Connecticut 2024 Regular Session

Connecticut House Bill HB05168 Compare Versions

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5	7		General Assembly Substitute Bill No. 5168
6	8		February Session, 2024
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11	13		AN ACT CONCERNING SOLAR INSTALLATIONS IN CONDOMINIUMS
12	14		AND COOPERATIVES.
13	15		Be it enacted by the Senate and House of Representatives in General
14	16		Assembly convened:
15	17
16	18		Section 1. Section 47-257 of the general statutes is repealed and the 1
17	19		following is substituted in lieu thereof (Effective October 1, 2024): 2
18	20		(a) Until the association makes a common expense assessment, the 3
19	21		declarant shall pay all common expenses. After an assessment has been 4
20	22		made by the association, assessments shall be made [at least] not less 5
21	23		than annually, based on a budget adopted [at least] not less than 6
22	24		annually by the association. 7
23	25		(b) Except for assessments under subsections (c), (d), [and] (e) and (h) 8
24	26		of this section, or as otherwise provided in this chapter, all common 9
25	27		expenses shall be assessed against all the units in accordance with the 10
26	28		allocations set forth in the declaration pursuant to subsections (a) and 11
27	29		(b) of section 47-226. The association may charge interest on any past 12
28	30		due assessment or portion thereof at the rate established by the 13
29	31		association, not exceeding eighteen per cent per year. 14
30	32		(c) To the extent required by the declaration: (1) Any common 15
31	33		expense associated with the maintenance, repair or replacement of a 16
32	34		limited common element shall be assessed against the units to which 17
33	35		that limited common element is assigned, equally, or in any other 18 Substitute Bill No. 5168
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38	42		proportion the declaration provides; (2) any common expense or 19
39	43		portion thereof benefiting fewer than all of the units or their owners may 20
40	44		be assessed exclusively against the units benefited; and (3) the costs of 21
41	45		insurance shall be assessed in proportion to risk and the costs of utilities 22
42	46		shall be assessed in proportion to usage. 23
43	47		(d) Assessments to pay a judgment against the association may be 24
44	48		made only against the units in the common interest community at the 25
45	49		time the judgment was rendered, in proportion to their common 26
46	50		expense liabilities. 27
47	51		(e) If any common expense is caused by the wilful misconduct, failure 28
48	52		to comply with a written maintenance standard [promulgated] adopted 29
49	53		by the association or gross negligence of any unit owner, or tenant or a 30
50	54		guest or invitee of a unit owner or tenant, the association may, after 31
51	55		notice and hearing, assess the portion of that common expense [in excess 32
52	56		of] exceeding any insurance proceeds received by the association under 33
53	57		its insurance policy, whether that portion results from the application of 34
54	58		a deductible or otherwise, exclusively against [that] such owner's unit. 35
55	59		(f) If common expense liabilities are reallocated, common expense 36
56	60		assessments and any installment thereof not yet due shall be 37
57	61		recalculated in accordance with the reallocated common expense 38
58	62		liabilities. 39
59	63		(g) No unit owner may exempt [himself] themselves from liability for 40
60	64		payment of the common expenses by waiver of the use or enjoyment of 41
61	65		any of the common elements or by abandonment of the unit against 42
62	66		which the assessments are made. 43
63	67		(h) If any addition, alteration or improvement made by, or at the 44
64	68		direction of, a unit owner results in an increase in common expenses, 45
65	69		including, but not limited to, any cost of maintenance, repair or 46
66	70		insurance, the amount of such increase shall be assessed solely against 47
67	71		the unit owned by the unit owner who caused such addition, alteration 48
68	72		or improvement to be made. 49 Substitute Bill No. 5168
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73	79		Sec. 2. (NEW) (Effective January 1, 2025) (a) For purposes of this 50
74	80		section, "single-family detached unit" means a building in a common 51
75	81		interest community that does not contain units divided by horizontal or 52
76	82		vertical boundaries that are comprised by, or are located in, common 53
77	83		walls between units. 54
78	84		(b) On and after January 1, 2025, any provision of a declaration or the 55
79	85		bylaws of an association that prohibits or unreasonably restricts the 56
80	86		installation or use of a solar power generating system on the roof of a 57
81	87		unit that is a single-family detached unit, or is otherwise in conflict with 58
82	88		the provisions of this section, shall be unenforceable. In any common 59
83	89		interest community where a unit is a parcel of land, this section shall 60
84	90		apply to any single-family detached unit constructed on such unit. This 61
85	91		section shall not apply to any unit that has vertical or horizontal 62
86	92		boundaries that are comprised by, or are located in, common walls 63
87	93		between units. 64
88	94		(c) The owner of a unit shall obtain approval to install a solar power 65
89	95		generating system under this section by submitting an application to the 66
90	96		executive board of the association in a form and manner prescribed by 67
91	97		such board. The executive board shall (1) acknowledge, in writing to the 68
92	98		unit owner, the receipt of any such application not later than thirty days 69
93	99		after such receipt, and (2) process such application in the same manner 70
94	100		as an application for an addition, alteration or improvement pursuant 71
95	101		to the declaration or bylaws of the association. The approval or denial 72
96	102		of such application shall be in writing and be issued to the unit owner 73
97	103		not later than sixty days after the date of receipt of such application. 74
98	104		Unless the executive board requests additional information from the 75
99	105		unit owner concerning the proposed installation of a solar power 76
100	106		generating system, the application shall be deemed approved sixty days 77
101	107		after the date of the executive board's receipt of the application, if the 78
102	108		executive board has not denied such application in writing. If a unit 79
103	109		owner has complied with the provisions of this section, the executive 80
104	110		board shall not unreasonably withhold approval of the unit owner's 81
105	111		application. 82 Substitute Bill No. 5168
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110	118		(d) If a unit owner's application to install a solar power generating 83
111	119		system is approved or deemed approved by the executive board, the 84
112	120		unit owner shall enter into a written agreement with the association, 85
113	121		which may be recorded on the land records in every town in which the 86
114	122		common interest community is located, that requires the unit owner to: 87
115	123		(1) Comply with the provisions of the declaration or bylaws 88
116	124		regarding an addition, alteration or improvement that are applicable to 89
117	125		the installation of such solar power generating system; 90
118	126		(2) Engage a registered and insured contractor to install the solar 91
119	127		power generating system who shall, within fourteen days of the 92
120	128		execution of the written agreement, (A) provide a certificate of insurance 93
121	129		that demonstrates liability insurance coverage in an amount not less 94
122	130		than one million dollars and names the association, the association's 95
123	131		manager, if any, and the unit owner as insured parties, (B) provide 96
124	132		evidence of workers' compensation insurance as may be required by 97
125	133		law, and (C) submit to the association a mechanic's lien waiver in favor 98
126	134		of the association for any work performed on behalf of such unit owner 99
127	135		concerning the installation of such solar power generating system; 100
128	136		(3) Pay any cost associated with the installation of the solar power 101
129	137		generating system, including, but not limited to, increased master policy 102
130	138		premiums, attorney's fees incurred by the association, engineering fees, 103
131	139		professional fees, permit fees and fees associated with applicable zoning 104
132	140		compliance requirements; 105
133	141		(4) Indemnify the association, the unit owners of the association and 106
134	142		the association's executive board, officers, directors and manager, as 107
135	143		applicable, for (A) any damage or loss caused by the solar power 108
136	144		generating system, and (B) any financial obligations concerning the 109
137	145		solar power generating system; and 110
138	146		(5) Assume full responsibility for the maintenance, repair and 111
139	147		replacement of the roof over the unit owner's unit at the unit owner's 112
140	148		sole expense. 113 Substitute Bill No. 5168
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145	155		(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 114
146	156		of this section, an association formed on or before January 1, 2025, may, 115
147	157		by an affirmative vote of not less than seventy-five per cent of the 116
148	158		association's board of directors, opt out of the provisions of said 117
149	159		subsections regarding the installation of any solar power generating 118
150	160		system, except that, on and after January 1, 2027, no association may opt 119
151	161		out of the provisions of said subsections. Any association that opts out 120
152	162		of the provisions of said subsections shall record on the land records of 121
153	163		any municipality in which the real property of such association is 122
154	164		located a notice of such affirmative vote opting out of the provisions of 123
155	165		said subdivisions not later than thirty days after such vote. 124
156	166		(f) The unit owner, or, upon the sale or other disposition of the unit 125
157	167		by such owner, any successive owner of the unit that acquires title to the 126
158	168		unit and assumes the duties imposed by any agreement entered into 127
159	169		pursuant to subsection (d) of this section, shall be responsible for: 128
160	170		(1) Any cost to repair damage to the solar power generating system, 129
161	171		common elements of the association or any unit in the association 130
162	172		resulting from the installation, use, maintenance, repair, removal or 131
163	173		replacement of the solar power generating system; 132
164	174		(2) Any cost for the maintenance, repair and replacement of the solar 133
165	175		power generating system until such system is removed; 134
166	176		(3) Any cost for the repair or restoration of the roof upon which the 135
167	177		solar power generating system was installed after such system is 136
168	178		removed; 137
169	179		(4) Any additional common expenses resulting from uninsured losses 138
170	180		related to the solar power generating system not covered by any master 139
171	181		insurance policy held by the association of unit owners; and 140
172	182		(5) Disclosing to any prospective buyer of the unit (A) the existence 141
173	183		of the solar power generating system, (B) the associated responsibilities 142
174	184		of the unit owner under this section, (C) the existence of any agreement 143
175	185		between the unit owner and the association concerning a solar power 144 Substitute Bill No. 5168
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180	192		generating system, and (D) the requirement that the purchaser takes 145
181	193		ownership of the solar power generating system unless it is removed 146
182	194		prior to the conveyance of the unit. 147
183	195		(g) A solar power generating system installed pursuant to this section 148
184	196		shall meet all applicable health and safety standards and requirements 149
185	197		under any state or federal law or local ordinance. 150
186	198		(h) An association may: 151
187	199		(1) Install a solar power generating system on any common elements 152
188	200		of the association for the use of all unit owners and develop appropriate 153
189	201		rules for such use; 154
190	202		(2) Require that a unit owner remove any solar power generating 155
191	203		system installed by the unit owner prior to the unit owner's sale of the 156
192	204		unit unless the purchaser of the unit agrees to (A) take ownership of the 157
193	205		solar power generating system, (B) assume responsibility for the 158
194	206		maintenance, repair and replacement of the roof over the unit owner's 159
195	207		unit at the unit owner's sole expense, and (C) assume and be bound by 160
196	208		any agreement between the unit owner and the association that 161
197	209		indemnifies the association, the unit owners of the association and the 162
198	210		association's executive board, officers, directors and manager, as 163
199	211		applicable, for any damage or losses caused by the solar power 164
200	212		generating system; and 165
201	213		(3) Assess a unit owner for any uninsured portion of a loss associated 166
202	214		with a solar power generating system, whether resulting from a 167
203	215		deductible or otherwise, regardless of whether the association submits 168
204	216		an insurance claim. 169
205	217		(i) In any action by an association seeking to enforce compliance with 170
206	218		this section, the prevailing party shall be awarded reasonable attorney's 171
207	219		fees. 172
208	220		Sec. 3. Subsections (g) to (i), inclusive, of section 47-261b of the 173
209	221		general statutes are repealed and the following is substituted in lieu 174 Substitute Bill No. 5168
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214	228		thereof (Effective January 1, 2025): 175
215	229		[(g) In the case of a common interest community that is not a 176
216	230		condominium or a cooperative, an association may not adopt or enforce 177
217	231		any rules that would have the effect of prohibiting any unit owner from 178
218	232		installing a solar power generating system on the roof of such owner's 179
219	233		unit, provided such roof is not shared with any other unit owner. An 180
220	234		association may adopt rules governing (1) the size and manner of 181
221	235		affixing, installing or removing a solar power generating system; (2) the 182
222	236		unit owner's responsibilities for periodic upkeep and maintenance of 183
223	237		such solar power generating system; and (3) a prohibition on any unit 184
224	238		owner installing a solar power generating system upon any common 185
225	239		elements of the association.] 186
226	240		[(h)] (g) An association's internal business operating procedures need 187
227	241		not be adopted as rules. 188
228	242		[(i)] (h) Each rule of the association shall be reasonable. 189
229	243		This act shall take effect as follows and shall amend the following
230	244		sections:
231	245
232	246		Section 1 October 1, 2024 47-257
233	247		Sec. 2 January 1, 2025 New section
234	248		Sec. 3 January 1, 2025 47-261b(g) to (i)
235	249
	250	+	Statement of Legislative Commissioners:
	251	+	In Section 1(e), "promulgated" was changed to "adopted" for clarity; in
	252	+	Section 2(a), the first instance of "boundaries" was deleted for
	253	+	consistency of usage with Section 2(b); in Section 2(d), "deemed granted"
	254	+	was changed to "deemed approved" for internal consistency; in Section
	255	+	2(d)(1), "that are applicable to the installation of such solar power
	256	+	generating system" was added for accuracy; and Section 2(f)(3) was
	257	+	rewritten for clarity and accuracy.
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237	259		PD Joint Favorable Subst.
238		-	JUD Joint Favorable
239	260