Report Title:
Condominium Property Regimes; HAM Radio Equipment
Description:
Allows the board of directors of an association to allow owners to install antennas for amateur radios. Requires a written statement of the reasons for a denial. (HB2773 CD1))
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2773 |
TWENTY-SECOND LEGISLATURE, 2004 |
H.D. 1 |
|
STATE OF HAWAII |
S.D. 1 |
|
|
C.D. 1 |
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 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:
(1) The board of directors of an association shall have the authority to permit owners to install antennas for amateur radios in their apartments or their 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;
(2) The installation of antennas for amateur radios approved by the board pursuant to subsection (c)(1) 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; and
(3) If a board of directors in its sole discretion denies an owner permission to install an antenna for amateur radio in the owner's apartment or limited common element, the board shall provide the reasons for the denial in writing.
[(c)] (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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.