HOUSE OF REPRESENTATIVES

H.B. NO.

69

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to planned community associations.

 

 

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

 


     SECTION 1.  The legislature finds that there has been an 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.  In addition, there has been a public outcry from members of planned community associations who wish to display these flags but have been thwarted by association boards through both denials and fines and the imposition of large fees.

     The purpose of this Act, therefore, is to clarify the right of members of planned community associations to display the United States and State of Hawaii flags on their property.

     SECTION 2.  Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§421J-     Display of house-mounted United States and State of Hawaii flags.  (a)  Notwithstanding any law to the contrary, no member or bona fide tenant of the member shall be prohibited by any association document, covenant, declaration, bylaw, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from displaying a house-mounted United States or State of Hawaii flag on any residential dwelling that the member owns or has rented to a bona fide tenant; provided that the house-mounted shaft shall not exceed six feet in length and the flag shall not exceed three feet by five feet in size.

     (b)  No association or board of directors shall assess or charge any member any fee or fine, or impose on any member any penalty for the house-mounted display of such flags.

     (c)  Flags displayed pursuant to this section shall be displayed at the front of the residential dwelling and:

     (1)  United States flags displayed pursuant to this section shall be displayed in accordance with the provisions of Chapter 1 of Title 4, United States Code; and

     (2)  State of Hawaii flags displayed pursuant to this section shall be displayed in accordance with section 5-19.

     (d)  As used in this section, "house-mounted" means mounted to a residential dwelling."

     SECTION 3.  New statutory material is underscored.
     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 



 

Report Title:

Planned Community Associations; United States Flag; State of Hawaii Flag; Display

 

Description:

Prohibits planned community associations from disallowing a member's or a member's bona fide tenant's house-mounted display of the United States and State of Hawaii flags provided the display meets size restrictions.  Requires the display to be at the front of the dwelling and in accordance with state and federal law.

 

 

 

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