Bill Text: HI SB269 | 2019 | Regular Session | Amended
Bill Title: Relating To Condominiums.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2019-03-07 - Referred to CPC, referral sheet 27 [SB269 Detail]
Download: Hawaii-2019-SB269-Amended.html
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THE SENATE |
S.B. NO. |
269 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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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 secondhand smoke is a dangerous class A carcinogen, in the same class as asbestos and benzene. Secondhand smoke typically contains at least seven thousand identifiable chemicals, around seventy of which are known or probable carcinogens. According to the federal Centers for Disease Control and Prevention, secondhand smoke can cause heart disease, lung cancer, and stroke. Further, the fiftieth anniversary United States Surgeon General Report, released on January 17, 2014, states that any level of exposure to secondhand smoke is dangerous and that over two and a half million nonsmokers have died from health problems caused by secondhand smoke since 1964.
The purpose of this Act is to
clarify that condominium associations may adopt rules and regulations that prohibit smoking by all persons:
(1) Inside a condominium unit; and
(2) On lanais and in the entire condominium project.
SECTION 2. Section 514B-105, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Unless otherwise permitted by the declaration, bylaws, or this chapter, an association may adopt rules and regulations that affect the use of or behavior in units that may be used for residential purposes only to:
(1) Prevent any use of a unit which violates the declaration or bylaws;
(2) Regulate any
behavior in or occupancy of a unit which violates the declaration or bylaws or
unreasonably interferes with the use and enjoyment of other units or the common
elements by other unit owners[;], including prohibiting smoking by
all persons:
(A) Inside
the unit; and
(B) On
lanais and in the entire condominium project; or
(3) Restrict the leasing of residential units to the extent those rules are reasonably designed to meet underwriting requirements of institutional lenders who regularly lend money secured by first mortgages on units in condominiums or regularly purchase those mortgages.
Otherwise, the association may not regulate any use
of or behavior in units by means of the rules and regulations."
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.
Report Title:
Condominiums; Associations; Rules and Regulations; Smoking; Prohibitions
Description:
Enables condominium associations to adopt rules and regulations that prohibit smoking by all persons inside a condominium unit and on lanais and in the entire condominium project. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
