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