SB2289

Report Title:

Condominium Property Regimes; Telecommunications Equipment

Description:

Gives a board of directors of a condominium association the authority to install telecommunications equipment; and to change current equipment due to changes in technologies or economic considerations.

THE SENATE	S.B. NO.	2289
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-    Telecommunications equipment. (a) Notwithstanding any other provisions to the contrary in this chapter, in the declaration of any project, or in the by-laws 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 effect any nonconsenting apartment owner.

(b) Notwithstanding any other provision to the contrary in this chapter, in the declaration of any project, or in the by-laws 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 in order 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 in order 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) As used in this section, the terms "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. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________