HB1701 HD1

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. (HB1701 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	1701
TWENTY-FIRST LEGISLATURE, 2002		H.D. 1
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 other provision of this chapter, the declaration of any project, or the by-laws of any association of apartment owners to the contrary:

(1) The board of directors may install or cause the installation of television signal distribution and telecommunications equipment upon the common elements of the project; provided that said equipment shall not be installed upon any limited common element without the consent of the apartment owner or owners to which the use of the limited common element is reserved;

(2) The board of directors 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

(3) Actions of the board of directors pursuant to paragraphs (1) and (2) 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) Any action taken by the board of directors under this section shall remain subject to all applicable legal requirements and obligations, including but not limited to any contractual obligations.

(c) As used in this section, "television signal distribution and telecommunications equipment" includes antennae, conduits, chases, cables, and wires used for television signal distribution and telecommunications."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2050.