HOUSE OF REPRESENTATIVES	H.B. NO.	1494
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SMOKING IN CONDOMINIUMS.

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

     SECTION 1.  Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

     "§514B-    Adoption of rules; prohibition of smoking. Unless otherwise prohibited by the articles of incorporation or bylaws, an association shall adopt bylaws or rules to prohibit unit owners, guests, and all other persons from smoking in all common elements and limited common elements that are covered; provided that any bylaws or rules so adopted shall also designate a covered and accessible smoking area. 

As used in this section, the term "covered" means closed in by a roof or overhang and may include areas commonly described as public lobbies, lanais, interior courtyards, patios, and covered walkways."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Smoking; Condominiums; Common and Limited Common Elements

Description:

Requires an association, if not prohibited by bylaws or articles of incorporation, to prohibit smoking in common elements and covered limited common elements, while designating a covered and accessible smoking area.  (HB1494 HD1)

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