Connecticut 2024 Regular Session

Connecticut House Bill HB05152 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 5152
66 February Session, 2024
77 LCO No. 26
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1010 Referred to Committee on HOUSING
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1313 Introduced by:
1414 (HSG)
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1919 AN ACT CONCERNING RENTERS IN COMMON INTEREST
2020 OWNERSHIP COMMUNITIES.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
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2424 Section 1. Section 47-261b of the general statutes is repealed and the 1
2525 following is substituted in lieu thereof (Effective October 1, 2024): 2
2626 (a) At least ten days before adopting, amending or repealing any rule, 3
2727 the executive board shall give all unit owners notice of (1) The executive 4
2828 board's intention to adopt, amend or repeal a rule and shall include with 5
2929 such notice the text of the proposed rule or amendment, or the text of 6
3030 the rule proposed to be repealed; and (2) the date on which the executive 7
3131 board will act on the proposed rule, amendment or repeal after 8
3232 considering comments from unit owners. 9
3333 (b) Following adoption, amendment or repeal of a rule, the 10
3434 association shall give all unit owners notice of its action and include 11
3535 with such notice a copy of any new or amended rule. 12
3636 (c) Subject to the provisions of the declaration, an association may 13
3737 adopt rules to establish and enforce construction and design criteria and 14 Raised Bill No. 5152
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4343 aesthetic standards. If an association adopts such rules, the association 15
4444 shall adopt procedures for enforcement of those rules and for approval 16
4545 of construction applications, including a reasonable time within which 17
4646 the association shall act after an application is submitted and the 18
4747 consequences of its failure to act. 19
4848 (d) A rule regulating display of the flag of the United States shall be 20
4949 consistent with federal law. In addition, the association may not prohibit 21
5050 display, on a unit or on a limited common element adjoining a unit, of 22
5151 the flag of this state, or signs regarding candidates for public or 23
5252 association office or ballot questions, but the association may adopt 24
5353 rules governing the time, place, size, number and manner of those 25
5454 displays. 26
5555 (e) Unit owners may peacefully assemble on the common elements to 27
5656 consider matters related to the common interest community, but the 28
5757 association may adopt rules governing the time, place and manner of 29
5858 those assemblies. 30
5959 (f) An association may adopt rules that affect the use of or behavior 31
6060 in units that may be used for residential purposes, only to: 32
6161 (1) Implement a provision of the declaration; 33
6262 (2) Regulate any behavior in or occupancy of a unit [which] that 34
6363 violates the declaration or adversely affects the use and enjoyment of 35
6464 other units or the common elements by other unit owners; or 36
6565 (3) Restrict the leasing of residential units, [to the extent those rules 37
6666 are reasonably designed to meet underwriting requirements of 38
6767 institutional lenders that regularly make loans secured by first 39
6868 mortgages on units in common interest communities or regularly 40
6969 purchase those mortgages,] provided no such restriction shall (A) result 41
7070 in permitting less than fifty per cent of the units to be leased, or (B) be 42
7171 enforceable unless notice thereof is recorded on the land records of each 43
7272 town in which any part of the common interest community is located. 44
7373 Such notice shall be indexed by the town clerk in the grantor index of 45 Raised Bill No. 5152
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7979 such land records in the name of the association. 46
8080 (g) In the case of a common interest community that is not a 47
8181 condominium or a cooperative, an association may not adopt or enforce 48
8282 any rules that would have the effect of prohibiting any unit owner from 49
8383 installing a solar power generating system on the roof of such owner's 50
8484 unit, provided such roof is not shared with any other unit owner. An 51
8585 association may adopt rules governing (1) the size and manner of 52
8686 affixing, installing or removing a solar power generating system; (2) the 53
8787 unit owner's responsibilities for periodic upkeep and maintenance of 54
8888 such solar power generating system; and (3) a prohibition on any unit 55
8989 owner installing a solar power generating system upon any common 56
9090 elements of the association. 57
9191 (h) An association's internal business operating procedures need not 58
9292 be adopted as rules. 59
9393 (i) Each rule of the association shall be reasonable. 60
9494 This act shall take effect as follows and shall amend the following
9595 sections:
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9797 Section 1 October 1, 2024 47-261b
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9999 Statement of Purpose:
100100 To prohibit common interest ownership communities from enacting or
101101 enforcing restrictions that limit the number of rented units to less than
102102 fifty per cent.
103103 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
104104 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
105105 underlined.]
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