Substitute Senate Bill No. 537
Substitute Senate Bill No. 537
SPECIAL ACT NO. 97-16
AN ACT VALIDATING THE SCHEDULE OF INTERESTS FOR
THE FARMINGTON WOODS MASTER ASSOCIATION, INC. AND
AMENDING THE ARTICLES OF INCORPORATION OF LAKE
WINNEMAUG ASSOCIATION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Notwithstanding (1) the provisions
of subsection (d) of section 47-236 of the general
statutes requiring unanimous consent of the unit
owners for a change in allocated interests of a
unit and (2) the allocations attached to the
Amended Declaration of 1990, dated October 24,
1990, and recorded December 17, 1990, at Volume
418, Page 602 of the Farmington Land Records and
at Volume 241, Page 377 of the Avon Land Records,
the Revised Schedules attached to the Affidavit of
Marjorie McDermott, President of Farmington Woods
Master Association, Inc., dated July 30, 1991, and
recorded at Volume 427, Page 850 of the Farmington
Land Records and at Volume 250, Page 458 of the
Avon Land Records, including the allocation of one
equal vote per unit, are deemed to be the Schedule
of Allocated Interests for the Farmington Woods
Master Association, Inc., as of the effective date
of the Amended Declaration of 1990 and the use of
the Revised Schedules, and any assessment levied,
budget approved, vote cast and action taken in
accordance with such allocated interests since
said date, including the amendment dated February
2, 1995 recorded at Volume 494, Page 750 of the
Farmington Land Records and at Volume 304, Page 77
of the Avon Land Records, are validated.
Sec. 2. No use of the Revised Schedules, or
any assessment, budget, vote or action taken as
defined in section 1 of this act shall be
validated if any action, suit or proceeding has
been commenced, or notice of pendency thereof has
been duly recorded on or before the effective date
of this act which challenges the Schedules used
for allocation of interests, except that the use
of the Revised Schedules, and any assessment,
budget, vote or action taken by the Farmington
Woods Master Association, Inc., as defined in
section 1 of this act, are validated as to any
unit owner and mortgagee of the Farmington Woods
Master Association, Inc. who are not individual
parties to any such action, suit or proceeding.
Sec. 3. Notwithstanding the provisions of
chapters 3, 90, 105, 110, and 112 of the general
statutes and sections 12-129d, 12-130, 12-136,
12-144a, 12-145, 12-147, 12-151, and 12-155 to
12-159, inclusive, of the general statutes,
actions of the meetings, boards of directors, tax
collectors and officials of the Farmington Woods
Tax District organized and existing pursuant to
Special Act 86-21 in the calling of meetings,
holding of votes, passage of ordinances, execution
of contracts and agreements, establishment of
budgets, maintenance of records and minutes,
assessment, levy and collection of taxes, issuance
of bonds of indebtedness, and enlargement of
territorial limits, are validated.
Sec. 4. Section 12 of number 606 of the
special acts of 1953, as amended by section 4 of
number 150 of the special acts of 1969, is amended
to read as follows:
At any annual meeting or adjourned annual
meeting of said association, upon notice to all
members of said association by posting a notice on
the signpost provided for under the provisions of
section 11 of this act signed by the president or
by any four members of the governing board, at
least ten days before the date of such meeting,
designating the time and place thereof, the
association may, by a majority vote of the members
present at such meeting, levy a tax on all real
property within the limits of said association
which tax shall be in the same amount for each lot
within said limits. [and shall not exceed ten
dollars per lot.] Any person claiming to be
aggrieved by any such assessment may appeal to the
court of common pleas for Litchfield county in the
manner provided by the general statutes for
appeals from boards of tax review. The tax so
established shall be collected by the treasurer or
by any collector specially appointed by the
governing board for the purpose. Each assessment
so made, with interest thereon, shall be due to
said association from the record owner or owners
of real estate, on the first day of June before
such assessment was made. Written notice of the
rate of such tax and the amount thereof, or of the
assessment apportioned to each member of the
association, shall be sent by the treasurer or
collector to each member of the association within
ten days from the laying of such tax, and such tax
shall be due and payable within thirty days from
the levying of such tax and in the manner stated
therein, and such tax or assessment shall be a
lien upon the property upon which it shall be laid
and may be collected by suit in the name of the
association by foreclosure of such lien. Such lien
may be continued by certificate which shall be
recorded in the land records in the town or towns
in which such land is located, pursuant to the
provisions of the general statutes relating to the
continuance of tax liens. The treasurer or other
collector shall have all the powers of collectors
of town taxes and shall be accountable to the
governing board in the same manner as town
collectors are accountable to selectmen. Such
treasurer or collector may be required to give the
association sufficient surety bonds in such form
as may be determined by the governing board
contingent on the faithful performance of their
respective duties. The cost of such bonds shall be
borne by the association.
Approved June 24, 1997