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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
153 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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HOUSE CONCURRENT RESOLUTION
Urging planned community associations to allow association members or bona fide tenants of association members to display a United States or State of Hawaii flag mounted on a residential dwelling that the member owns or has rented to a bona fide tenant; provided that the flag shaft does not exceed six feet in length and the flag does not exceed three feet by five feet in size.
WHEREAS, there has been on-going dispute in planned community associations between members and association boards regarding the right of members to display the United States flag and the flag of the State of Hawaii; and
WHEREAS, there has been public outcry from members of planned community associations who wish to display these flags but have been thwarted by association boards through denials, fines, and the imposition of large fees; and
WHEREAS, all Americans should have the right to display the United States and State of Hawaii flags on their properties; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the Senate concurring, that the Legislature urges planned community associations to allow all association members and bona fide tenants of association members to display United States and State of Hawaii flags mounted on a residential dwelling that the member owns or has rented to a bona fide tenant; provided that the flag shaft does not exceed six feet in length and the flag does not exceed three feet by five feet in size; and
BE IT FURTHER RESOLVED that planned community associations, or their respective board of directors, are urged to refrain from assessing or charging an association member or bona fide tenant of a member any fee or fine, or impose on a member any penalty, for the display of flags as provided in this resolution; and
BE IT FURTHER RESOLVED that flags displayed pursuant to this resolution should be displayed in a prominent position on the residential dwelling; provided that:
(1) United States flags should be displayed in accordance with the provisions of Title 4, United States Code, Chapter 1; and
(2) State of Hawaii flags should be displayed in accordance with section 5-19, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and to Hawaii First - Community Association Management.
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OFFERED BY: |
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Flags; Planned Community Associations