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2 | 2 | | |
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3 | 3 | | LCO No. 26 1 of 3 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 5152 |
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6 | 6 | | February Session, 2024 |
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7 | 7 | | LCO No. 26 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on HOUSING |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (HSG) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING RENTERS IN COMMON INTEREST |
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20 | 20 | | OWNERSHIP COMMUNITIES. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Section 47-261b of the general statutes is repealed and the 1 |
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25 | 25 | | following is substituted in lieu thereof (Effective October 1, 2024): 2 |
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26 | 26 | | (a) At least ten days before adopting, amending or repealing any rule, 3 |
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27 | 27 | | the executive board shall give all unit owners notice of (1) The executive 4 |
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28 | 28 | | board's intention to adopt, amend or repeal a rule and shall include with 5 |
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29 | 29 | | such notice the text of the proposed rule or amendment, or the text of 6 |
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30 | 30 | | the rule proposed to be repealed; and (2) the date on which the executive 7 |
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31 | 31 | | board will act on the proposed rule, amendment or repeal after 8 |
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32 | 32 | | considering comments from unit owners. 9 |
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33 | 33 | | (b) Following adoption, amendment or repeal of a rule, the 10 |
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34 | 34 | | association shall give all unit owners notice of its action and include 11 |
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35 | 35 | | with such notice a copy of any new or amended rule. 12 |
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36 | 36 | | (c) Subject to the provisions of the declaration, an association may 13 |
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37 | 37 | | adopt rules to establish and enforce construction and design criteria and 14 Raised Bill No. 5152 |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | LCO No. 26 2 of 3 |
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42 | 42 | | |
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43 | 43 | | aesthetic standards. If an association adopts such rules, the association 15 |
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44 | 44 | | shall adopt procedures for enforcement of those rules and for approval 16 |
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45 | 45 | | of construction applications, including a reasonable time within which 17 |
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46 | 46 | | the association shall act after an application is submitted and the 18 |
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47 | 47 | | consequences of its failure to act. 19 |
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48 | 48 | | (d) A rule regulating display of the flag of the United States shall be 20 |
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49 | 49 | | consistent with federal law. In addition, the association may not prohibit 21 |
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50 | 50 | | display, on a unit or on a limited common element adjoining a unit, of 22 |
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51 | 51 | | the flag of this state, or signs regarding candidates for public or 23 |
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52 | 52 | | association office or ballot questions, but the association may adopt 24 |
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53 | 53 | | rules governing the time, place, size, number and manner of those 25 |
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54 | 54 | | displays. 26 |
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55 | 55 | | (e) Unit owners may peacefully assemble on the common elements to 27 |
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56 | 56 | | consider matters related to the common interest community, but the 28 |
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57 | 57 | | association may adopt rules governing the time, place and manner of 29 |
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58 | 58 | | those assemblies. 30 |
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59 | 59 | | (f) An association may adopt rules that affect the use of or behavior 31 |
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60 | 60 | | in units that may be used for residential purposes, only to: 32 |
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61 | 61 | | (1) Implement a provision of the declaration; 33 |
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62 | 62 | | (2) Regulate any behavior in or occupancy of a unit [which] that 34 |
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63 | 63 | | violates the declaration or adversely affects the use and enjoyment of 35 |
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64 | 64 | | other units or the common elements by other unit owners; or 36 |
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65 | 65 | | (3) Restrict the leasing of residential units, [to the extent those rules 37 |
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66 | 66 | | are reasonably designed to meet underwriting requirements of 38 |
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67 | 67 | | institutional lenders that regularly make loans secured by first 39 |
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68 | 68 | | mortgages on units in common interest communities or regularly 40 |
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69 | 69 | | purchase those mortgages,] provided no such restriction shall (A) result 41 |
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70 | 70 | | in permitting less than fifty per cent of the units to be leased, or (B) be 42 |
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71 | 71 | | enforceable unless notice thereof is recorded on the land records of each 43 |
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72 | 72 | | town in which any part of the common interest community is located. 44 |
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73 | 73 | | Such notice shall be indexed by the town clerk in the grantor index of 45 Raised Bill No. 5152 |
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74 | 74 | | |
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75 | 75 | | |
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76 | 76 | | |
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77 | 77 | | LCO No. 26 3 of 3 |
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78 | 78 | | |
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79 | 79 | | such land records in the name of the association. 46 |
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80 | 80 | | (g) In the case of a common interest community that is not a 47 |
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81 | 81 | | condominium or a cooperative, an association may not adopt or enforce 48 |
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82 | 82 | | any rules that would have the effect of prohibiting any unit owner from 49 |
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83 | 83 | | installing a solar power generating system on the roof of such owner's 50 |
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84 | 84 | | unit, provided such roof is not shared with any other unit owner. An 51 |
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85 | 85 | | association may adopt rules governing (1) the size and manner of 52 |
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86 | 86 | | affixing, installing or removing a solar power generating system; (2) the 53 |
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87 | 87 | | unit owner's responsibilities for periodic upkeep and maintenance of 54 |
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88 | 88 | | such solar power generating system; and (3) a prohibition on any unit 55 |
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89 | 89 | | owner installing a solar power generating system upon any common 56 |
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90 | 90 | | elements of the association. 57 |
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91 | 91 | | (h) An association's internal business operating procedures need not 58 |
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92 | 92 | | be adopted as rules. 59 |
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93 | 93 | | (i) Each rule of the association shall be reasonable. 60 |
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94 | 94 | | This act shall take effect as follows and shall amend the following |
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95 | 95 | | sections: |
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96 | 96 | | |
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97 | 97 | | Section 1 October 1, 2024 47-261b |
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98 | 98 | | |
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99 | 99 | | Statement of Purpose: |
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100 | 100 | | To prohibit common interest ownership communities from enacting or |
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101 | 101 | | enforcing restrictions that limit the number of rented units to less than |
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102 | 102 | | fifty per cent. |
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103 | 103 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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104 | 104 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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105 | 105 | | underlined.] |
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106 | 106 | | |
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