Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Economic Development and Technology and Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2289 entitled:

beg leave to report as follows:

The purpose of this measure is to give a board of directors of a condominium association the authority to install telecommunications equipment and to change current equipment due to changes in technologies or economic considerations.

Your Committees received testimony in favor of this measure from Verizon Hawaii, VoiceStream, and Community Associations Institute.

Your Committees find that companies are unable to install wireless antennae at condominiums because the law currently requires that seventy-five per cent of all owners must vote to install anything within the common areas of a condominium. Further, the constant and more recent upgrade of wireless technology was not contemplated nor anticipated by many condominium property regimes at the time of their creation.

Your Committees have amended this measure by adding a provision that protects existing contractual terms and obligations from the Boards' powers, and by defining "directly affect" in an effort to limit the antennae upgrades and installations to common areas of a condominium project.

As affirmed by the records of votes of the members of your Committees on Economic Development and Technology and Commerce, Consumer Protection and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2289, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2289, S.D. 1, and be placed on the calendar for Third Reading.