Researcher: JS Page 1 4/4/23
OLR Bill Analysis
HB 6805
AN ACT CONCERNING SOLAR INSTALLATIONS IN
CONDOMINIUMS AND COOPERATIVES.
SUMMARY
This bill prohibits condominiums and cooperatives from adopting or
enforcing rules restricting unit owners’ installation of solar generating
systems (i.e., solar panels) on their own unit’s roof, provided the roof is
not shared. It does so by expanding a prohibition that currently only
applies to other types of common interest communities (i.e., planned
communities).
As under current law, the bill allows associations to adopt rules
prohibiting unit owners from installing these systems on common
elements. (Roofs that are not physically shared may nonetheless be
jointly owned as common elements; see BACKGROUND.) As under
current law, the bill also allows associations to adopt rules governing
these systems with respect to (1) their size; (2) how they are attached,
installed, and removed; and (3) the unit owner’s responsibility for their
maintenance and periodic upkeep.
Under existing law, unchanged by the bill, the association’s executive
board must give unit owners certain notice before adopting any rules
and any adopted rules must be reasonable.
EFFECTIVE DATE: October 1, 2023
BACKGROUND
Common Elements
Under the Common Interest Ownership Act, common elements of
condominiums and cooperatives include all portions of the community
other than the owners’ individual units (CGS § 47-202(6)). In many
common interest communities, the roofs over units are common 2023HB-06805-R000410-BA.DOCX
Researcher: JS Page 2 4/4/23
elements, unless the declaration states otherwise. (A declaration is the
document that creates the common interest community.)
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable
Yea 21 Nay 0 (03/22/2023)