HB1701

Report Title:

Condominium Property Regimes

Description:

Provides for the installation of television signal distribution and telecommunications equipment by the board of directors of an association of apartment owners.

HOUSE OF REPRESENTATIVES	H.B. NO.	1701
TWENTY-FIRST LEGISLATURE, 2002
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. Chapter 514A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§514A- Television signal distribution and telecommunications equipment. (a) Notwithstanding any law to the contrary, the declaration of any project, or the by-laws of any association of apartment owners:

(1) The board may install or cause the installation of television signal distribution and telecommunications equipment upon the common elements of the project; provided that the television signal distribution and telecommunications equipment 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 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 law to the contrary, the declaration of any project, or the by-laws of any association of apartment owners:

(1) The board may abandon or change the use of any television signal distribution and telecommunications equipment on account of 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 on account of 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.

"Board" means the board of directors of an association of apartment owners.

"Television signal distribution and telecommunications equipment" includes antennae, conduits, chases, cables, and wires used for television signal distribution and telecommunications. This term shall be broadly construed 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:	_____________________________