[HIham] Read HB58 carefully before submitting testimony about ham radio antennas and condos

Ron Hashiro rhashiro at hawaiiantel.net
Sun Feb 8 13:33:13 EST 2009


Someone please relay this report to the pacsecares reflector.  I do not
have access.

House Bill 58 permits the board of directors of an association to allow 
owners to install antennas for amateur radios.  Requires a written 
statement of the reasons for a denial.

The bill is scheduled to be heard by CPC on Monday, 02-09-09 2:15 PM in
House conference room 325.

Below, text is capitalized for emphasis.  It seems this bill overrides
existing CC&R contracts, and gives BODs the weight of law to deny
installation of amateur radio antennas WITHIN apartments, regardless of
what your covenant/by-laws (contract) says.

It appears we want to support this bill WITH AMENDMENTS, and request
language referring to "in their apartments" be eliminated, and
"common interest" also be eliminated.

Thanks Chuck, NH7XL for helping me spot this.

This is your legislation, you can influence the content by providing 
specific comments on what text you want to see in or out of the bill, by 
submitting written testimony and providing verbal testimony.  Idle 
comments in these reflectors do not count as testimony.

The 24 hour deadline for submission of testimony is today, Sunday at 
2:15 pm.  You can still submit after that deadline, but it won't
necessarily be counted as submitted for the Monday, 2:15 pm hearing.

Testimony should be directed to CPD, Consumer Protection and Commerce
Committee.

http://www.capitol.hawaii.gov/site1/house/comm/commCPC.asp

-----------

      (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 paragraph (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.

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A new tracking web site has been created.

http://ronhashiro.htohananet.com/am-radio/ar-legislation-2009.html

Please research, and file reports which I will post to the website.

Also, please file testimony, and also be in attendance at the State Capitol.

Ron H, AH6RH




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