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 Section 47-257 of the general statutes is repealed and the 1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