Connecticut 2023 Regular Session

Connecticut Senate Bill SB01013 Compare Versions

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7	7		General Assembly Substitute Bill No. 1013
8	8		January Session, 2023
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14	14		AN ACT CONCERNING COMMON INTEREST OWNERSHIP
15	15		COMMUNITIES.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. (Effective from passage) Not later than February 1, 2024, the 1
20	20		Commissioner of Housing shall prepare and submit a report, in 2
21	21		accordance with the provisions of section 11-4a of the general statutes, 3
22	22		to the joint standing committee of the General Assembly having 4
23	23		cognizance of matters relating to real estate. Such report shall include 5
24		-	an assessment of the funding of reserves involving any common ~~interest~~ 6
25		-	community in this state. As used in this section, "common ~~interest~~ 7
26		-	community" has the same meaning as provided in section 47-~~202 of the~~ 8
27		-	general statutes, as amended by this act. 9
	24	+	an assessment of the funding of reserves involving any common 6
	25	+	interest community in this state. As used in this section, "common 7
	26	+	interest community" has the same meaning as provided in section 47-8
	27	+	202 of the general statutes, as amended by this act. 9
28	28		Sec. 2. Section 47-261b of the general statutes is repealed and the 10
29	29		following is substituted in lieu thereof (Effective October 1, 2023): 11
30		-	(a) At least ten days before adopting, amending or repealing any ~~rule,~~ 12
31		-	the executive board shall give all unit owners notice of (1) The ~~executive~~ 13
32		-	board's intention to adopt, amend or repeal a rule and shall ~~include with~~ 14
33		-	such notice the text of the proposed rule or amendment, ~~or the text of~~ 15
34		-	the rule proposed to be repealed; and (2) the date on ~~which the executive~~ 16
35		-	board will act on the proposed rule, amendment ~~or repeal after~~ 17
36		-	considering comments from unit owners. 18 Substitute Bill No. 1013
	30	+	(a) At least ten days before adopting, amending or repealing any 12
	31	+	rule, the executive board shall give all unit owners notice of (1) The 13
	32	+	executive board's intention to adopt, amend or repeal a rule and shall 14
	33	+	include with such notice the text of the proposed rule or amendment, 15
	34	+	or the text of the rule proposed to be repealed; and (2) the date on 16
	35	+	which the executive board will act on the proposed rule, amendment 17
	36	+	or repeal after considering comments from unit owners. 18 Substitute Bill No. 1013
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43	43		(b) Following adoption, amendment or repeal of a rule, the 19
44	44		association shall give all unit owners notice of its action and include 20
45	45		with such notice a copy of any new or amended rule. 21
46	46		(c) Subject to the provisions of the declaration, an association may 22
47		-	adopt rules to establish and enforce construction and design criteria ~~and~~ 23
48		-	aesthetic standards. If an association adopts such rules, the ~~association~~ 24
49		-	shall adopt procedures for enforcement of those rules and ~~for approval~~ 25
50		-	of construction applications, including a reasonable time ~~within which~~ 26
51		-	the association shall act after an application is submitted ~~and the~~ 27
52		-	consequences of its failure to act. 28
	47	+	adopt rules to establish and enforce construction and design criteria 23
	48	+	and aesthetic standards. If an association adopts such rules, the 24
	49	+	association shall adopt procedures for enforcement of those rules and 25
	50	+	for approval of construction applications, including a reasonable time 26
	51	+	within which the association shall act after an application is submitted 27
	52	+	and the consequences of its failure to act. 28
53	53		(d) A rule regulating display of the flag of the United States shall be 29
54		-	consistent with federal law. In addition, the association may not ~~prohibit~~ 30
55		-	display, on a unit or on a limited common element adjoining a ~~unit, of~~ 31
56		-	the flag of this state, or signs regarding candidates for public or 32
	54	+	consistent with federal law. In addition, the association may not 30
	55	+	prohibit display, on a unit or on a limited common element adjoining a 31
	56	+	unit, of the flag of this state, or signs regarding candidates for public or 32
57	57		association office or ballot questions, but the association may adopt 33
58	58		rules governing the time, place, size, number and manner of those 34
59	59		displays. 35
60		-	(e) Unit owners may peacefully assemble on the common elements to 36
61		-	consider matters related to the common interest community, but the 37
	60	+	(e) Unit owners may peacefully assemble on the common elements 36
	61	+	to consider matters related to the common interest community, but the 37
62	62		association may adopt rules governing the time, place and manner of 38
63	63		those assemblies. 39
64	64		(f) An association may adopt rules that affect the use of or behavior 40
65	65		in units that may be used for residential purposes, only to: 41
66	66		(1) Implement a provision of the declaration; 42
67		-	(2) Regulate any behavior in or occupancy of a unit which violates ~~the~~ 43
68		-	declaration or adversely affects the use and enjoyment of other ~~units or~~ 44
69		-	the common elements by other unit owners; or 45
70		-	(3) Restrict the leasing of residential units to the extent those rules ~~are~~ 46
71		-	reasonably designed to meet underwriting requirements of ~~institutional~~ 47
72		-	lenders that regularly make loans secured by first ~~mortgages on units in~~ 48 Substitute Bill No. 1013
	67	+	(2) Regulate any behavior in or occupancy of a unit which violates 43
	68	+	the declaration or adversely affects the use and enjoyment of other 44
	69	+	units or the common elements by other unit owners; or 45
	70	+	(3) Restrict the leasing of residential units to the extent those rules 46
	71	+	are reasonably designed to meet underwriting requirements of 47
	72	+	institutional lenders that regularly make loans secured by first 48 Substitute Bill No. 1013
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79		-	common interest communities or regularly ~~purchase those mortgages,~~ 49
80		-	provided no such restriction shall be ~~enforceable unless notice thereof is~~ 50
81		-	recorded on the land records of ~~each town in which any part of the~~ 51
82		-	common interest community is ~~located. Such notice shall be indexed by~~ 52
83		-	the town clerk in the grantor ~~index of such land records in the name of~~ 53
84		-	the association. 54
	79	+	mortgages on units in common interest communities or regularly 49
	80	+	purchase those mortgages, provided no such restriction shall be 50
	81	+	enforceable unless notice thereof is recorded on the land records of 51
	82	+	each town in which any part of the common interest community is 52
	83	+	located. Such notice shall be indexed by the town clerk in the grantor 53
	84	+	index of such land records in the name of the association. 54
85	85		(g) In the case of a common interest community that is not a 55
86		-	condominium or a cooperative, an association may not adopt or ~~enforce~~ 56
87		-	any rules that would have the effect of prohibiting any unit ~~owner from~~ 57
88		-	installing a solar power generating system on the roof of ~~such owner's~~ 58
89		-	unit, provided such roof is not shared with any other ~~unit owner. An~~ 59
90		-	association may adopt rules governing (1) the size and ~~manner of~~ 60
91		-	affixing, installing or removing a solar power generating ~~system; (2) the~~ 61
92		-	unit owner's responsibilities for periodic upkeep and ~~maintenance of~~ 62
93		-	such solar power generating system; and (3) a ~~prohibition on any unit~~ 63
94		-	owner installing a solar power generating ~~system upon any common~~ 64
95		-	elements of the association. 65
	86	+	condominium or a cooperative, an association may not adopt or 56
	87	+	enforce any rules that would have the effect of prohibiting any unit 57
	88	+	owner from installing a solar power generating system on the roof of 58
	89	+	such owner's unit, provided such roof is not shared with any other 59
	90	+	unit owner. An association may adopt rules governing (1) the size and 60
	91	+	manner of affixing, installing or removing a solar power generating 61
	92	+	system; (2) the unit owner's responsibilities for periodic upkeep and 62
	93	+	maintenance of such solar power generating system; and (3) a 63
	94	+	prohibition on any unit owner installing a solar power generating 64
	95	+	system upon any common elements of the association. 65
96	96		(h) No condominium association shall consist of less than fifty per 66
97	97		cent owner-occupied units, unless any such condominium association 67
98	98		adopts a rule that allows less than fifty per cent of such units to be 68
99	99		owner-occupied. 69
100		-	(i) No person shall own more than twenty-five per cent of all units in 70
101		-	a common interest community. 71
102		-	[(h)] (j) An association's internal business operating procedures ~~need~~ 72
103		-	not be adopted as rules. 73
	100	+	(i) No person shall own more than twenty-five per cent of all units 70
	101	+	in a common interest community. 71
	102	+	[(h)] (j) An association's internal business operating procedures 72
	103	+	need not be adopted as rules. 73
104	104		[(i)] (k) Each rule of the association shall be reasonable. 74
105	105		Sec. 3. Subdivision (13) of section 47-202 of the general statutes is 75
106		-	repealed and the following is substituted in lieu thereof (Effective ~~October~~ 76
107		-	1, 2023): 77
	106	+	repealed and the following is substituted in lieu thereof (Effective 76
	107	+	October 1, 2023): 77
108	108		(13) "Dealer" means a person who owns either six or more units, or 78 Substitute Bill No. 1013
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115	115		[fifty] up to, but not exceeding, twenty-five per cent or more of all the 79
116	116		units, in a common interest community. 80
117	117		This act shall take effect as follows and shall amend the following
118	118		sections:
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120	120		Section 1 from passage New section
121	121		Sec. 2 October 1, 2023 47-261b
122	122		Sec. 3 October 1, 2023 47-202(13)
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124	124		INS Joint Favorable Subst.
125		-	APP Joint Favorable
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