REPORT TITLE:
Solar


DESCRIPTION:
Allows solar devices to be sited for optimal device performance,
on any roof of a single-family residential dwelling or townhouse,
including the attached garage, notwithstanding that the townhouse
roof may be a common element within a condominium property
regime. (SB96 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        96
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ENERGY RESOURCES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 196-2, Hawaii Revised Statutes, is
 
 2 amended by amending the definition of "townhouse" to read as
 
 3 follows:
 
 4      ""Townhouse" means a series of individual houses[,] having
 
 5 architectural unity [and a common wall between] with each unit[.]
 
 6 separated by a common wall and extending from the ground to the
 
 7 roof."
 
 8      SECTION 2.  Section 196-7, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) to read as follows:
 
10      "(a)  Notwithstanding any law to the contrary, no person
 
11 shall be prevented by any covenant, term, provision, condition,
 
12 codicil, [or] contract, condominium property regime declaration,
 
13 or bylaws of an association of apartment owners, however worded,
 
14 from installing and siting a solar energy device for optimal
 
15 device performance on any roof of a single-family residential
 
16 dwelling or townhouse, including the attached garage that the
 
17 person owns[.], notwithstanding that the townhouse roof may be a
 
18 common element within a condominium property regime.  Any
 
19 provision in any lease, instrument, or contract contrary to the
 
20 intent of this section shall be void."
 

 
Page 2                                                     96
                                     S.B. NO.           S.D. 1
                                                        H.D. 1
                                                        

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.