HB2783.DOC

SECTION 1. In 2010, to reduce Hawaii's dependence on fossil fuels, the legislature authorized the boards of directors of condominium associations to install solar and wind energy devices on the common elements of condominium projects and allow the common elements to be leased for such installation.

Today, the legislature finds that further clarification is necessary to ensure that electricity derived from the installation of solar and wind energy devices is used toward the energy consumption needs of the condominium project's association.

The purpose of this Act is to require that electricity generated from the installation and use of solar and wind energy devices installed on the common elements of a condominium project be used for the energy consumption needs of the project's association.

SECTION 2. Section 514A-13.4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Notwithstanding any other law to the contrary in this chapter, or any provisions in the declaration of any project or in the bylaws of any association:

(1) The board of directors of an association shall have the authority to install or cause the installation of, or lease or license the common elements for the installation of solar energy devices and wind energy devices on the common elements of the project; provided that solar or wind energy devices shall not be installed upon any limited common element without the consent of the owner or owners of the unit or units for which use of the limited common element is reserved; and

(2) The installation of solar energy devices and wind energy devices on the common elements of the project by the board shall not be deemed to alter, impair, or diminish the common interest, common elements, or easements appurtenant to each unit or to be a structural alteration or addition to any building constituting a material change in the plans of the project filed in accordance with section 514A-12; provided that the installation does not directly affect any nonconsenting unit owner.

Any energy produced by solar energy devices or wind energy devices installed pursuant to this subsection shall be used, in whole or in substantial part, for the energy consumption needs of the association."

SECTION 3. Section 514B-140, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Notwithstanding any other law to the contrary in this chapter or any provisions in any declaration or bylaws:

(1) Regarding the installment of telecommunications equipment:

(A) The board shall have the authority to install or cause the installation of antennas, conduits, chases, cables, wires, and other television signal distribution and telecommunications equipment upon the common elements of the project; provided that the same shall not be installed upon any limited common element without the consent of the owner or owners of the unit or units for the use of which the limited common element is reserved; and

(B) The installation of antennas, conduits, chases, cables, wires, and other television signal distribution and telecommunications equipment upon the common elements by the board shall not be deemed to alter, impair, or diminish the common interest, common elements, and easements appurtenant to each unit, or to be a structural alteration or addition to any building constituting a material change in the plans of the project recorded and filed in accordance with sections 514B‑33 and 514B‑34; provided that no installation shall directly affect any nonconsenting unit owner;

(2) Regarding the abandonment of telecommunications equipment:

(A) The board shall be authorized to abandon or change the use of any television signal distribution and telecommunications equipment due to technological or economic obsolescence or to provide an equivalent function by different means or methods; and

(B) The abandonment or change of use of any television signal distribution or telecommunications equipment by the board due to technological or economic obsolescence or to provide an equivalent function by different means or methods shall not be deemed to alter, impair, or diminish the common interest, common elements, and easements appurtenant to each unit or to be a structural alteration or addition to any building constituting a material change in the plans of the project recorded and filed in accordance with sections 514B‑33 and 514B‑34; and

(3) Regarding the installation of solar energy devices and wind energy devices:

(A) The board shall have the authority to install or cause the installation of, or lease or license [[]common[]] elements for the installation of solar energy devices and wind energy devices on the common elements of the project; provided that solar or wind energy devices shall not be installed upon any limited common element without the consent of the owner or owners of the unit or units for which use of the limited common element is reserved; and

(B) The installation of solar energy devices and wind energy devices on the common elements of the project by the board shall not be deemed to alter, impair, or diminish the common interest, common elements, or easements appurtenant to each unit or to be a structural alteration or addition to any building constituting a material change in the plans of the project recorded and filed in accordance with sections 514B-33 and 514B-34; provided that the installation does not directly affect any nonconsenting unit owner.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2783
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII