Connecticut Seal

House Bill No. 5356

Public Act No. 04-132

AN ACT CONCERNING THE CONVEYANCING OF REAL PROPERTY.

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

Section 1. (NEW) (Effective October 1, 2004) The town clerk of any town shall accept for recording any certified copy of a deed or other instrument affecting real property located in such town and recorded in the land records of another town, provided such copy is certified by the town clerk of the other town to be a true copy of the original deed or other instrument recorded in such other town. When such certified copy is so recorded, it shall have the same effect as a record of the original deed or other instrument.

Sec. 2. Section 1-34 of the general statutes is amended by adding subdivisions (5) and (6) as follows (Effective October 1, 2004):

(NEW) (5) By a limited liability company:

State of . . . .

County of . . . .

On this the . . . . day of . . . . , 20. . , before me, . . . . , the undersigned officer, personally appeared . . . . who acknowledged himself to be the . . . . of . . . . , a (member managed or manager managed) limited liability company, and that he, as such . . . . , being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself as . . . .

In witness whereof I hereunto set my hand.

. . . .

. . . .

Title of Officer.

(NEW) (6) By a registered limited liability partnership:

State of . . . .

County of . . . .

On this the . . . . day of . . . . , 20. . , before me, . . . . , the undersigned officer, personally appeared . . . . who acknowledged himself to be the . . . . of . . . . , a registered limited liability partnership, and that he, as such . . . . , being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the registered limited liability partnership by himself as . . . .

In witness whereof I hereunto set my hand.

. . . .

. . . .

Title of Officer.

Sec. 3. Section 1-62 of the general statutes is amended by adding subdivisions (6) and (7) as follows (Effective October 1, 2004):

(NEW) (6) For a limited liability company:

State of . . . .

County of . . . .

The foregoing instrument was acknowledged before me this (date) by (name and capacity of acknowledging member or manager) on behalf of (name of limited liability company) a (member managed or manager managed) (state of organization) limited liability company, on behalf of the company.

(Signature of person taking acknowledgment)

(Title or rank)

(Serial number, if any)

(NEW) (7) For a registered limited liability partnership:

State of . . . .

County of . . . .

The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner), partner (or agent) on behalf of (name of registered limited liability partnership) a (state or place of filing of certificate of registered limited liability partnership) registered limited liability partnership, on behalf of the registered limited liability partnership.

(Signature of person taking acknowledgment)

(Title or rank)

(Serial number, if any)

Sec. 4. Subsection (j) of section 47-236 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(j) If the declaration of a common interest community, whether created before or after January 1, 1984, contains a provision requiring that amendments relating to the use of units, the relocation of boundaries between units and common elements or the extension or creation of development rights may be adopted only by the vote or agreement of unit owners of units to which more than eighty per cent [or more] of the votes in the association are allocated, such a proposed amendment shall be deemed approved if:

(1) (A) Unit owners of units to which [at least] more than eighty per cent of the votes in the association are allocated vote for or agree to the proposed amendment;

(B) No unit owner votes against the proposed amendment; and

(C) Notice of the proposed amendment is delivered to the unit owners holding the votes in the association that have not voted or agreed to the proposed amendment and no written objection of the proposed amendment is received by the association within thirty days after the association delivers notice; or

(2) Unit owners of units to which [at least] more than eighty per cent of the votes in the association are allocated vote for or agree to the proposed amendment but at least one unit owner objects to the proposed amendment and, pursuant to an action brought by the association in the Superior Court against all objecting unit owners, the court finds that the objecting unit owner or owners do not have a unique minority interest, different in kind from the interests of the other unit owners, that the voting requirement of the declaration was intended to protect.

Sec. 5. Subsection (b) of section 49-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) Advancements may be made by a mortgagee for repairs, alterations or improvements and are a part of the debt due the mortgagee, provided (1) advancements for [those] such repairs, alterations or improvements shall not be made if the indebtedness at the time of the advancement exceeds the amount of the original mortgage debt; (2) the advancements shall not exceed the difference between the indebtedness at the time of the advancement and the original mortgage debt, if the original mortgage debt is greater than the then indebtedness; (3) the total amount of all of the advancements for repairs, alterations and improvements outstanding at any time shall not exceed (A) one thousand dollars [; (4) the original mortgage shall be executed and recorded after October 1, 1947; and (5)] as to mortgages executed and recorded after October 1, 1947, but before October 1, 2004, or (B) five thousand dollars as to mortgages executed and recorded on or after October 1, 2004; and (4) the terms of repayment of the advancements shall not increase the time of repayment of the original mortgage debt.

Sec. 6. Section 49-92a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) A purchaser's lien is created for the amount of the deposit paid pursuant to and stated in a contract for the conveyance of land by the recording of [that] such contract, or a notice thereof, in the records of the town in which the land is situated, provided the contract, or notice thereof, is executed by the owner and by the vendee of the land, witnessed and acknowledged in the same manner as required for a deed for the conveyance of land and describes the particular land to which it refers. [That] Such purchaser's lien shall be prior to any other liens and encumbrances originating after the contract, or notice thereof, is recorded. A purchaser's lien may be foreclosed in the same manner as a mortgage. Transfer of title of the land to the vendee constitutes a release and discharge of the lien.

(b) Any notice recorded pursuant to this section shall, in addition to the requirements set forth in subsection (a) of this section, include (1) the address of the owner and the vendee, (2) the date provided in the contract for the performance of such contract or, if such date is not provided in such contract, the date on which such contract was executed, and (3) the amount of the deposit paid pursuant to the contract. Nothing in this subsection shall be construed to affect the validity of any purchaser's lien created before the effective date of this section.

Sec. 7. Section 49-92e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Any person [,] having an interest in any real estate described in any recorded contract of sale, or notice thereof, creating a purchaser's lien which is invalid but not discharged of record [,] may give written notice to the lienor to discharge the lien in the office where recorded. If the request is not complied with in ten days, [that] such person may bring his complaint to the court which would have jurisdiction of the foreclosure of the lien, if valid, claiming such discharge of the lien, and the court may adjudge the validity or invalidity of the lien and may award the plaintiff damages for the failure of the defendant to make discharge upon request. A certified copy of the judgment of invalidity, recorded [on] in the land records of the town where such certificate of lien was filed, fully discharges the lien.

Sec. 8. Section 49-92f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Each person who has lodged for record a contract of sale, or notice thereof, claiming a lien on any property under the provisions of sections 49-92a to 49-92f, inclusive, shall, after receiving satisfaction of his claim or after the rendition of a final judgment against him showing that nothing is due thereon, within ten days after being requested in writing to do so by any person interested in having the lien removed, sign and lodge, in the office in which his original contract of sale, or notice thereof, was filed for record, a certificate that such lien is removed, which, when recorded, shall discharge such lien. If he fails to comply with such request, he shall pay to the party aggrieved such sum, not exceeding half the amount claimed by his lien, as the court having cognizance of the action brought therefor may determine.

Approved May 21, 2004