Bill Text: HI HB1757 | 2022 | Regular Session | Amended
Bill Title: Relating To Planned Community Associations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2022-03-11 - Referred to CPN, JDC. [HB1757 Detail]
Download: Hawaii-2022-HB1757-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1757 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PLANNED COMMUNITY ASSOCIATIONS.
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- Xeriscaping. (a) No owner shall be prevented by any
association document, however worded, from utilizing xeriscaping at the owner's
unit. No sub-association shall be
prevented by any association document, however worded, from utilizing
xeriscaping in a common area controlled by the sub‑association pursuant
to the declaration.
(b) Notwithstanding
subsection (a), an association may adopt rules regarding the design of any xeriscaping
project.
(c)
Any provision in any association document contrary to the intent of this
section shall be void and unenforceable.
(d)
For purposes of this section, "xeriscaping" means the
practice of designing landscapes to reduce or eliminate the need for irrigation
by replacing grassy lawns with soil, rocks, mulch, and drought-tolerant plant
species, including drought‑tolerant native plant species."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.
Report Title:
Planned Community Associations; Landscaping; Xeriscaping
Description:
Prohibits planned community associations from prohibiting an owner or a sub-association from utilizing xeriscaping. Allows associations to adopt rules regarding the design of any xeriscaping project. Voids any provision in an association document that prohibits xeriscaping. Effective 1/1/2050. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
