HOUSE OF REPRESENTATIVES

H.B. NO.

1985

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to agricultural buildings.

 

 

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

 


     SECTION 1.  Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§421J-     Agricultural buildings.  (a)  Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from constructing any agricultural building on land classified as agricultural pursuant to section 205-2.  Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable with respect to agricultural buildings.

     (b)  Every planned community association may adopt rules that reasonably restrict the construction and use of agricultural buildings and structures; provided that those restrictions do not have the effect of prohibiting agricultural buildings altogether.  No planned community association shall assess or charge any homeowner any fees for the construction or use of an agricultural building.

     For the purposes of this section, "agricultural building" shall have the same meaning as in section 46-88."

     SECTION 2.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Planned Community Association; Agricultural Buildings

 

Description:

Voids any planned community association restriction on the construction of agricultural buildings on agricultural classified land.

 

 

 

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