Sec. 47-216. Applicability to preexisting common interest communities. (a)
Except as provided in section 47-217, sections 47-204, 47-205, 47-206, 47-222, 47-223, 47-240, 47-244, 47-253, 47-258, 47-260, 47-270 and 47-278, and subsection (j)
of section 47-236, and section 47-202 to the extent necessary in construing any of those
sections, apply to all common interest communities created in this state before January
1, 1984; but those sections apply only with respect to events and circumstances occurring
after January 1, 1984, and do not invalidate existing provisions of the declaration, bylaws
or surveys or plans of those common interest communities.
(b) Section 47-210 and subsections (b) to (d), inclusive, of section 47-225 apply to
all common interest communities created in this state prior to January 1, 1984, but shall
not invalidate existing provisions of the declarations, bylaws or surveys or plans of those
common interest communities.
(P.A. 83-474, S. 17, 96; P.A. 84-472, S. 6, 23; P.A. 95-187, S. 6, 28.)
History: P.A. 84-472 made technical clarifications; P.A. 95-187 designated existing provisions as Subsec. (a), replacing
reference to "subdivisions (1) to (6), inclusive, and (11) to (16), inclusive, of subsection (a) of section 47-244" with "section
47-244" and added reference to "subsection (j) of section 47-236", and added Subsec. (b) making Sec. 47-210 and Subsecs.
(b) to (d), inclusive, of Sec. 47-225 applicable to all common interest communities created prior to January 1, 1984, and
providing that those provisions do not invalidate existing provisions of the declarations, bylaws or surveys or plans of
those communities.
Sec. 47-217. Exception for certain preexisting common interest communities.
(a) If a common interest community created within this state before January 1, 1984,
(1) contains no more than twelve units and is not subject to any development rights, (2)
contains only units restricted to nonresidential use, or (3) is a common interest community described in subdivision (3) of subsection (a) of section 47-215, it is subject only
to sections 47-204, 47-205 and 47-206 unless the declaration is amended in conformity
with applicable law and with the procedures and requirements of the declaration to take
advantage of the provisions of section 47-218, in which case all the sections enumerated
in section 47-216 apply to that common interest community.
(b) If a common interest community created within this state before January 1, 1984,
was formed pursuant to a special act of the legislature, it is not subject to the provisions
of this chapter unless a majority of the unit owners vote, in conformity with applicable
law, to subject such common interest community to the provisions of this chapter. If a
majority of the unit owners so vote, the provisions of this chapter apply to such common
interest community in the manner described in section 47-216 and this section.
(P.A. 83-474, S. 18, 96; P.A. 84-472, S. 7, 23; P.A. 95-187, S. 7.)
History: P.A. 84-472 replaced "cooperative or planned community" with "common interest community", provided an
exception for a "common interest community described in subdivision (1) or (2) of subsection (a) of section 47-215" and
added Subsec. (b) re the applicability of chapter 828 to a common interest community created before January 1, 1984,
pursuant to a special act of the legislature; P.A. 95-187 amended Subsec. (a) to insert Subdiv. indicators, add Subdiv. (2)
re nonresidential communities and make a technical change to a statutory reference in Subdiv. (3).
Sec. 47-218. Applicability to amendments to governing instruments. (a) The
declaration, bylaws or surveys and plans of any common interest community created
before January 1, 1984, may be amended to achieve any result permitted by this chapter
regardless of what applicable law provided before January 1, 1984.
(b) An amendment to the declaration, bylaws or surveys and plans authorized by
subsection (a) of this section shall be adopted in conformity with any procedures and
requirements for amending the instruments specified by those instruments or, if there
are none, in conformity with the amendment procedures of this chapter. If an amendment
grants to any person any rights, powers or privileges permitted by this chapter, all correlative obligations, liabilities and restrictions in this chapter also apply to that person.
(P.A. 83-474, S. 19, 96; P.A. 84-472, S. 8, 23; P.A. 95-187, S. 8.)
History: P.A. 84-472 made technical clarifications; P.A. 95-187 amended Subsec. (a) to replace provisions that specified
that whether an amendment may be made pursuant to the law prior to January 1, 1984, or this chapter, and the law applicable
to such amendment, depended upon whether the substantive result accomplished by the amendment was or was not permitted by law prior to January 1, 1984, with provision that authorized the adoption of an amendment "to achieve any result
permitted by this chapter regardless of what applicable law provided before January 1, 1984," and amended Subsec. (b)
to replace requirement that an amendment be adopted "in conformity with the procedures and requirements of the law that
applied to the common interest community at the time it was created and in conformity with the procedures and requirements
specified by those instruments" with requirement that an amendment be adopted "in conformity with any procedures and
requirements for amending the instruments specified by those instruments or, if there are none, in conformity with the
amendment procedures of this chapter".
Sec. 47-219. Applicability to out-of-state common interest communities. This
chapter does not apply to common interest communities or units located outside this
state, but the public offering statement provisions of sections 47-263 to 47-269, inclusive, apply to all contracts for the disposition thereof signed in this state by any party
following an offer made in this state unless exempt under subsection (b) of section
47-262.
(P.A. 83-474, S. 20, 96.)
PART II*
CREATION, ALTERATION AND TERMINATION
OF COMMON INTEREST COMMUNITIES
*Secs. 47-200-47-281 cited. 223 C. 610, 611. Cited. 237 C. 123, 130. Secs. 47-220-47-242 cited. Id.
Sec. 47-220. Creation of common interest community. (a) A common interest
community may be created pursuant to this chapter only by recording a declaration
executed in the same manner as a deed and, in a cooperative, by conveying the real
property subject to that declaration to the association. The declaration shall be recorded
in every town in which any portion of the common interest community is located and
shall be indexed in the grantee's index in the name of the common interest community
and the association and in the grantor's index in the name of each person executing the
declaration.
(b) A declaration, or an amendment to a declaration adding units, may not be recorded unless all structural components of all buildings containing or comprising any
units thereby created are substantially completed in accordance with the plans, as evidenced by a recorded certificate of completion executed by a registered engineer, surveyor or architect.
(P.A. 83-474, S. 21, 96; P.A. 84-472, S. 9, 23.)
History: P.A. 84-472 made technical change.
Cited. 208 C. 318, 326.
Cited. 38 CA 420, 428. Cited. 44 CA 107.
Sec. 47-221. Unit boundaries. Except as provided by the declaration:
(1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring,
wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and
any other materials constituting any part of the finished surfaces thereof are a part of
the unit, and all other portions of the walls, floors or ceilings are a part of the common
elements.
(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other
fixture lies partially within and partially outside the designated boundaries of a unit,
any portion thereof serving only that unit is a limited common element allocated solely
to that unit, and any portion thereof serving more than one unit or any portion of the
common elements is a part of the common elements.
(3) Subject to subsection (2) of this section, all spaces, interior partitions and other
fixtures and improvements within the boundaries of a unit are a part of the unit.
(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies,
patios and all exterior doors and windows or other fixtures designed to serve a single
unit, but located outside the unit's boundaries, are limited common elements allocated
exclusively to that unit.
(P.A. 83-474, S. 22, 96.)
Sec. 47-222. Construction and validity of declaration and bylaws. (a) All provisions of the declaration and bylaws are severable.
(b) The rule against perpetuities does not apply to defeat any provision of the declaration or of the bylaws, rules or regulations adopted pursuant to subdivision (1) of subsection (a) of section 47-244.
(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with
this chapter.
(d) Title to a unit and common elements is not rendered unmarketable or otherwise
affected by reason of an insubstantial failure of the declaration to comply with this
chapter. Whether a substantial failure impairs marketability is not affected by this
chapter.
(e) In any case in which the surveys or plans required pursuant to section 47-228,
as identified in the declaration, are not recorded simultaneously with the remainder of
the declaration but are recorded thereafter, the failure to record the survey or plans
simultaneously with the remainder of the declaration is an insubstantial failure of the
declaration to comply with this chapter.
(P.A. 83-474, S. 23, 96; P.A. 99-238, S. 3, 8; P.A. 00-84, S. 3, 6.)
History: P.A. 99-238 added Subsec. (e) re failure to record survey or plans simultaneously with remainder of declaration
is insubstantial failure of declaration to comply with chapter, effective July 1, 2000; P.A. 00-84 revised effective date of
P.A. 99-238 to specify applicability of section as amended by that act to errors, irregularities and omissions occurring on
or after January 1, 1999, effective July 1, 2000.
Sec. 47-223. Description of unit. A description of a unit which sets forth the name
of the common interest community, the recording data for the original declaration, the
town in which the common interest community is located and the identifying number
of the unit, is a legally sufficient description of that unit and all rights, obligations and
interests appurtenant to that unit which were created by the declaration or bylaws as
amended or restated.
(P.A. 83-474, S. 24, 96.)
Sec. 47-224. Contents of declaration. (a) The declaration shall contain:
(1) The names of the common interest community and the association and a statement that the common interest community is either a condominium, cooperative or
planned community;
(2) The name of every town in which any part of the common interest community
is situated;
(3) A legally sufficient description of the real property included in the common
interest community;
(4) A statement of the maximum number of units that the declarant reserves the
right to create;
(5) In a condominium or planned community, a description of the boundaries of
each unit created by the declaration, including the unit's identifying number or, in a
cooperative, a description, which may be by surveys or plans, of each unit created by
the declaration, including the unit's identifying number, its size or number of rooms
and its location within a building if it is within a building containing more than one unit;
(6) A description of any limited common elements, other than those specified in
subsections (2) and (4) of section 47-221, as provided in subdivision (10) of subsection
(b) of section 47-228 and, in a planned community, any real property that is or must
become 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 limited common elements specified in subsections (2) and (4) of section 47-221, together
with a statement that they may be so allocated;
(8) A description of any development rights, as defined in subsection (14) of section
47-202, and other special declarant rights, as defined in subsection (29) of section 47-202, 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 the rights described in subdivision (8) of this subsection may be exercised or will lapse;
(11) An allocation to each unit of the allocated interests in the manner described in
section 47-226;
(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 (2) of subsection (c) of section 47-244, 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;
(13) The recording data for recorded easements and licenses appurtenant to or included in the common interest community or to which any portion of the common
interest community is or may become subject by virtue of a reservation in the declaration; and
(14) All matters required by sections 47-225 to 47-228, inclusive, sections 47-234
and 47-235 and subsection (d) of section 47-245.
(b) The declaration may contain any other matters not inconsistent with this chapter
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.
(P.A. 83-474, S. 25, 96; P.A. 95-187, S. 9.)
History: P.A. 95-187 amended Subsec. (a) to delete in Subdiv. (12) the requirement that the declaration contain restrictions on "use" and "occupancy" of the units and add the requirement that the declaration contain "any restrictions on leasing
which exceed the restrictions on leasing units which executive boards may impose pursuant to subdivision (2) of subsection
(c) of section 47-244" and amended Subsec. (b) to allow the declaration to contain "any restrictions on the uses of a unit
or the number or other qualifications of persons who may occupy units".
Cited. 208 C. 318, 326.
Cited. 38 CA 420, 428.
Subsec. (a):
Subdiv. (5) cited. 207 C. 441, 445, 446, 452, 453.
Sec. 47-225. Leasehold common interest communities. (a) Any lease the expiration or termination of which may terminate the common interest community or reduce
its size, or a memorandum thereof, shall be recorded. Every lessor of those leases in a
condominium or planned community shall sign the declaration. The declaration shall
state: (1) The recording data for the lease or a statement of where the complete lease
may be inspected; (2) the date on which the lease is scheduled to expire; (3) a legally
sufficient description of the real property subject to the lease; (4) any rights of the unit
owners to redeem the reversion and the manner whereby those rights may be exercised,
or a statement that they do not have those rights; (5) any rights of the unit owners to
remove any improvements within a reasonable time after the expiration or termination
of the lease, or a statement that they do not have those rights; and (6) any rights of the
unit owners to renew the lease and the conditions of any renewal, or a statement that
they do not have those rights.
(b) After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor's successor in interest may terminate
the leasehold interest of a unit owner who makes timely payment of a unit owner's share
of the rent and otherwise complies with all covenants which, if violated, would entitle
the lessor to terminate the lease. A unit owner's leasehold interest in a condominium
or planned community is not affected by failure of any other person to pay rent or fulfill
any other covenant.
(c) Acquisition of the leasehold interest of any unit owner by the owner of the
reversion or remainder does not merge the leasehold and reversionary or remainder
interests unless the leasehold interests of all unit owners subject to that reversion or
remainder are acquired.
(d) If the expiration or termination of a lease decreases the number of units in a
common interest community, the allocated interests shall be reallocated in accordance
with subsection (a) of section 47-206 as if those units had been taken by eminent domain.
Reallocations shall be confirmed by an amendment to the declaration prepared, executed
and recorded by the association.
(P.A. 83-474, S. 26, 96.)
Sec. 47-226. Allocation of interests. (a) The declaration shall allocate to each unit:
(1) In a condominium, a fraction or percentage of undivided interests in the common
elements and in the common expenses of the association, and a portion of the votes in
the association; (2) in a cooperative, an ownership interest in the association, a fraction
or percentage of the common expenses of the association, and a portion of the votes in
the association; and (3) in a planned community, a fraction or percentage of the common
expenses of the association, and a portion of the votes in the association.
(b) The declaration shall state the formulas used to establish allocations of interests.
Those allocations may not discriminate in favor of units owned by the declarant or an
affiliate of the declarant.
(c) If units may be added to or withdrawn from the common interest community,
the declaration shall state the formulas to be used to reallocate the allocated interests
among all units included in the common interest community after the addition or withdrawal.
(d) The declaration may provide: (1) That different allocations of votes shall be
made to the units on particular matters specified in the declaration; (2) for cumulative
voting only for the purpose of electing members of the executive board; and (3) for class
voting on specified issues affecting the class if necessary to protect valid interests of
the class. A declarant may not use cumulative or class voting for the purpose of evading
any limitation imposed on declarants by this chapter nor may units constitute a class
because they are owned by a declarant.
(e) Except for minor variations due to rounding, the sum of the common expense
liabilities and, in a condominium, the sum of the undivided interests in the common
elements allocated at any time to all the units must each equal one if stated as a fraction
or one hundred per cent if stated as a percentage. In the event of discrepancy between
an allocated interest and the result derived from application of the pertinent formula,
the allocated interest prevails.
(f) In a condominium, the common elements are not subject to partition, and any
purported conveyance, encumbrance, judicial sale or other voluntary or involuntary
transfer of an undivided interest in the common elements made without the unit to which
that interest is allocated is void.
(g) In a cooperative, any purported conveyance, encumbrance, judicial sale or other
voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.
(P.A. 83-474, S. 27, 96.)
Sec. 47-227. Limited common elements. (a) Except for the limited common elements described in subsections (2) and (4) of section 47-221 and except to the extent a
right to allocate a limited common element is reserved pursuant to subsection (c) of this
section, the declaration shall specify to which unit or units each limited common element
is allocated. An allocation may not be altered without the consent of the unit owners
whose units are affected.
(b) Except as the declaration otherwise provides, a limited common element may
be reallocated by an amendment to the declaration executed by the unit owners between
or among whose units the reallocation is made. The persons executing the amendment
shall provide a copy thereof to the association, which shall record it. The amendment
shall be recorded in the names of the parties and the common interest community.
(c) A common element not previously allocated as a limited common element may
be so allocated only pursuant to provisions in the declaration made in accordance with
subdivision (7) of subsection (a) of section 47-224. The allocations shall be made by
amendments to the declaration.
(P.A. 83-474, S. 28, 96.)
Sec. 47-228. Surveys and plans. (a) Surveys and plans are required for condominiums and planned communities, but are not required for cooperatives. Any surveys and
plans are a part of the declaration. Separate surveys and plans are not required by this
chapter if all the information required by this section is contained in either a survey or
plan. Each survey and plan shall be clear and legible and contain a certification that the
survey or plan contains all information required by this section.
(b) Each survey shall show or project: (1) The name and a survey or general schematic map of the entire common interest community; (2) the location and dimensions
of all real property not subject to development rights, or subject only to the development
right to withdraw, and the location and dimensions of all existing improvements within
that real property; (3) a legally sufficient description of any real property subject to
development rights, labeled to identify the rights applicable to each parcel; (4) the extent
of any encroachments by or on any portion of the common interest community; (5) to
the extent feasible, a legally sufficient description of all easements serving or burdening
any portion of the common interest community; (6) except as provided in subsection
(h) of this section, the approximate location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section
and that unit's identifying number; (7) except as provided in subsection (h) of this section, the approximate location with reference to an established datum of any horizontal
unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of
this section and that unit's identifying number; (8) a legally sufficient description of
any real property in which the unit owners will own only an estate for years, labeled as
"leasehold real property"; (9) the distance between noncontiguous parcels of real property comprising the common interest community; (10) the approximate location and
dimensions of any porches, decks, balconies, garages or patios allocated as limited
common elements and show or contain a narrative description of any other limited
common elements; and (11) in the case of real property not subject to development
rights, all other matters customarily shown on land surveys.
(c) A survey may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common interest community.
Any contemplated improvement shown shall be labeled either "MUST BE BUILT" or
"NEED NOT BE BUILT".
(d) Except as provided in subsection (h) of this section, to the extent not shown or
projected on the surveys, plans of the units shall show or project: (1) The approximate
location and dimensions of the vertical boundaries of each unit, and that unit's identifying number; (2) the approximate location of any horizontal unit boundaries, with
reference to an established datum, and that unit's identifying number; and (3) the approximate location of any units in which the declarant has reserved the right to create additional units or common elements identified appropriately.
(e) Unless the declaration provides otherwise, the horizontal boundaries of part of
a unit located outside a building have the same elevation as the horizontal boundaries
of the inside part and need not be depicted on the surveys and plans.
(f) On exercising any development right, the declarant shall record either new surveys and plans necessary to conform to the requirements of subsections (a), (b) and (d)
of this section, or new certifications of surveys and plans previously recorded if those
surveys and plans otherwise conform to the requirements of those subsections.
(g) Any certification of a survey or plan required by this section shall be made by
a licensed surveyor, architect, engineer or landscape architect and such certification
shall be made in accordance with chapter 390, 391 or 396.
(h) Surveys and plans need not show the location and dimensions of the units'
boundaries or their limited common elements if:
(1) The survey shows the location and dimensions of all buildings containing or
comprising the units; and
(2) The declaration includes other information that shows the approximate layout
of the units in those buildings and contains a narrative or graphic description of the
limited common elements allocated to those units.
(P.A. 83-474, S. 29, 96; P.A. 86-218, S. 1; P.A. 95-187, S. 10.)
History: P.A. 86-218 amended Subsec. (g) by replacing "registered" with "licensed", authorizing certification by a
landscape architect, and requiring certification to be made in accordance with chapter 390, 391 or 396; P.A. 95-187 amended
Subsec. (b) to require survey to show "or project" the enumerated items, add in Subdivs. (6) and (7) "except as provided
in subsection (h) of this section" and "approximate" and revise Subdiv. (10) by replacing "the approximate location and
dimensions of limited common elements not shown or projected on plans recorded pursuant to subsection (d), including
porches, balconies and patios, other than parking spaces and the other limited common elements described in subsections
(2) and (4) of section 47-221" with "the approximate location and dimensions of any porches, decks, balconies, garages
or patios allocated as limited common elements and show or contain a narrative description of any other limited common
elements", amended Subsec. (d) to add "Except as provided in subsection (h) of this section," add in Subdiv. (1) "approximate", add in Subdivs. (2) and (3) "the approximate location" and delete Subdiv. (4) re the approximate location and
dimensions of limited common elements and added Subsec. (h) re when surveys and plans need not show the location and
dimensions of the units' boundaries or their limited common elements.
Trial court finding affirmed that defendant failed to reserve developmental rights in accordance with section because
amended surveys were illegible and did not contain information that sufficiently described the property. 58 CA 217.
Subsec. (e):
Cited. 207 C. 441, 452.
Sec. 47-229. Exercise of development rights. (a) To exercise any development
right reserved under subdivision (8) of subsection (a) of section 47-224, the declarant
shall prepare, execute and record an amendment to the declaration and in a condominium
or planned community comply with section 47-228. The declarant is the unit owner of
any units thereby created. The amendment to the declaration shall assign an identifying
number to each new unit created, and, except in the case of subdivision or conversion
of units described in subsection (b) of this section, reallocate the allocated interests
among all units. The amendment shall describe any common elements and any limited
common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by section 47-227.
(b) Development rights may be reserved within any real property added to the common interest community if the amendment adding that real property includes all matters
required by section 47-224 or 47-225, as the case may be, and, in a condominium or
planned community, the surveys and plans include all matters required by section 47-228. This provision does not extend the time limit on the exercise of development rights
imposed by the declaration pursuant to subdivision (8) of subsection (a) of section
47-224.
(c) Whenever a declarant exercises a development right to subdivide or convert a
unit previously created into additional units, common elements or both: (1) If the declarant converts the unit entirely to common elements, the amendment to the declaration
shall reallocate all the allocated interests of that unit among the other units as if that unit
had been taken by eminent domain; and (2) if the declarant subdivides the unit into two
or more units, whether or not any part of the unit is converted into common elements,
the amendment to the declaration shall reallocate all the allocated interests of the unit
among the units created by the subdivision in any reasonable manner prescribed by the
declarant.
(d) If the declaration provides, pursuant to subdivision (8) of subsection (a) of section 47-224, that all or a portion of the real property is subject to a right of withdrawal:
(1) If all the real property is subject to withdrawal, and the declaration does not describe
separate portions of real property subject to that right, none of the real property may be
withdrawn after a unit has been conveyed to a purchaser; and (2) if any portion is subject
to withdrawal, it may not be withdrawn after a unit in that portion has been conveyed
to a purchaser.
(e) If a declarant fails to exercise any development right within the time limit described in the declaration pursuant to subdivision (8) of subsection (a) of section 47-224 and in accordance with any conditions or limitations described in the declaration
pursuant to subdivision (10) of said subsection, or records an instrument surrendering
a development right, that development right shall lapse.
(P.A. 83-474, S. 30, 96; P.A. 84-472, S. 10, 23.)
History: P.A. 84-472 amended Subsec. (e) to provide that a development right shall lapse if a declarant records an
instrument surrendering it.
Sec. 47-230. Alterations of units. Subject to the provisions of the declaration and
other provisions of law, a unit owner:
(1) May make any improvements or alterations to his unit that do not impair the
structural integrity or mechanical systems or lessen the support of any portion of the
common interest community;
(2) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the common interest community, without permission of the association;
(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may
remove or alter any intervening partition or create apertures therein, even if the partition
in whole or in part is a common element, if those acts do not impair the structural integrity
or mechanical systems or lessen the support of any portion of the common interest
community. Removal of partitions or creation of apertures under this subsection is not
an alteration of boundaries.
(P.A. 83-474, S. 31, 96.)
Cited. 207 C. 441, 452.
Subdiv. (3):
Cited. 207 C. 441, 452.
Sec. 47-231. Relocation of unit boundaries. (a) Subject to the provisions of the
declaration and any provisions of law, the boundaries between adjoining units may be
relocated by an amendment to the declaration on application to the association by the
owners of those units. If the owners of the adjoining units have specified a reallocation
between their units of their allocated interests, the application shall state the proposed
reallocations. Unless the executive board determines, within thirty days after receipt of
the application, that the reallocations are unreasonable, the association shall consent to
the reallocation and prepare an amendment that identifies the units involved, states the
reallocations and indicates the association's consent. The amendment shall be executed
by those unit owners, contain words of conveyance between them, and, on recordation,
be indexed in the name of the grantor and the grantee, and in the grantee's index in the
name of the association.
(b) Subject to the provisions of the declaration and other provisions of law, boundaries between units and common elements may be relocated to incorporate common
elements within a unit by an amendment to the declaration upon application to the
association by the owner of the unit who proposes to relocate a boundary. Unless the
declaration provides otherwise, the amendment may be approved only if persons entitled
to cast at least sixty-seven per cent of the votes in the association, including sixty-seven
per cent of the votes allocated to units not owned by the declarant, agree to the action.
The amendment may describe any fees or charges payable by the owner of the affected
unit in connection with the boundary relocation and the fees and charges are assets of
the association. The amendment must be executed by the unit owner of the unit whose
boundary is being relocated and by the association, contain words of conveyance between them and on recordation be indexed in the name of the unit owner and the association as grantor or grantee, as appropriate.
(c) The association (1) in a condominium or planned community shall prepare and
record surveys or plans necessary to show the altered boundaries of affected units, and
their dimensions and identifying numbers, and (2) in a cooperative shall prepare and
record amendments to the declaration, including any plans necessary to show or describe
the altered boundaries of affected units, and their dimensions and identifying numbers.
(P.A. 83-474, S. 32, 96; P.A. 95-187, S. 11.)
History: P.A. 95-187 added new Subsec. (b) re relocation of boundaries between units and common elements and
procedure therefor, redesignating former Subsec. (b) as Subsec. (c), and amended Subsec. (c) to replace "altered boundaries
between adjoining units" with "altered boundaries of affected units" where appearing.
Cited. 207 C. 441, 452.