[HIham] Re: [hamradiohawaii] Antenna Bills Out of Conference!!

[Jim Reid]

Ref. my previous post:

The actual ammended Bill language DOES NOT agree with the language
of the message sent to the leaders of the legislature.  In actual fact,  if
bills containing the following language are PASSED,  the entire effort
to date by radio amateurs for these bills has been a colosal waste of
time.  The language below says nothing more that the stastus quo:  it
is all up to "the board of directors";  the amateur has NO rights at all!

How can the Conference Reports to the leaders differ so from this
actual language???

The ONLY new burden on the "associations" is that they must put the
antenna DENIAL in writing........big deal!!  And, what is the recourse???

Here is the ammended language of each Bill:

"
RELATING TO SUBDIVISIONS

"�421J- Amateur radio antennas. (a) Notwithstanding any other provisions to the contrary in this
chapter or in the association documents:

(1) The board of directors of an association shall have the authority to permit owners to install
antennas for amateur radios in their units located in agricultural districts as defined in section
205-2; provided that no antenna shall be installed upon any common area without compliance with all
the provisions of the association documents; and

(2) If a board of directors in its sole discretion denies an owner permission to install an antenna
for amateur radio, the board shall provide the reason for the denial in writing.

(b) The board of directors may delegate its authority to a design review committee or such other
committee provided for in the association documents.

(c) Nothing in this section shall prohibit the association from permitting other antennas otherwise
permitted by the association documents."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval."


"REGARDING CONDOMINIMUM PROPERTY REGIMES:

"c) Notwithstanding any other provision to the contrary in this chapter, in the declarations of any
project, or in the bylaws of any association:

(1) The board of directors of an association shall have the authority to permit owners to install
antennas for amateur radios in their apartments or their limited common element without the consent
of the owner or owners of the apartment or apartments for the use of which the limited common
element is reserved;

(2) The installation of antennas for amateur radios approved by the board pursuant to subsection
(c)(1) shall not be deemed to alter, impair, or diminish the common interest, elements, and
easements appurtenant to each apartment or to be a structural alteration or addition to any building
different in any material respect from the plans of the project filed in accordance with section
514A-12; provided that no such installation shall directly affect any nonconsenting apartment owner;
and

(3) If a board of directors in its sole discretion denies an owner permission to install an antenna
for amateur radio in the owner's apartment or limited common element, the board shall provide the
reasons for the denial in writing."