Condominums-Unit Owner Approval

OLR Research Report


December 23, 2002		2002-R-0940
CONDOMINIUMS-UNIT OWNER APPROVAL

By: George Coppolo, Chief Attorney

You asked whether the legislature has established any thresholds for condominium unit owner action. You also asked what limits the law imposes on the ability of condominium owners to amend their bylaws?

The law establishes thresholds for condominium unit owner action in several areas. The law requires at least 67% approval to amend the declaration. In several instances, it requires a higher threshold and in a few instances requires unanimous approval. In Table One we have summarized these provisions including whether the law allows the declaration to establish higher or lower thresholds.

The law requires that condominium associations have bylaws that establish a method of amending them. But the law does not specify a minimum threshold for amending bylaws.

We spoke with attorney Matt Perlstein, an expert in condominium law. He advised us that in the typical Connecticut condominium, the declaration gives the executive board the power to amend the bylaws by a two-thirds vote. He also advised us that under our law, the bylaws are relatively unimportant in comparison to the declaration, which addresses the most important matters.

Table 1: Thresholds for Unit Owner Approval

*Document Amended or Other Action Taken*	*Specifics*	*Minimum Vote Required*	*Declaration May Provide Otherwise*	*Citation*
Amend Declaration	Any action, except as law otherwise specifies	At least 67%	Declaration may require higher percentage or may permit lower percentage if all units restricted to non-residential use.	47-236(a)
Amend Declaration	Boundaries between units and common elements to be relocated to incorporate common elements in a unit	Approval by people entitled to cast at least 67% of the vote.	Yes	47-231
Amend Declaration	Create or increase special declarant rights, increase the number of units, or change the boundaries of any unit or the allocated interests of a unit	Unanimous consent	Unless expressly permitted or required by law	47-236(d)
Amend declaration	Prohibit or materially restrict the permitted uses or occupancy of a unit or the number or other qualifications of people who may occupy units	80%	Declaration may require more than 80%	47-36(f)
Amend declaration	Extend Time limits specified in the declaration to exercise reserved development rights, increase the number of units to be increased, and new development rights or other special declarant rights to be created	80%, including 80% of the votes allocated to units the declarant does not own	No	47-236(g)
Amend declaration	Relocation of boundaries between units and common elements to incorporate common elements within a unit	67% of votes allocated to units the declarant does not own.	Declaration may provide otherwise	47-231
Termination of condominium	Termination of condominium by agreement of unit owners	80%	Declaration may require a higher percentage. It may require less than 80% if all units are restricted to non-residential units.	47-237
Termination of condominium containing units not having horizontal boundaries described in the declaration	Sale of units following termination agreement	Unanimous consent	the declaration as originally recorded provides otherwise	47-237(d)
Merger or consolidation of condominium	Agreement of two or more condos to merge or consolidate	80%	Declaration may require a higher percentage. It may require less than 80% if all the units are restricted to non-residential use.	47-240
Removal of executive board member	Removal of member of executive board member with or without cause	2/3rds of those present and entitled to vote at any unit owners meeting as long quorum is present.	No	47-245(g)
Quorums	Quorum is present during any association meeting	Those entitled to cast 20% of the votes for executive board are present	Bylaws may provide otherwise	47-251(a)
Quorum	Executive board meeting	Those entitled to cast 50% of votes on that board.	Bylaws may provide otherwise	47-251(b)
Budget	Approval of association budget	Majority of all unit owners	Declaration may require a higher percentage	47-245(c)

CONDOMINIUM BYLAWS

The law requires that a condominium association's bylaws must provide for: (1) the number of executive board members and the titles of the association's officers; (2) election by the executive board of an association president, treasurer, secretary and any other officers the bylaws specify; (3) the qualifications, powers and duties, terms of office and manner of electing and removing executive board members and officers and filling vacancies; (4) which, if any, of its powers the executive board or officers may delegate to other people or to a managing agent; (5)

which of its officers may prepare, execute, certify and record amendments to the declaration on the association's behalf ; and (6) a method for amending the bylaws(CGS § 47-248(a)).

The law allows bylaws to provide for any other matters the association deems necessary and appropriate, subject to whatever requirements and restrictions a condominium's declaration provides (CGS § 47-248(b).

DECLARATION

The law requires that the declaration contain:

1. the names of the condominium and the association and a statement that the condominium is either a condominium, cooperative or planned community;

2. The name of every town in which any part of the condominium is situated;

3. A legally sufficient description of the real property included in the condominium;

4. A statement of the maximum number of units that the declarant reserves the right to create;

5. A description of the boundaries of each unit created by the declaration, including the unit's identifying number;

6. A description of any limited common elements;

7. A description of any real property, except real property subject to development rights, that may be allocated subsequently as limited common elements, other than certain limited common elements together with a statement that they may be so allocated;

8. A description of any development rights, and other special declarant rights, reserved by the declarant, together with a legally sufficient description of the real property to which each of those rights applies and a time limit within which each of those rights must be exercised;

9. If any development right may be exercised with respect to different parcels of real property at different times, a statement to that effect together with (A) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right or a statement that no assurances are made in those regards, and (B) a statement as to whether, if any development right is exercised in any portion of the real property subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real property;

10. Any other conditions or limitations under which development and special declarant rights may be exercised or will lapse;

11. An allocation to each unit of the allocated interests in the manner described in statute;

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 (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 condominium, or on termination of the condominium;

13. The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by virtue of a reservation in the declaration; and

14. All matters required by law relating to leasehold condominiums, limited common elements, surveys and plans, the use of the premises for sales purposes, easement rights, and any period of declarant control (CGS § 47-224(a)).

The declaration may also contain any other matters not inconsistent with the law that the declarant considers appropriate, including any restrictions on the uses of a unit or the number or other qualifications of persons who may occupy units (CGS § 47-224(b)).

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