[HIham] [koolau-arc] Re: [WH6CZB_EARC] Read HB58 carefully before submitting testimony about ham radio antennas and condos

Dennis Egge dne39 at isp.com
Sun Feb 8 14:13:39 EST 2009


I submitted my testimony to the congnizant committee chair and intend to attend the hearings.  I encourage you to join me.  Our thoughtful internal discourse becomes purely academic, on February 10th. . . .

I have no reservations, Dennis (KH7MU)
  ----- Original Message ----- 
  From: Ray Moody 
  To: Ron Hashiro 
  Cc: Ham Radio in Hawai'i ; HamRadioHawaii ; EARC ; KARC ; OahuRaces ; reginfo at arrl.org ; Chris Imlay 
  Sent: Sunday, February 08, 2009 9:04 AM
  Subject: [koolau-arc] Re: [WH6CZB_EARC] Read HB58 carefully before submitting testimony about ham radio antennas and condos


  The bills we had put together last time do a much better job than this one. We actually secured the support of one of the law firms involved in condo law.


  The decision to allow an antenna in the common elements should be with the board of directors of the condo. Substituting the wording of our previous efforts for this one would do a much better job.


  Ray







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


    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.

    -----------

    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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