[HIham] Antenna Bills Out of Conference!!

[Jim Reid]

To:

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii

Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the
amendments proposed by the Senate in H.B. No. 2774, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SUBDIVISIONS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the
respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to permit an amateur radio operator licensed by the Federal
Communications Commission who owns a subdivision lot, to install an amateur radio antenna on the lot
so long as it does not directly affect any other subdivision lot owner, and without first obtaining
approval or consent.

Your Committee on Conference has amended this bill to grant the board of directors of a planned
community association, within an agricultural district, the authority to permit owners to install
antennas for amateur radios within their units. However, if the installation is in a common area, it
must still comply with all provisions of the association documents. If a board denies permission to
install an antenna, the board must state the reasons in writing.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached
to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No.
2774, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form
attached hereto as H.B. No. 2774, H.D. 1, S.D. 1, C.D. 1.


"A BILL FOR AN ACT RELATING TO CONDOMINIUM PROPERTY REGIMES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the
respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to allow an apartment owner who is an amateur radio operator licensed by
the Federal Communications Commission to install amateur radio equipment on the owner's condominium
unit or on limited common elements reserved for use of the unit without obtaining approval or
consent of the association.

Your Committee on Conference has amended this bill to authorize the board of directors of a
condominium property regime to permit amateur radio operators to install antennas in their
apartments or their limited common elements. While the decision to grant or deny a request lies
solely with the board of directors, in the exercise of the board's responsibility to all owners, any
denial must be in writing and must state the reasons for the denial.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached
to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No.
2773, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form
attached hereto as H.B. No. 2773, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

      ON THE PART OF THE SENATE

     ON THE PART OF THE HOUSE

      ____________________________

      RON MENOR, Chair

     ____________________________

      KENNETH T. HIRAKI, Chair