Report Title:

Subdivisions; Amateur Radio Operator Equipment Installation.

Description: Grants the boards of directors of planned community associations located in agricultural districts, the authority to permit owners to install antennas for amateur radios. If a board denies permission to install an antenna, it shall state the reasons in writing. (SB2774 CD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2774

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

S.D. 1


C.D. 1

A BILL FOR AN ACT

 

RELATING TO SUBDIVISIONS.

 

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

 

SECTION 1. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"421J- Amateur radio antennas. (a) Notwithstanding any other provisions to the contrary in this chapter or in the association documents:

(1) The board of directors of an association shall have the authority to permit owners to install antennas for amateur radios in their units located in agricultural districts as defined in section 205-2; provided that no antenna shall be installed upon any common area without compliance with all the provisions of the association documents; and

(2) If a board of directors in its sole discretion denies an owner permission to install an antenna for amateur radio, the board shall provide the reason for the denial in writing.

(b) The board of directors may delegate its authority to a design review committee or such other committee provided for in the association documents.

(c) Nothing in this section shall prohibit the association from permitting other antennas otherwise permitted by the association documents."

SECTION 2. New statutory material is underscored.

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