HOUSE OF REPRESENTATIVES

H.B. NO.

34

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to smoking.

 

 

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

 


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

"421I- Adoption of rules; prohibition of smoking permitted. Unless otherwise prohibited by the articles of incorporation or bylaws, a corporation may adopt rules to prohibit tenant shareholders, guests, and all other persons from smoking in dwelling units, common elements, or limited common elements of the corporation."

SECTION 2. Section 514B-105, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Unless otherwise permitted by the declaration, bylaws, or this chapter, an association may adopt rules [and regulations] that affect the use of or behavior in units that may be used for residential purposes only to:

(1) Prevent any use of a unit [which] that violates the declaration or bylaws;

(2) Regulate any behavior in or occupancy of a unit [which] that violates the declaration or bylaws or unreasonably interferes with the use and enjoyment of other units or the common elements by other unit owners; [or]

(3) Prohibit smoking by an owner, resident, or guest in all units, common elements, or limited common elements as defined in section 514B-3; or

[(3)] (4) Restrict the leasing of residential units to the extent those rules are reasonably designed to meet underwriting requirements of institutional lenders who regularly lend money secured by first mortgages on units in condominiums or regularly purchase those mortgages.

Otherwise, the association may not regulate any use of or behavior in units by means of the rules [and regulations]."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Smoking; Condominiums; Cooperative Housing Corporations; Prohibition by Rule

 

Description:

Allows condominiums and cooperative housing corporations to adopt rules to prohibit smoking in units, common elements, or limited common elements.

 

 

 

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