Bill Text: HI HB69 | 2012 | Regular Session | Amended
Bill Title: Planned Community Associations; United States Flag; State of Hawaii Flag; Display
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2012-03-08 - (S) Referred to CPN, JDL. [HB69 Detail]
Download: Hawaii-2012-HB69-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
69 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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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. The legislature finds that there has been
on-going dispute in planned community associations between members and association boards regarding the right of members to display the United States flag and the flag of the State of Hawaii. In addition, there has been public outcry from members of planned community associations that wish to display these flags but have been thwarted by association boards through denials, fines, and the imposition of large fees.
The purpose of this Act is to clarify the right of members of planned community associations to display the United States and State of Hawaii flags on their properties.
SECTION 2. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421J- Display of house-mounted United States and State of Hawaii flags. (a) Notwithstanding any law to the contrary, no member or bona fide tenant of a member shall be prohibited by any association document, covenant, declaration, bylaw, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from displaying a house-mounted United States or State of Hawaii flag on any residential dwelling that the member owns or has rented to a bona fide tenant; provided that the house-mounted flag shaft shall not exceed six feet in length and the flag shall not exceed three feet by five feet in size.
(b) No association or board of directors shall assess or charge any member any fee or fine, or impose on any member any penalty for the house-mounted display of flags as provided in this section.
(c) Flags displayed pursuant to this section shall be displayed in a prominent position on the residential dwelling; provided that:
(1) United States flags shall be displayed in accordance with the provisions of Chapter 1 of Title 4, United States Code; and
(2) State of Hawaii flags shall be displayed in accordance with section 5-19.
(d) As used in this section,
"house-mounted" means mounted to a residential dwelling."
SECTION 3. New statutory material is underscored. SECTION 4. This Act
shall take effect upon its approval.
Report Title:
Planned Community Associations; United States Flag; State of Hawaii Flag; Display
Description:
Prohibits planned community associations and their boards of directors from: (1) Disallowing a member's or their bona fide tenant from displaying house-mounted United States and State of Hawaii flags on their residential dwellings; and (2) Assessing or charging any fee or fine, or imposing any penalty, on their members, for house-mounted display of these flags. Requires the flags to be displayed in a prominent position on the residential dwelling. (HB69 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
