Bill Text: HI SB596 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 596 (Prior Session Legislation)

Introduced

Bill Title: Smoking; Condominium Property Regimes; Cooperative Housing Corporations; Prohibition by Rule

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB596 Detail]

Download: Hawaii-2010-SB596-Introduced.html

Report Title:

Smoking; Condominium Property Regimes; Cooperative Housing Corporations; Prohibition by Rule

Description:

Allows condominium property regimes and cooperative housing corporations to prohibit smoking pursuant to an adoption of a rule.

THE SENATE	S.B. NO.	596
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to smoking.

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

SECTION 1. 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; [or]

(3) Prohibit smoking by an owner, resident, or guest in all units, common elements, and limited common elements as defined in section 514B-3; or

[~~(3)~~] (4) 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 2. Chapter 421I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§421I- Adoption of rules and regulations; prohibition of smoking permitted. Unless otherwise prohibited by the articles of incorporation or bylaws, a corporation may adopt rules to prohibit tenant shareholders, guests, and all other persons from smoking in dwelling units, common elements, and limited common elements of the corporation."

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.