Bill Text: HI HB2478 | 2018 | Regular Session | Introduced

Hawaii House Bill 2478 (Prior Session Legislation)

Introduced

Bill Title: Relating To Condominiums.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2018-01-29 - Referred to CPC, JUD, referral sheet 9 [HB2478 Detail]

Download: Hawaii-2018-HB2478-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2478
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to condominiums.

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

SECTION 1. The legislature finds that the installation of security cameras upon the property of a unit owner within a condominium property regime may deter criminal activity on and around the property. Additionally, the installation of security cameras may provide recorded surveillance that can serve as evidence in the criminal prosecution of offenders. The legislature further finds that the current approval processes for security cameras can extend to great lengths of time, during which potential criminal activity could occur that would otherwise be mitigated if the owner were allowed to install the equipment at will. Given this vital role of security cameras for the protection of personal and real property, a governing board should not have power over approval and disapproval of said equipment.

The purpose of this Act is to authorize a unit owner to install security cameras upon property solely owned by the unit owner and that the installation of security cameras shall not be subject to or require approval from the board of directors of the condominium association.

SECTION 2. Section 514B-140, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Notwithstanding any other law to the contrary in this chapter or any provisions in any declaration or bylaws:

(1) Regarding the installment of telecommunications equipment:

(A) The board 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 unit or units for the use of which the limited common element is reserved; [~~and~~]

(B) 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, common elements, and easements appurtenant to each unit, or to be a structural alteration or addition to any building constituting a material change in the plans of the project filed in accordance with sections 514B‑33 and 514B‑34; provided that no installation shall directly affect any nonconsenting unit owner; and

(C) A unit owner shall have the authority to install or cause the installation of security video telecommunications equipment upon property solely owned by the unit owner and such installation shall not be subject to or require approval by the board;

(2) Regarding the abandonment of telecommunications equipment:

(A) 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 to provide an equivalent function by different means or methods; and

(B) The abandonment or change of use of any television signal distribution or telecommunications equipment by the board due to 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, common elements, and easements appurtenant to each unit or to be a structural alteration or addition to any building constituting a material change in the plans of the project filed in accordance with sections 514B‑33 and 514B‑34; and

(3) Regarding the installation of solar energy devices and wind energy devices:

(A) The board shall have the authority to install or cause the installation of, or lease or license [[]common[]] elements for the installation of solar energy devices and wind energy devices on the common elements of the project; provided that solar or wind energy devices shall not be installed upon any limited common element without the consent of the owner or owners of the unit or units for which use of the limited common element is reserved; and

(B) The installation of solar energy devices and wind energy devices on the common elements of the project by the board shall not be deemed to alter, impair, or diminish the common interest, common elements, or easements appurtenant to each unit or to be a structural alteration or addition to any building constituting a material change in the plans of the project filed in accordance with sections 514B-33 and 514B-34; provided that the installation does not directly affect any nonconsenting unit owner."

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:

Condominiums; Security Cameras

Description:

Clarifies that condominium unit owners have the authority to install security video telecommunications equipment upon property solely owned by the unit owner.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.