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General Assembly Raised Bill No. 225
February Session, 2022
LCO No. 1281
Referred to Committee on PLANNING AND
DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING CERTAIN ROOFTOP SOLAR INSTALLATIONS
IN COMMON INTEREST OWNERSHIP COMMUNITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 47-261b of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2022): 2
(a) At least ten days before adopting, amending or repealing any rule, 3
the executive board shall give all unit owners notice of (1) The executive 4
board's intention to adopt, amend or repeal a rule and shall include with 5
such notice the text of the proposed rule or amendment, or the text of 6
the rule proposed to be repealed; and (2) the date on which the executive 7
board will act on the proposed rule, amendment or repeal after 8
considering comments from unit owners. 9
(b) Following adoption, amendment or repeal of a rule, the 10
association shall give all unit owners notice of its action and include 11
with such notice a copy of any new or amended rule. 12
(c) Subject to the provisions of the declaration, an association may 13 Raised Bill No. 225
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adopt rules to establish and enforce construction and design criteria and 14
aesthetic standards. If an association adopts such rules, the association 15
shall adopt procedures for enforcement of those rules and for approval 16
of construction applications, including a reasonable time within which 17
the association [must] shall act after an application is submitted and the 18
consequences of its failure to act. 19
(d) A rule regulating display of the flag of the United States [must] 20
shall be consistent with federal law. In addition, the association may not 21
prohibit display, on a unit or on a limited common element adjoining a 22
unit, of the flag of this state, or signs regarding candidates for public or 23
association office or ballot questions, but the association may adopt 24
rules governing the time, place, size, number and manner of those 25
displays. 26
(e) Unit owners may peacefully assemble on the common elements to 27
consider matters related to the common interest community, but the 28
association may adopt rules governing the time, place and manner of 29
those assemblies. 30
(f) An association may adopt rules that affect the use of or behavior 31
in units that may be used for residential purposes, only to: 32
(1) Implement a provision of the declaration; 33
(2) Regulate any behavior in or occupancy of a unit which violates the 34
declaration or adversely affects the use and enjoyment of other units or 35
the common elements by other unit owners; or 36
(3) Restrict the leasing of residential units to the extent those rules are 37
reasonably designed to meet underwriting requirements of institutional 38
lenders that regularly make loans secured by first mortgages on units in 39
common interest communities or regularly purchase those mortgages, 40
provided no such restriction shall be enforceable unless notice thereof is 41
recorded on the land records of each town in which any part of the 42
common interest community is located. Such notice shall be indexed by 43
the town clerk in the grantor index of such land records in the name of 44 Raised Bill No. 225
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the association. 45
(g) In the case of a common interest community that is not a 46
condominium or a cooperative, an association may not adopt or enforce 47
any rules that would have the effect of prohibiting any unit owner from 48
installing a solar power generating system on the roof of such unit 49
owner's unit. An association may adopt rules governing (1) the size and 50
manner of affixing, installing or removing a solar power generating 51
system; (2) the unit owner's responsibilities for periodic upkeep and 52
maintenance of such solar power generating system; and (3) a 53
prohibition on any unit owner installing a solar power generating 54
system upon any common elements of the association. 55
[(g)] (h) An association's internal business operating procedures need 56
not be adopted as rules. 57
[(h)] (i) Each rule of the association [must] shall be reasonable. 58
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 47-261b
PD Joint Favorable