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

[Bart Aronoff]

The intent of the bill and the meaning of the language are unclear to  
me.  This may be a case of defective drafting by the Legislative  
Reference Bureau, which has been especially overloaded this year.

I suspect the intent is different from what the language suggests.   
Both sponsors (House and Senate) are good guys.

I suggest testimony describing the positive role of HAMs and urging  
that the bill be clarified to ensure that rights to antennas be  
increased, not diminished.

Don't ask for specific language to be stricken; rather, ask that it be  
clarified to accomplish a specific aim.  Others are better qualified  
to determine the best language at this point, depending on the intent.

~Bart/WH6AA

On Feb 8, 2009, at 8:33 AM, Ron Hashiro wrote:
> 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.
>
> -----------
>
> 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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