distribution and telecommunications equipment due to technological or economic obsolescence or to provide an equivalent function by different means or methods; and

(2) The abandonment or change of use of any television signal distribution or telecommunications equipment by the board due to technological or economic obsolescence or to provide an equivalent function by different means or methods shall not be deemed to alter, impair, or diminish the common interest, elements, and easements appurtenant to each apartment or to be a structural alteration or addition to any building different in any material respect from the plans of the project filed in accordance with section 514A-12.

(c) Notwithstanding any other provision to the contrary in this chapter, in the declarations of any project, or in the bylaws of any association, an apartment owner, without needing to seek the consent of any association of apartment owners, or of the board thereof, or any managing agent, may install or cause the installation of antennas, conduits, chases, wires, and other telecommunications equipment directly attached to the apartment owner's apartment or to any limited common element reserved for the use of the apartment so long as:

(1) The apartment owner is an amateur radio operator licensed by the Federal Communications Commission;

(2) The antennas, conduits, chases, wires, and other telecommunications equipment are approved by the Federal Communications Commission; and

(3) The installation of the antennas, conduits, chases, wires, and other telecommunications equipment does not directly affect any other apartment owner in the project.

(d) As used in this section:

"Directly affect" means the installation of television signal distribution and telecommunications equipment in a manner which would specially, personally, and adversely affect an apartment owner in a manner not common to the apartment owners as a whole.

"Television signal distribution" and "telecommunications equipment" shall be construed in their broadest possible senses in order to encompass all present and future forms of communications technology."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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