Bill Text: CT SB01121 | 2015 | General Assembly | Introduced

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Bill Title: An Act Concerning The Obligations Of An Association And Unit Owners In A Common Interest Ownership Community.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-03-20 - Public Hearing 03/25 [SB01121 Detail]

Download: Connecticut-2015-SB01121-Introduced.html

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General Assembly		Raised Bill No. 1121
January Session, 2015		LCO No. 5549
		*05549_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE OBLIGATIONS OF AN ASSOCIATION AND UNIT OWNERS IN A COMMON INTEREST OWNERSHIP COMMUNITY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 47-261b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) At least ten days before adopting, amending or repealing any rule, the executive board shall give all unit owners notice of: (1) The executive board's intention to adopt, amend or repeal a rule and shall include with such notice the text of the proposed rule or amendment, or the text of the rule proposed to be repealed; and (2) the date on which the executive board will act on the proposed rule, amendment or repeal after considering comments from unit owners.

(b) Following adoption, amendment or repeal of a rule, the association shall give all unit owners notice of its action and include with such notice a copy of any new or amended rule.

(c) Subject to the provisions of the declaration, an association may adopt rules to establish and enforce construction and design criteria and aesthetic standards. If an association adopts such rules, the association shall adopt procedures for enforcement of those rules and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act.

(d) A rule regulating display of the flag of the United States must be consistent with federal law. In addition, the association may not prohibit display, on a unit or on a limited common element adjoining a unit, of the flag of this state, or signs regarding candidates for public or association office or ballot questions, but the association may adopt rules governing the time, place, size, number and manner of those displays.

(e) An association may not prohibit a unit owner from affixing one or more solar panels to the roof of his or her unit. An association may adopt rules governing: (1) The size of, number of and manner of affixing or removing solar panels; (2) the unit owner's responsibilities for periodic upkeep and maintenance of any such solar panel; and (3) the unit owner's financial responsibilities to the association when he or she is permitted to install one or more solar panels to the roof of his or her unit.

[(e)] (f) Unit owners may peacefully assemble on the common elements to consider matters related to the common interest community, but the association may adopt rules governing the time, place and manner of those assemblies.

[(f)] (g) An association may adopt rules that affect the use of or behavior in units that may be used for residential purposes, only to:

(1) Implement a provision of the declaration;

(2) Regulate any behavior in or occupancy of a unit which violates the declaration or adversely affects the use and enjoyment of other units or the common elements by other unit owners; or

(3) Restrict the leasing of residential units to the extent those rules are reasonably designed to meet underwriting requirements of institutional lenders that regularly make loans secured by first mortgages on units in common interest communities or regularly purchase those mortgages, provided no such restriction shall be enforceable unless notice thereof is recorded on the land records of each town in which any part of the common interest community is located. Such notice shall be indexed by the town clerk in the grantor index of such land records in the name of the association.

[(g)] (h) An association's internal business operating procedures need not be adopted as rules.

[(h)] (i) Each rule of the association must be reasonable.

Sec. 2. Subsection (a) of section 47-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) A unit owner is not liable, solely by reason of being a unit owner, for injury or damage arising out of the condition or use of the common elements. A unit owner whose negligence causes property damage to a unit is personally liable for the property damage caused to such unit. Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the common interest community which that declarant has the responsibility to maintain.

Sec. 3. Subdivision (12) of subsection (a) of section 47-224 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(12) Any restrictions (A) on alienation of the units, including any restrictions on leasing which exceed the restrictions on leasing units which executive boards may impose pursuant to subdivision (3) of subsection [(f)] (g) of section 47-261b, and (B) on the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation or casualty loss to the unit or to the common interest community, or on termination of the common interest community;

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2015	47-261b
Sec. 2	October 1, 2015	47-253(a)
Sec. 3	October 1, 2015	47-224(a)(12)

Statement of Purpose:

To: (1) Allow the unit owner of a common interest community to install one or more solar panels to the roof of his or her unit, and (2) hold unit owners liable for property damage caused to a unit that is attributable to such owner's negligence.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]