| Old | New | Differences | |
|---|---|---|---|
| 1 | - | HOUSE OF REPRESENTATIVES H.B. NO. 1757 THIRTY-FIRST LEGISLATURE, 2022 H.D. | |
| 1 | + | HOUSE OF REPRESENTATIVES H.B. NO. 1757 THIRTY-FIRST LEGISLATURE, 2022 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PLANNED COMMUNITY ASSOCIATIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
| 2 | 2 | ||
| 3 | 3 | HOUSE OF REPRESENTATIVES H.B. NO. 1757 | |
| 4 | - | THIRTY-FIRST LEGISLATURE, 2022 H.D. | |
| 4 | + | THIRTY-FIRST LEGISLATURE, 2022 H.D. 1 | |
| 5 | 5 | STATE OF HAWAII | |
| 6 | 6 | ||
| 7 | 7 | HOUSE OF REPRESENTATIVES | |
| 8 | 8 | ||
| 9 | 9 | H.B. NO. | |
| 10 | 10 | ||
| 11 | 11 | 1757 | |
| 12 | 12 | ||
| 13 | 13 | THIRTY-FIRST LEGISLATURE, 2022 | |
| 14 | 14 | ||
| 15 | - | H.D. | |
| 15 | + | H.D. 1 | |
| 16 | 16 | ||
| 17 | 17 | STATE OF HAWAII | |
| 18 | 18 | ||
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| 21 | 21 | ||
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| 30 | 30 | ||
| 31 | 31 | A BILL FOR AN ACT | |
| 32 | 32 | ||
| 33 | 33 | ||
| 34 | 34 | ||
| 35 | 35 | ||
| 36 | 36 | ||
| 37 | 37 | RELATING TO PLANNED COMMUNITY ASSOCIATIONS. | |
| 38 | 38 | ||
| 39 | 39 | ||
| 40 | 40 | ||
| 41 | 41 | ||
| 42 | 42 | ||
| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
| 44 | 44 | ||
| 45 | 45 | ||
| 46 | 46 | ||
| 47 | - | SECTION 1. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§421J- | |
| 47 | + | SECTION 1. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§421J- Landscaping. (a) No owner shall be prevented by any association document, however worded, from utilizing xeriscaping at the owner's unit. No sub-association shall be prevented by any association document, however worded, from utilizing xeriscaping in a common area controlled by the sub‑association pursuant to the declaration. (b) Any provision in any association document contrary to the intent of this section shall be void and unenforceable. (c) For purposes of this section, "xeriscaping" means the practice of designing landscapes to reduce or eliminate the need for irrigation by replacing grassy lawns with soil, rocks, mulch, and drought-tolerant plant species, including drought‑tolerant native plant species." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect on January 1, 2050. | |
| 48 | 48 | ||
| 49 | 49 | SECTION 1. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: | |
| 50 | 50 | ||
| 51 | - | "§421J- | |
| 51 | + | "§421J- Landscaping. (a) No owner shall be prevented by any association document, however worded, from utilizing xeriscaping at the owner's unit. No sub-association shall be prevented by any association document, however worded, from utilizing xeriscaping in a common area controlled by the sub‑association pursuant to the declaration. | |
| 52 | 52 | ||
| 53 | - | (b) | |
| 53 | + | (b) Any provision in any association document contrary to the intent of this section shall be void and unenforceable. | |
| 54 | 54 | ||
| 55 | - | (c) Any provision in any association document contrary to the intent of this section shall be void and unenforceable. | |
| 56 | - | ||
| 57 | - | (d) For purposes of this section, "xeriscaping" means the practice of designing landscapes to reduce or eliminate the need for irrigation by replacing grassy lawns with soil, rocks, mulch, and drought-tolerant plant species, including drought‑tolerant native plant species." | |
| 55 | + | (c) For purposes of this section, "xeriscaping" means the practice of designing landscapes to reduce or eliminate the need for irrigation by replacing grassy lawns with soil, rocks, mulch, and drought-tolerant plant species, including drought‑tolerant native plant species." | |
| 58 | 56 | ||
| 59 | 57 | SECTION 2. New statutory material is underscored. | |
| 60 | 58 | ||
| 61 | 59 | SECTION 3. This Act shall take effect on January 1, 2050. | |
| 62 | 60 | ||
| 63 | 61 | ||
| 64 | 62 | ||
| 65 | - | Report Title: Planned Community Associations; Landscaping; Xeriscaping Description: Prohibits planned community associations from prohibiting an owner or a sub-association from utilizing xeriscaping. | |
| 63 | + | Report Title: Planned Community Associations; Landscaping; Xeriscaping Description: Prohibits planned community associations from prohibiting an owner or a sub-association from utilizing xeriscaping. Voids any provision in an association document that prohibits xeriscaping. Effective 1/1/2050. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 66 | 64 | ||
| 67 | 65 | ||
| 68 | 66 | ||
| 69 | 67 | ||
| 70 | 68 | ||
| 71 | 69 | Report Title: | |
| 72 | 70 | ||
| 73 | 71 | Planned Community Associations; Landscaping; Xeriscaping | |
| 74 | 72 | ||
| 75 | 73 | ||
| 76 | 74 | ||
| 77 | 75 | Description: | |
| 78 | 76 | ||
| 79 | - | Prohibits planned community associations from prohibiting an owner or a sub-association from utilizing xeriscaping | |
| 77 | + | Prohibits planned community associations from prohibiting an owner or a sub-association from utilizing xeriscaping. Voids any provision in an association document that prohibits xeriscaping. Effective 1/1/2050. (HD1) | |
| 80 | 78 | ||
| 81 | 79 | ||
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| 85 | 83 | ||
| 86 | 84 | ||
| 87 | 85 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |