CT
Connecticut House Bill HB06805

Connecticut 2023 Regular Session

Connecticut House Bill HB06805 Compare Versions

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75 General Assembly Raised Bill No. 6805
86 January Session, 2023
97 LCO No. 4517
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119
12-Referred to Committee on PLANNING AND
13-DEVELOPMENT
10+Referred to Committee on PLANNING AND DEVELOPMENT
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1613 Introduced by:
1714 (PD)
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2119 AN ACT CONCERNING SOLAR INSTALLATIONS IN CONDOMINIUMS
2220 AND COOPERATIVES.
2321 Be it enacted by the Senate and House of Representatives in General
2422 Assembly convened:
2523
2624 Section 1. Section 47-261b of the general statutes is repealed and the 1
2725 following is substituted in lieu thereof (Effective October 1, 2023): 2
28-(a) At least ten days before adopting, amending or repealing any 3
29-rule, the executive board shall give all unit owners notice of (1) The 4
30-executive board's intention to adopt, amend or repeal a rule and shall 5
31-include with such notice the text of the proposed rule or amendment, 6
32-or the text of the rule proposed to be repealed; and (2) the date on 7
33-which the executive board will act on the proposed rule, amendment 8
34-or repeal after considering comments from unit owners. 9
26+(a) At least ten days before adopting, amending or repealing any rule, 3
27+the executive board shall give all unit owners notice of (1) The executive 4
28+board's intention to adopt, amend or repeal a rule and shall include with 5
29+such notice the text of the proposed rule or amendment, or the text of 6
30+the rule proposed to be repealed; and (2) the date on which the executive 7
31+board will act on the proposed rule, amendment or repeal after 8
32+considering comments from unit owners. 9
3533 (b) Following adoption, amendment or repeal of a rule, the 10
3634 association shall give all unit owners notice of its action and include 11
3735 with such notice a copy of any new or amended rule. 12
38-(c) Subject to the provisions of the declaration, an association may 13 Bill No. 6805
36+(c) Subject to the provisions of the declaration, an association may 13
37+adopt rules to establish and enforce construction and design criteria and 14 Raised Bill No. 6805
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45-adopt rules to establish and enforce construction and design criteria 14
46-and aesthetic standards. If an association adopts such rules, the 15
47-association shall adopt procedures for enforcement of those rules and 16
48-for approval of construction applications, including a reasonable time 17
49-within which the association shall act after an application is submitted 18
50-and the consequences of its failure to act. 19
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43+aesthetic standards. If an association adopts such rules, the association 15
44+shall adopt procedures for enforcement of those rules and for approval 16
45+of construction applications, including a reasonable time within which 17
46+the association shall act after an application is submitted and the 18
47+consequences of its failure to act. 19
5148 (d) A rule regulating display of the flag of the United States shall be 20
52-consistent with federal law. In addition, the association may not 21
53-prohibit display, on a unit or on a limited common element adjoining a 22
54-unit, of the flag of this state, or signs regarding candidates for public or 23
49+consistent with federal law. In addition, the association may not prohibit 21
50+display, on a unit or on a limited common element adjoining a unit, of 22
51+the flag of this state, or signs regarding candidates for public or 23
5552 association office or ballot questions, but the association may adopt 24
5653 rules governing the time, place, size, number and manner of those 25
5754 displays. 26
58-(e) Unit owners may peacefully assemble on the common elements 27
59-to consider matters related to the common interest community, but the 28
55+(e) Unit owners may peacefully assemble on the common elements to 27
56+consider matters related to the common interest community, but the 28
6057 association may adopt rules governing the time, place and manner of 29
6158 those assemblies. 30
6259 (f) An association may adopt rules that affect the use of or behavior 31
6360 in units that may be used for residential purposes, only to: 32
6461 (1) Implement a provision of the declaration; 33
65-(2) Regulate any behavior in or occupancy of a unit which violates 34
66-the declaration or adversely affects the use and enjoyment of other 35
67-units or the common elements by other unit owners; or 36
68-(3) Restrict the leasing of residential units to the extent those rules 37
69-are reasonably designed to meet underwriting requirements of 38
70-institutional lenders that regularly make loans secured by first 39
71-mortgages on units in common interest communities or regularly 40
72-purchase those mortgages, provided no such restriction shall be 41
73-enforceable unless notice thereof is recorded on the land records of 42
74-each town in which any part of the common interest community is 43
75-located. Such notice shall be indexed by the town clerk in the grantor 44 Bill No. 6805
62+(2) Regulate any behavior in or occupancy of a unit which violates the 34
63+declaration or adversely affects the use and enjoyment of other units or 35
64+the common elements by other unit owners; or 36
65+(3) Restrict the leasing of residential units to the extent those rules are 37
66+reasonably designed to meet underwriting requirements of institutional 38
67+lenders that regularly make loans secured by first mortgages on units in 39
68+common interest communities or regularly purchase those mortgages, 40
69+provided no such restriction shall be enforceable unless notice thereof is 41
70+recorded on the land records of each town in which any part of the 42
71+common interest community is located. Such notice shall be indexed by 43
72+the town clerk in the grantor index of such land records in the name of 44
73+the association. 45 Raised Bill No. 6805
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8379 (g) [In the case of a common interest community that is not a 46
8480 condominium or a cooperative, an] An association may not adopt or 47
8581 enforce any rules that would have the effect of prohibiting any unit 48
8682 owner from installing a solar power generating system on the roof of 49
87-such owner's unit, provided such roof is not shared with any other 50
88-unit owner. An association may adopt rules governing (1) the size and 51
83+such owner's unit, provided such roof is not shared with any other unit 50
84+owner. An association may adopt rules governing (1) the size and 51
8985 manner of affixing, installing or removing a solar power generating 52
9086 system; (2) the unit owner's responsibilities for periodic upkeep and 53
9187 maintenance of such solar power generating system; and (3) a 54
9288 prohibition on any unit owner installing a solar power generating 55
9389 system upon any common elements of the association. 56
9490 (h) An association's internal business operating procedures need not 57
9591 be adopted as rules. 58
9692 (i) Each rule of the association shall be reasonable. 59
9793 This act shall take effect as follows and shall amend the following
9894 sections:
9995
10096 Section 1 October 1, 2023 47-261b
10197
102-PD Joint Favorable
98+Statement of Purpose:
99+To prohibit condominiums or cooperatives from restricting the
100+installation of certain solar power generating systems.
101+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
102+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
103+underlined.]
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