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THE SENATE |
S.B. NO. |
945 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SMOKING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 421I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421I- Adoption of rules; prohibition of smoking permitted. Unless otherwise prohibited by the articles of incorporation or bylaws, a corporation may adopt rules to prohibit tenant shareholders, guests, and all other persons from smoking in dwelling units, common elements, or limited common elements of the corporation if a majority of tenant shareholders in the corporation has approved such a smoking prohibition."
SECTION 2. Section 514B-105, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Unless otherwise permitted by the
declaration, bylaws, or this chapter, an association may adopt rules [and
regulations] that affect the use of or behavior in units that may be used
for residential purposes only to:
(1) Prevent any use of a unit [which] that
violates the declaration or bylaws;
(2) Regulate any behavior in or occupancy of a unit [which]
that violates the declaration or bylaws or unreasonably interferes with
the use and enjoyment of other units or the common elements by other unit
owners; [or]
(3) Prohibit smoking by an owner, resident, or guest in all units, common elements, or limited common elements as defined in section 514B-3 provided that a majority of owners in the association has approved such a smoking prohibition; or
[(3)] (4) Restrict the leasing of
residential units to the extent those rules are reasonably designed to meet
underwriting requirements of institutional lenders who regularly lend money
secured by first mortgages on units in condominiums or regularly purchase those
mortgages.
Otherwise, the association may not regulate any use
of or behavior in units by means of the rules [and regulations]."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Smoking; Condominiums; Cooperative Housing Corporations; Prohibition by Rule
Description:
Allows condominium associations and cooperative housing corporations to adopt rules to prohibit smoking in units, common elements, or limited common elements if a majority of the tenant shareholders or owners approved the smoking prohibition. (SD1)