Bill Text: HI SB2179 | 2014 | Regular Session | Introduced
Bill Title: Solar Energy Devices; Condominium Units
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2014-02-04 - Report adopted; Passed Second Reading and referred to CPN. [SB2179 Detail]
Download: Hawaii-2014-SB2179-Introduced.html
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THE SENATE |
S.B. NO. |
2179 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SOLAR ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 196-7, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from installing a solar energy device on any single-family residential dwelling or townhouse that the person owns, or any condominium structure of not more than three stories in height in which that person owns a condominium unit. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable."
2. By amending subsections (c) and (d) to read:
"(c) Any person may place a solar energy device on any single-family residential dwelling or townhouse unit owned by that person, or any condominium structure of not more than three stories in height in which that person owns a condominium unit, provided that:
(1) The device is in compliance with the rules and specifications adopted pursuant to subsection (b); provided further that private entities governing condominium structures of not more than three stories in height shall have until July 1, 2015, to adopt rules pursuant to subsection (b);
(2) The device is registered with the private entity
of record within thirty days of installation; [and]
(3) If the unit is located in a condominium structure in accordance with this section, the device shall be located on the roof above the owner's condominium unit and shall occupy an area of the total roof space not to exceed an area greater than the proportionate area of the owner's interest in the common elements of the condominium compared to the total area of the common elements of the condominium;
[(3)] (4) If the device is placed on a
common element or limited common element as defined by a project's declaration,
the homeowner shall first obtain the consent of the private entity; provided
further that such consent shall be given if the homeowner agrees in writing to:
(A) Comply with the private entity's design specification for the installation of the device;
(B) Engage a duly licensed contractor to install the device; and
(C) Within fourteen days of approval of
the solar device by the private entity, provide a certificate of insurance
naming the private entity as an additional insured on the homeowner's insurance
policy[.]; and
(5) Notwithstanding paragraph (4), private entities governing condominium structures of not more than three stories in height:
(A) Shall prioritize the placement of solar energy devices that are installed for the benefit of all owners; and
(B) May reserve a certain percentage of the available common element roof area for solar energy devices that are installed for the benefit of all owners.
(d) If a solar energy device is placed on a common element or limited common element:
(1) The owner and each successive owner of the
single-family residential dwelling [or], townhouse unit [on],
or condominium unit for which the device is placed shall be responsible for
any costs for damages to the device, the
common elements, limited common elements, and any adjacent units, arising or
resulting from the installation, maintenance, repair, removal, or replacement
of the device. The repair, maintenance, removal, and replacement
responsibilities shall be assumed by each successive owner until the solar
energy device has been removed from the common elements or limited common
elements. The owner and each successive owner shall at all times have and
maintain a policy of insurance covering the obligations of the owner under this
paragraph and shall name the private entity as an additional insured under said
policy; provided that an insurance carrier shall notify the private entity
if the policy expires or lapses; and
(2) The owner and any successive owner of the
single-family residential dwelling [or], townhouse unit [on],
or condominium unit for which the device is placed shall be responsible for
removing the solar energy device if reasonably necessary or convenient for the
repair, maintenance, or replacement of the common elements or limited common
elements."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Solar Energy Devices; Condominium Units
Description:
Authorizes condominium owners in a condominium structure of no more than three stories in height to place solar energy devices on the roof, under certain conditions.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
