{"data":{"id":"us-ct/conn.-gen.-stat.-47-261h","jurisdiction":"us-ct","citation":"Conn. Gen. Stat. § 47-261h","heading":"Solar power generating systems.","body":"(a) For purposes of this section, “single-family detached unit” means a building used as a residence in a common interest community, except for a cooperative, as defined in section 47-202, that does not contain units divided by horizontal or vertical boundaries that are comprised by, or are located in, common walls between units.\n(b) On and after January 1, 2026, any provision of a declaration or the bylaws of an association that prohibits or unreasonably restricts the installation or use of a solar power generating system on the roof of a unit that is a single-family detached unit, or is otherwise in conflict with the provisions of this section, shall be unenforceable. In any common interest community where a unit is a parcel of land, this section shall apply to any single-family detached unit constructed on such unit. This section shall not apply to any unit that has vertical or horizontal boundaries that are comprised by, or are located in, common walls between units.\n(c) A unit owner shall obtain approval to install a solar power generating system under this section by submitting an application to the executive board of the association in a form and manner prescribed by such board. The executive board shall (1) acknowledge, in writing to the unit owner, the receipt of any such application not later than thirty days after such receipt, and (2) process such application in the same manner as an application for an addition, alteration or improvement pursuant to the declaration or bylaws of the association. The executive board shall approve or deny such application or request additional information concerning the proposed installation in writing not later than sixty days after the date of receipt of such application. An application shall be deemed approved sixty days after the date of the executive board's receipt of the application if the executive board has not denied such application or requested additional information in writing. If the executive board requests additional information, the application shall be deemed approved thirty days after the board's receipt of such additional information if the executive board has not denied such application in writing. The executive board shall not unreasonably withhold approval of an application submitted in accordance with this section.\n(d) If a unit owner's application to install a solar power generating system is approved or deemed approved by the executive board, the unit owner shall enter into a written agreement with the association, which may be recorded on the land records in every town in which the common interest community is located, that requires the unit owner to:\n(1) Comply with the provisions of the declaration or bylaws regarding an addition, alteration or improvement that are applicable to the installation of such solar power generating system;\n(2) Engage a registered and insured contractor licensed pursuant to chapter 393 to install the solar power generating system who shall, within fourteen days of the execution of the written agreement, (A) provide a certificate of insurance that demonstrates liability insurance coverage in an amount not less than one million dollars and names the association, the association's manager, if any, and the unit owner as insured parties, (B) provide evidence of workers' compensation insurance as may be required by law, and (C) submit to the association a mechanic's lien waiver in favor of the association for any work performed on behalf of such unit owner concerning the installation of such solar power generating system;\n(3) Pay any cost associated with the installation of the solar power generating system, including, but not limited to, increased master policy premiums, attorney's fees incurred by the association, engineering fees, professional fees, permit fees and fees associated with applicable zoning compliance requirements;\n(4) Indemnify the association, the unit owners of the association and the association's executive board, officers, directors and manager, as applicable, for (A) any damage or loss caused by the solar power generating system, and (B) any financial obligations concerning the solar power generating system; and\n(5) Assume full responsibility for the maintenance, repair and replacement of the roof over the unit owner's unit at the unit owner's sole expense.\n(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, an association formed on or before January 1, 2026, may, not later than January 1, 2028, by an affirmative vote of not less than seventy-five per cent of the association's board of directors, opt out of the provisions of said subsections regarding the installation of any solar power generating system. Any association that opts out of the provisions of said subsections shall record on the land records of any municipality in which the real property of such association is located a notice of such affirmative vote opting out of the provisions of said subdivisions not later than thirty days after such vote.\n(f) A unit owner that enters into a written agreement pursuant to subsection (d) of this section, or any successive owner of the unit that acquires title to the unit and assumes the duties imposed by such agreement, shall be responsible for:\n(1) Any cost to repair damage to the solar power generating system, common elements of the association or any unit in the association resulting from the installation, use, maintenance, repair, removal or replacement of the solar power generating system;\n(2) Any cost for the maintenance, repair or replacement of the solar power generating system until such system is removed;\n(3) Any cost for the repair or restoration of the roof upon which the solar power generating system was installed after such system is removed;\n(4) Any additional common expenses resulting from uninsured losses related to the solar power generating system not covered by any master insurance policy held by the association of unit owners; and\n(5) Disclosing to any prospective buyer of the unit (A) the existence of the solar power generating system, (B) the associated responsibilities of the unit owner under this section, (C) the existence of any agreement between the unit owner and the association concerning a solar power generating system, and (D) the requirement that the buyer takes ownership of the solar power generating system, or assumes all of the responsibilities of the unit owner under any lease agreement or other agreement between the unit owner and the owner of the solar power generating system, unless such system is removed prior to the conveyance of the unit.\n(g) A solar power generating system installed pursuant to this section shall meet all applicable health and safety standards and requirements under any state or federal law or local ordinance.\n(h) An association may:\n(1) Install a solar power generating system on any common elements of the association for use by the unit owners and develop appropriate rules for such use;\n(2) Require that a unit owner remove any solar power generating system installed by the unit owner prior to the unit owner's sale of the unit unless the buyer of the unit agrees to (A) take ownership of the solar power generating system, or assumes all of the responsibilities of the unit owner under any lease agreement or other agreement between the unit owner and the owner of the solar power generating system, (B) assume responsibility for the maintenance, repair and replacement of the roof over the unit owner's unit at the unit owner's sole expense, and (C) assume and be bound by any agreement between the unit owner and the association that indemnifies the association, the unit owners of the association and the association's executive board, officers, directors and manager, as applicable, for any damage or losses caused by the solar power generating system; and\n(3) Assess a unit owner for any uninsured portion of a loss associated with a solar power generating system, whether resulting from a deductible or otherwise, regardless of whether the association submits an insurance claim.\n(i) In any action by an association seeking to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney's fees.","path":["TITLE 47. LAND AND LAND TITLES","CHAPTER 828. COMMON INTEREST OWNERSHIP ACT","PART III. MANAGEMENT OF COMMON INTEREST COMMUNITIES"],"source_url":"https://www.cga.ct.gov/2026/sup/chap_828.htm#sec_47-261h","current_through":"Revised to January 1, 2026 (2026 Supplement to the General Statutes of Connecticut, applied over the base revision of January 1, 2025)","vintage":"","retrieved_at":"2026-09-06T19:07:27Z","sha256":"3a62023cb00561aeb970f9e94c74b28c7d32d508e9f4bfa2bcc5be5b4806b923","source_id":"us-ct","stale":false,"prev":"us-ct/conn.-gen.-stat.-47-296-to-47-299","next":"us-ct/conn.-gen.-stat.-47-300"},"notice":"GroundRules: Original legal text. Not legal advice."}