General Assembly Raised Bill No. 1101
January Session, 2013 LCO No. 4315
*04315_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1101
January Session, 2013
LCO No. 4315
*04315_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT PERMITTING THE AFFIXING OF SECURITY CAMERAS TO UNITS WITHIN A COMMON INTEREST COMMUNITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 47-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
Subject to the provisions of the declaration and other provisions of law, a unit owner:
(1) May make any improvements or alterations to his or her unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community;
(2) May not change the appearance of the common elements, or the exterior appearance of a unit, except as provided in subdivision (4) of this subsection, or any other portion of the common interest community, without permission of the association;
(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community. Removal of partitions or creation of apertures under this subsection is not an alteration of boundaries;
(4) May affix a security camera to the exterior of his or her unit.
Sec. 2. Section 47-261b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) At least ten days before adopting, amending or repealing any rule, the executive board shall give all unit owners notice of: (1) The executive board's intention to adopt, amend or repeal a rule and shall include with such notice the text of the proposed rule or amendment, or the text of the rule proposed to be repealed; and (2) the date on which the executive board will act on the proposed rule, amendment or repeal after considering comments from unit owners.
(b) Following adoption, amendment or repeal of a rule, the association shall give all unit owners notice of its action and include with such notice a copy of any new or amended rule.
(c) Subject to the provisions of the declaration, an association may adopt rules to establish and enforce construction and design criteria and aesthetic standards. If an association adopts such rules, the association shall adopt procedures for enforcement of those rules and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act.
(d) A rule regulating display of the flag of the United States must be consistent with federal law. In addition, the association may not prohibit display, on a unit or on a limited common element adjoining a unit, of the flag of this state, or signs regarding candidates for public or association office or ballot questions, but the association may adopt rules governing the time, place, size, number and manner of those displays.
(e) An association may not prohibit a unit owner from affixing a security camera to the exterior of his or her unit, provided an association may adopt rules governing the size of, number of, and manner of affixing or removing security cameras.
[(e)] (f) Unit owners may peacefully assemble on the common elements to consider matters related to the common interest community, but the association may adopt rules governing the time, place and manner of those assemblies.
[(f)] (g) An association may adopt rules that affect the use of or behavior in units that may be used for residential purposes, only to:
(1) Implement a provision of the declaration;
(2) Regulate any behavior in or occupancy of a unit which violates the declaration or adversely affects the use and enjoyment of other units or the common elements by other unit owners; or
(3) Restrict the leasing of residential units to the extent those rules are reasonably designed to meet underwriting requirements of institutional lenders that regularly make loans secured by first mortgages on units in common interest communities or regularly purchase those mortgages, provided no such restriction shall be enforceable unless notice thereof is recorded on the land records of each town in which any part of the common interest community is located. Such notice shall be indexed by the town clerk in the grantor index of such land records in the name of the association.
[(g)] (h) An association's internal business operating procedures need not be adopted as rules.
[(h)] (i) Each rule of the association must be reasonable.
Sec. 3. Subsection (a) of section 47-216 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) Except as provided in section 47-217, sections 47-202, 47-204, 47-205, 47-206, 47-218, 47-221, 47-222, 47-223, subdivision (4) of section 47-230, as amended by this act, subsections (b), (d), (i) and (j) of section 47-236, sections 47-237, 47-240 and 47-244, subsection (f) of section 47-245, sections 47-250, 47-251, 47-252, 47-253, 47-255, 47-257, 47-258, 47-260, 47-261b, as amended by this act, 47-261c, 47-261d, 47-261e, 47-270 and 47-278, to the extent necessary in construing any of those sections, apply to all common interest communities created in this state before January 1, 1984; but those sections apply only with respect to events and circumstances occurring after January 1, 1984, and do not invalidate existing provisions of the declaration, bylaws or surveys or plans of those common interest communities.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 47-230
Sec. 2 October 1, 2013 47-261b
Sec. 3 October 1, 2013 47-216(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
47-230
Sec. 2
October 1, 2013
47-261b
Sec. 3
October 1, 2013
47-216(a)
Statement of Purpose:
To allow the unit owner of a common interest community to affix a security camera to the exterior of his or her unit.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]