Bill Text: HI HB1468 | 2011 | Regular Session | Introduced
Bill Title: Planned Community Associations; Flag
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Introduced - Dead) 2011-02-09 - (H) The committee(s) recommends that the measure be deferred. [HB1468 Detail]
Download: Hawaii-2011-HB1468-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1468 |
|
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 purpose of this Act is to bring Hawaii into compliance with the federal Freedom to Display the American Flag Act of 2005.
SECTION 2. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421J- Flag of the United States and Hawaii; display. (a) Notwithstanding any law to the contrary, no member shall be prohibited by any association document, covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from displaying the flag of the United States or of the State for up to three hundred sixty-five continuous days per year on the premises of any detached single-family residential dwelling or townhouse that the member owns; provided that the board of directors may implement reasonable time, place, and manner restrictions with regard to display of the flag; provided further that the restrictions shall not be inconsistent with the provisions of 4 U.S.C. Sections 5 to 7 that do not prohibit display of the flag altogether.
(b) No association or board of directors shall assess or charge any homeowner any fees or fines, or impose on any homeowner any penalties, for the placement of any flagpole."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Planned Community Associations; Flag
Description:
Provides that planned community associations may not prohibit members from displaying the United States or Hawaii flag. Permits reasonable time, place, and manner restrictions on flag displays but prohibits assessment of a fee to approve the display.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
