PA 17-224—HB 7305
AN ACT CONCERNING REVISIONS TO VARIOUS PROVISIONS OF THE GENERAL STATUTES
SUMMARY: The Common Interest Ownership Act (CIOA) allows unit owner associations of common interest communities to adopt rules apart from their declarations and bylaws. This act narrows CIOA's definition of “rule” and clarifies the permissible scope of such rules.
Prior law provided that the rules governed the conduct of individuals or entities or the use or appearance of property. The act instead specifies that the rules regulate (1) conduct occurring within the common interest community or (2) the use, maintenance, repair, replacement, modification, or appearance of the common interest community.
Under existing law, unchanged by the act:
1. common interest communities must follow certain procedural requirements when adopting rules,
2. there are certain limits on matters that may be adopted as rules, and
3. an association's internal business operating procedures need not be adopted as rules (CGS § 47-261b) (see BACKGROUND, Related Case).
The act also makes technical changes to the Connecticut Uniform Power of Attorney Act and a law on tax exemptions for open space land.
EFFECTIVE DATE: October 1, 2017
Common Interest Ownership Act
CIOA governs condominiums and other common interest communities formed in Connecticut on and after January 1, 1984 (CGS § 47-200 et seq.). Certain CIOA provisions (including its definitions) also apply to common interest communities created in Connecticut before January 1, 1984 but do not invalidate provisions of the communities' governing instruments in existence on that date. Common interest communities created before that date can amend their governing instruments to conform to portions of CIOA that do not automatically apply (CGS §§ 47-214, -216 and -218).
In a 2016 case, the state Supreme Court held that a common interest community's standard foreclosure policy was a “rule” within the meaning of the existing CIOA definition rather than an internal business operating procedure, and thus its adoption was subject to CIOA's procedural requirements for rules (Neighborhood Association, Inc. v. Limberger, 321 Conn. 29 (2016)).