Connecticut 2025 Regular Session

Connecticut House Bill HB07002 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	LCO 1 of 8
	3	+	LCO No. 4966 1 of 8
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 7002
	5	+	General Assembly Raised Bill No. 7002
6	6		January Session, 2025
	7	+	LCO No. 4966
	8	+
	9	+
	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PD)
	15	+
7	16
8	17
9	18
10	19		AN ACT CONCERNING SOLAR INSTALLATIONS IN CERTAIN
11	20		COMMON INTEREST OWNERSHIP COMMUNITIES.
12	21		Be it enacted by the Senate and House of Representatives in General
13	22		Assembly convened:
14	23
15	24		Section 1. Section 47-257 of the general statutes is repealed and the 1
16	25		following is substituted in lieu thereof (Effective October 1, 2025): 2
17	26		(a) Until the association makes a common expense assessment, the 3
18	27		declarant shall pay all common expenses. After an assessment has been 4
19	28		made by the association, assessments shall be made [at least] not less 5
20	29		than annually, based on a budget adopted [at least] not less than 6
21	30		annually by the association. 7
22	31		(b) Except for assessments under subsections (c), (d), [and] (e) and (h) 8
23	32		of this section, or as otherwise provided in this chapter, all common 9
24	33		expenses shall be assessed against all the units in accordance with the 10
25	34		allocations set forth in the declaration pursuant to subsections (a) and 11
26	35		(b) of section 47-226. The association may charge interest on any past 12
27	36		due assessment or portion thereof at the rate established by the 13
28	37		association, not exceeding eighteen per cent per year. 14
	38	+	Raised Bill No. 7002
	39	+
	40	+
	41	+
	42	+	LCO No. 4966 2 of 8
	43	+
29	44		(c) To the extent required by the declaration: (1) Any common 15
30	45		expense associated with the maintenance, repair or replacement of a 16
31	46		limited common element shall be assessed against the units to which 17
32		-	that limited common element is assigned, equally, or in any other 18 Substitute Bill No. 7002
33		-
34		-
35		-	LCO 2 of 8
36		-
	47	+	that limited common element is assigned, equally, or in any other 18
37	48		proportion the declaration provides; (2) any common expense or 19
38	49		portion thereof benefiting fewer than all of the units or their owners may 20
39	50		be assessed exclusively against the units benefited; and (3) the costs of 21
40	51		insurance shall be assessed in proportion to risk and the costs of utilities 22
41	52		shall be assessed in proportion to usage. 23
42	53		(d) Assessments to pay a judgment against the association may be 24
43	54		made only against the units in the common interest community at the 25
44	55		time the judgment was rendered, in proportion to their common 26
45	56		expense liabilities. 27
46	57		(e) If any common expense is caused by the wilful misconduct, failure 28
47	58		to comply with a written maintenance standard [promulgated] adopted 29
48	59		by the association or gross negligence of any unit owner or tenant or a 30
49	60		guest or invitee of a unit owner or tenant, the association may, after 31
50	61		notice and hearing, assess the portion of that common expense [in excess 32
51	62		of] exceeding any insurance proceeds received by the association under 33
52	63		its insurance policy, whether that portion results from the application of 34
53	64		a deductible or otherwise, exclusively against that owner's unit. 35
54	65		(f) If common expense liabilities are reallocated, common expense 36
55	66		assessments and any installment thereof not yet due shall be 37
56	67		recalculated in accordance with the reallocated common expense 38
57	68		liabilities. 39
58	69		(g) No unit owner [may exempt himself] shall be exempt from 40
59	70		liability for payment of the common expenses by waiver of the use or 41
60	71		enjoyment of any of the common elements or by abandonment of the 42
61	72		unit against which the assessments are made. 43
62	73		(h) If any addition, alteration or improvement made by, or at the 44
63	74		direction of, a unit owner results in an increase in common expenses, 45
	75	+	Raised Bill No. 7002
	76	+
	77	+
	78	+
	79	+	LCO No. 4966 3 of 8
	80	+
64	81		including, but not limited to, any cost of maintenance, repair or 46
65	82		insurance, the amount of such increase shall be assessed solely against 47
66	83		the unit owned by the unit owner who caused such addition, alteration 48
67		-	or improvement to be made. 49 Substitute Bill No. 7002
68		-
69		-
70		-	LCO 3 of 8
71		-
	84	+	or improvement to be made. 49
72	85		Sec. 2. (NEW) (Effective January 1, 2026) (a) For purposes of this 50
73	86		section, "single-family detached unit" means a building used as a 51
74	87		residence in a common interest community, except for a cooperative, as 52
75	88		defined in section 47-202 of the general statutes, that does not contain 53
76	89		units divided by horizontal or vertical boundaries that are comprised 54
77	90		by, or are located in, common walls between units. 55
78	91		(b) On and after January 1, 2026, any provision of a declaration or the 56
79	92		bylaws of an association that prohibits or unreasonably restricts the 57
80	93		installation or use of a solar power generating system on the roof of a 58
81	94		unit that is a single-family detached unit, or is otherwise in conflict with 59
82	95		the provisions of this section, shall be unenforceable. In any common 60
83	96		interest community where a unit is a parcel of land, this section shall 61
84	97		apply to any single-family detached unit constructed on such unit. This 62
85	98		section shall not apply to any unit that has vertical or horizontal 63
86	99		boundaries that are comprised by, or are located in, common walls 64
87	100		between units. 65
88	101		(c) A unit owner shall obtain approval to install a solar power 66
89	102		generating system under this section by submitting an application to the 67
90	103		executive board of the association in a form and manner prescribed by 68
91	104		such board. The executive board shall (1) acknowledge, in writing to the 69
92	105		unit owner, the receipt of any such application not later than thirty days 70
93	106		after such receipt, and (2) process such application in the same manner 71
94	107		as an application for an addition, alteration or improvement pursuant 72
95	108		to the declaration or bylaws of the association. The executive board shall 73
96	109		approve or deny such application or request additional information 74
97	110		concerning the proposed installation in writing not later than sixty days 75
98	111		after the date of receipt of such application. An application shall be 76
99	112		deemed approved sixty days after the date of the executive board's 77
	113	+	Raised Bill No. 7002
	114	+
	115	+
	116	+
	117	+	LCO No. 4966 4 of 8
	118	+
100	119		receipt of the application if the executive board has not denied such 78
101	120		application or requested additional information in writing. If the 79
102	121		executive board requests additional information, the application shall 80
103	122		be deemed approved thirty days after the board's receipt of such 81
104	123		additional information if the executive board has not denied such 82
105		-	application in writing. The executive board shall not unreasonably 83 Substitute Bill No. 7002
106		-
107		-
108		-	LCO 4 of 8
109		-
	124	+	application in writing. The executive board shall not unreasonably 83
110	125		withhold approval of an application submitted in accordance with this 84
111	126		section. 85
112	127		(d) If a unit owner's application to install a solar power generating 86
113	128		system is approved or deemed approved by the executive board, the 87
114	129		unit owner shall enter into a written agreement with the association, 88
115	130		which may be recorded on the land records in every town in which the 89
116	131		common interest community is located, that requires the unit owner to: 90
117	132		(1) Comply with the provisions of the declaration or bylaws 91
118	133		regarding an addition, alteration or improvement that are applicable to 92
119	134		the installation of such solar power generating system; 93
120	135		(2) Engage a registered and insured contractor licensed pursuant to 94
121	136		chapter 393 of the general statutes to install the solar power generating 95
122	137		system who shall, within fourteen days of the execution of the written 96
123	138		agreement, (A) provide a certificate of insurance that demonstrates 97
124	139		liability insurance coverage in an amount not less than one million 98
125	140		dollars and names the association, the association's manager, if any, and 99
126	141		the unit owner as insured parties, (B) provide evidence of workers' 100
127	142		compensation insurance as may be required by law, and (C) submit to 101
128	143		the association a mechanic's lien waiver in favor of the association for 102
129	144		any work performed on behalf of such unit owner concerning the 103
130	145		installation of such solar power generating system; 104
131	146		(3) Pay any cost associated with the installation of the solar power 105
132	147		generating system, including, but not limited to, increased master policy 106
133	148		premiums, attorney's fees incurred by the association, engineering fees, 107
134	149		professional fees, permit fees and fees associated with applicable zoning 108
	150	+	Raised Bill No. 7002
	151	+
	152	+
	153	+
	154	+	LCO No. 4966 5 of 8
	155	+
135	156		compliance requirements; 109
136	157		(4) Indemnify the association, the unit owners of the association and 110
137	158		the association's executive board, officers, directors and manager, as 111
138	159		applicable, for (A) any damage or loss caused by the solar power 112
139	160		generating system, and (B) any financial obligations concerning the 113
140		-	solar power generating system; and 114 Substitute Bill No. 7002
141		-
142		-
143		-	LCO 5 of 8
144		-
	161	+	solar power generating system; and 114
145	162		(5) Assume full responsibility for the maintenance, repair and 115
146	163		replacement of the roof over the unit owner's unit at the unit owner's 116
147	164		sole expense. 117
148	165		(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 118
149	166		of this section, an association formed on or before January 1, 2026, may, 119
150	167		not later than January 1, 2028, by an affirmative vote of not less than 120
151	168		seventy-five per cent of the association's board of directors, opt out of 121
152	169		the provisions of said subsections regarding the installation of any solar 122
153	170		power generating system. Any association that opts out of the 123
154	171		provisions of said subsections shall record on the land records of any 124
155	172		municipality in which the real property of such association is located a 125
156	173		notice of such affirmative vote opting out of the provisions of said 126
157	174		subdivisions not later than thirty days after such vote. 127
158	175		(f) A unit owner that enters into a written agreement pursuant to 128
159	176		subsection (d) of this section, or any successive owner of the unit that 129
160	177		acquires title to the unit and assumes the duties imposed by such 130
161	178		agreement, shall be responsible for: 131
162	179		(1) Any cost to repair damage to the solar power generating system, 132
163	180		common elements of the association or any unit in the association 133
164	181		resulting from the installation, use, maintenance, repair, removal or 134
165	182		replacement of the solar power generating system; 135
166	183		(2) Any cost for the maintenance, repair or replacement of the solar 136
167	184		power generating system until such system is removed; 137
	185	+	Raised Bill No. 7002
	186	+
	187	+
	188	+
	189	+	LCO No. 4966 6 of 8
	190	+
168	191		(3) Any cost for the repair or restoration of the roof upon which the 138
169	192		solar power generating system was installed after such system is 139
170	193		removed; 140
171	194		(4) Any additional common expenses resulting from uninsured losses 141
172	195		related to the solar power generating system not covered by any master 142
173	196		insurance policy held by the association of unit owners; and 143
174		-	(5) Disclosing to any prospective buyer of the unit (A) the existence 144 Substitute Bill No. 7002
175		-
176		-
177		-	LCO 6 of 8
178		-
	197	+	(5) Disclosing to any prospective buyer of the unit (A) the existence 144
179	198		of the solar power generating system, (B) the associated responsibilities 145
180	199		of the unit owner under this section, (C) the existence of any agreement 146
181	200		between the unit owner and the association concerning a solar power 147
182	201		generating system, and (D) the requirement that the buyer takes 148
183	202		ownership of the solar power generating system, or assumes all of the 149
184	203		responsibilities of the unit owner under any lease agreement or other 150
185	204		agreement between the unit owner and the owner of the solar power 151
186	205		generating system, unless such system is removed prior to the 152
187	206		conveyance of the unit. 153
188	207		(g) A solar power generating system installed pursuant to this section 154
189	208		shall meet all applicable health and safety standards and requirements 155
190	209		under any state or federal law or local ordinance. 156
191	210		(h) An association may: 157
192	211		(1) Install a solar power generating system on any common elements 158
193		-	of the association for use ~~by the~~ unit owners and develop appropriate 159
	212	+	of the association for the use of all unit owners and develop appropriate 159
194	213		rules for such use; 160
195	214		(2) Require that a unit owner remove any solar power generating 161
196	215		system installed by the unit owner prior to the unit owner's sale of the 162
197	216		unit unless the buyer of the unit agrees to (A) take ownership of the solar 163
198	217		power generating system, or assumes all of the responsibilities of the 164
199	218		unit owner under any lease agreement or other agreement between the 165
200	219		unit owner and the owner of the solar power generating system, (B) 166
201	220		assume responsibility for the maintenance, repair and replacement of 167
	221	+	Raised Bill No. 7002
	222	+
	223	+
	224	+
	225	+	LCO No. 4966 7 of 8
	226	+
202	227		the roof over the unit owner's unit at the unit owner's sole expense, and 168
203	228		(C) assume and be bound by any agreement between the unit owner and 169
204	229		the association that indemnifies the association, the unit owners of the 170
205	230		association and the association's executive board, officers, directors and 171
206	231		manager, as applicable, for any damage or losses caused by the solar 172
207	232		power generating system; and 173
208	233		(3) Assess a unit owner for any uninsured portion of a loss associated 174
209	234		with a solar power generating system, whether resulting from a 175
210		-	deductible or otherwise, regardless of whether the association submits 176 Substitute Bill No. 7002
211		-
212		-
213		-	LCO 7 of 8
214		-
	235	+	deductible or otherwise, regardless of whether the association submits 176
215	236		an insurance claim. 177
216	237		(i) In any action by an association seeking to enforce compliance with 178
217	238		this section, the prevailing party shall be awarded reasonable attorney's 179
218	239		fees. 180
219	240		Sec. 3. Subsections (g) to (i), inclusive, of section 47-261b of the 181
220	241		general statutes are repealed and the following is substituted in lieu 182
221	242		thereof (Effective October 1, 2025): 183
222	243		[(g) In the case of a common interest community that is not a 184
223	244		condominium or a cooperative, an association may not adopt or enforce 185
224	245		any rules that would have the effect of prohibiting any unit owner from 186
225	246		installing a solar power generating system on the roof of such owner's 187
226	247		unit, provided such roof is not shared with any other unit owner. An 188
227	248		association may adopt rules governing (1) the size and manner of 189
228	249		affixing, installing or removing a solar power generating system; (2) the 190
229	250		unit owner's responsibilities for periodic upkeep and maintenance of 191
230	251		such solar power generating system; and (3) a prohibition on any unit 192
231	252		owner installing a solar power generating system upon any common 193
232	253		elements of the association.] 194
233	254		[(h)] (g) An association's internal business operating procedures need 195
234	255		not be adopted as rules. 196
235	256		[(i)] (h) Each rule of the association shall be reasonable. 197
	257	+	Raised Bill No. 7002
	258	+
	259	+
	260	+
	261	+	LCO No. 4966 8 of 8
	262	+
236	263		This act shall take effect as follows and shall amend the following
237	264		sections:
238	265
239	266		Section 1 October 1, 2025 47-257
240	267		Sec. 2 January 1, 2026 New section
241	268		Sec. 3 October 1, 2025 47-261b(g) to (i)
242	269
243		-	Statement of ~~Legislative Commissioners~~:
244		-	~~In Section 2(h)(1), "for~~ the ~~use~~ of ~~all" was changed to "for~~ ~~use by the"~~
245		-	~~for accuracy.~~
246		-	~~Substitute Bill No~~. ~~7002~~
	270	+	Statement of Purpose:
	271	+	To permit the installation of certain solar power generating systems that
	272	+	serve single-family detached units in common interest ownership
	273	+	communities.
247	274
248		-
249		-	LCO 8 of 8
250		-
251		-	PD Joint Favorable Subst. -LCO
	275	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	276	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	277	+	underlined.]
252	278