Location:
CONDOMINIUMS;
Scope:
Connecticut laws/regulations; Background;

OLR Research Report


July 20, 2012

 

2012-R-0315

APPLICABILITY OF COMMON INTEREST OWNERSHIP ACT

By: James Orlando, Associate Analyst

You asked for a list of provisions in the Common Interest Ownership Act (CIOA) that apply to common interest communities created before 1984.

SUMMARY

CIOA generally applies to common interest communities (such as cooperatives and condominiums) created since 1984. However, many provisions of CIOA also apply to older common interest communities. These include, among other things, provisions concerning association powers; budgets and assessments; meeting and voting requirements; insurance; and dispute resolution. Pre-1984 communities may also choose to be governed by CIOA.

APPLICABILITY OF CIOA TO COMMUNITIES FORMED BEFORE 1984

CIOA generally governs the creation, alteration, management, termination, and sale of common interest communities (CGS 47-200 et seq.). It generally applies to common interest communities formed in Connecticut on or after January 1, 1984 (CGS 47-214). But some CIOA provisions, to the extent necessary to construe them, also apply to most common interest communities created in Connecticut before January 1, 1984 (CGS 47-216). These provisions generally apply to such older communities only with respect to events and circumstances occurring after January 1, 1984, and do not invalidate existing provisions of such communities' declarations, bylaws, surveys, or plans. Table 1 lists these provisions.

Table 1: CIOA Provisions That Apply to Pre-1984 Common Interest Communities

Statute

(CGS )

Subject Matter

47-202

Definitions

47-204

Separate titles and taxation, recording of certificate by cooperative, and conveyance of interest in cooperative

47-205

Applicability of local land use laws to building conversions

47-206

Eminent domain

47-210

Unconscionable contracts, including leases that are presumed to be unconscionable

47-218

Amendments to governing instruments by pre-1984 communities

47-221 and -223

Description of units and unit boundaries

47-222

Interpretation and validity of bylaws, declaration, and rules; marketability of title; and recording surveys and plans

47-225(b) to (d)

Certain provisions relating to leaseholds

47-236(b), (d), (i), and (j)

Certain provisions relating to amendments to declarations or bylaws

47-237

Termination of common interest communities

47-240

Merger or consolidation

47-244

Association powers

47-245(f)

Election of the executive board and officers

47-250, -261b

Meetings and rules

47-251 and -252

Voting and quorums

47-253

Liability

47-255

Insurance

47-257 and -258

Assessments, including liens for assessments

47-260

Association records

47-261c

Notice to unit owners

47-261d

Removal of officers and directors

47-261e

Budgets, special assessments, and loan agreements

47-270

Resale of units

47-278

Statutory right of action and other methods to resolve disputes

The law exempts certain types of common interest communities from most or all requirements of CIOA, such as non-residential communities (see CGS 47-215 and -217)).

PRE-1984 COMMUNITIES MAY CHOOSE TO BE GOVERNED BY CIOA

CIOA allows common interest communities created before January 1, 1984 to amend their declaration, bylaws, or surveys and plans to achieve any result CIOA permits regardless of what the applicable law provided before January 1, 1984. Such amendments must generally be adopted in conformity with procedures and requirements specified by the community's instruments or, if there are none, in conformity with CIOA (additional provisions apply in certain situations) (CGS 47-218).

Pre-1984 common interest communities formed by a special act of the legislature are exempt from CIOA, unless a majority of unit owners vote, in conformity with applicable law, to subject the community to CIOA. In that case, CIOA applies to the community in the same manner as it applies to other pre-1984 communities, as described above (CGS 47-217).

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