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General Assembly Raised Bill No. 6805
January Session, 2023
LCO No. 4517
Referred to Committee on PLANNING AND
DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING SOLAR INSTALLATIONS IN CONDOMINIUMS
AND COOPERATIVES.
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 Section 47-261b of the general statutes is repealed and the 1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, 2023): 2
(a) At least ten days before adopting, amending or repealing any 3
rule, the executive board shall give all unit owners notice of (1) The 4
executive board's intention to adopt, amend or repeal a rule and shall 5
include with such notice the text of the proposed rule or amendment, 6
or the text of the rule proposed to be repealed; and (2) the date on 7
which the executive board will act on the proposed rule, amendment 8
or repeal after 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 Bill No. 6805
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adopt rules to establish and enforce construction and design criteria 14
and aesthetic standards. If an association adopts such rules, the 15
association shall adopt procedures for enforcement of those rules and 16
for approval of construction applications, including a reasonable time 17
within which the association shall act after an application is submitted 18
and the consequences of its failure to act. 19
(d) A rule regulating display of the flag of the United States shall be 20
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 27
to 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 34
the declaration or adversely affects the use and enjoyment of other 35
units or the common elements by other unit owners; or 36
(3) Restrict the leasing of residential units to the extent those rules 37
are reasonably designed to meet underwriting requirements of 38
institutional lenders that regularly make loans secured by first 39
mortgages on units in common interest communities or regularly 40
purchase those mortgages, provided no such restriction shall be 41
enforceable unless notice thereof is recorded on the land records of 42
each town in which any part of the common interest community is 43
located. Such notice shall be indexed by the town clerk in the grantor 44 Bill No. 6805
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index of such land records in the name of the association. 45
(g) [In the case of a common interest community that is not a 46
condominium or a cooperative, an] An association may not adopt or 47
enforce any rules that would have the effect of prohibiting any unit 48
owner from installing a solar power generating system on the roof of 49
such owner's unit, provided such roof is not shared with any other 50
unit owner. An association may adopt rules governing (1) the size and 51
manner of affixing, installing or removing a solar power generating 52
system; (2) the unit owner's responsibilities for periodic upkeep and 53
maintenance of such solar power generating system; and (3) a 54
prohibition on any unit owner installing a solar power generating 55
system upon any common elements of the association. 56
(h) An association's internal business operating procedures need not 57
be adopted as rules. 58
(i) Each rule of the association shall be reasonable. 59
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 47-261b
PD Joint Favorable