Connecticut HOA Laws

Condominium and homeowners associations in Connecticut must adhere to the laws in their state. But, what are the Connecticut HOA laws you should know?

How to Establish an HOA in Connecticut

To form a common interest community in Connecticut, associations must create a declaration and community rules. These documents must be filed in the government office where every portion of the community is located. A community’s declaration must consist of several items, including but not limited to:

• Unit descriptions
• Common element descriptions
• Interest allocations per unit
• Unit sale restrictions

Connecticut Condominium Act of 1976

The Connecticut Condominium Act of 1976 controls the creation, management, authority, and operation of condominium associations established prior to January 1, 1984. You will find this Act within the Connecticut General Statutes.

Connecticut General Statutes Sections 47-68a to 47-90g

• Title. Definitions.
• Short title: Condominium Act of 1976. Definitions.
• Applicability of chapter.
• Declaration. Covenants, easements and liens on conveyances limited.
• Amendment of declaration or bylaws.
• Recording of declaration and other instruments.
• Expansion of condominiums.
• Public offering statement.
• Deeds of units. Leases.
• Unit as real property.
• Boundaries, encroachments and easements.
• Rights of unit owners.
• Board of directors of unit owners association. Election by unit owners other than declarant; when. Declarant to relinquish control; when.
• Limitation on grants, reservations and contracts made by declarant or declarant-controlled association.
• Declarant not to retain ownership interest in recreational facilities.
• Architect’s or engineer’s certificate required. Declarant’s certificate. Escrow account.
• Implied warranties.
• Nonbinding reservation agreements. Cancellation.
• Obligations of unit owners. Limit on liability of unit owner.
• Resale of unit by person other than declarant.
• Allocation of profits and expenses.
• Assessment of common expenses. Liens and foreclosure.
• Owner may not exempt himself from liability.
• Collection of taxes and assessments.
• Bylaws.
• Powers of unit owners’ association.
• Accounting records. Availability of records. Loan disclosure and comments. Audit.
• Liens against units.
• Insurance.
• Repairs.
• Actions between unit owners.
• Owners, tenants and employees bound by chapter.
• Liability for mortgages, liens and assessments on conveyance of unit.
• Removal of property from application of chapter. Resubmission of property.
• Consolidation of condominiums.
• Conversion condominiums: Requirements for conversion.
• Separate heating plants required, when.
• Reimbursement for moving and relocation expenses.
• Reserves for capital expenditures.
• Applicability of tenants’ rights and protections.
• Right of action for aggrieved tenant of conversion condominium. Remedies.
• Incorporation; appeal from board of tax review.
• Misrepresentations in public offering statements; remedies.
• Public offering statement not required, when.
• Effective date and applicability of chapter.
• Reserved.
• Member of board of directors or officer not subject to criminal liability re special assessment for code compliance repairs.

Connecticut Common Interest Ownership Act

The Connecticut Common Interest Ownership Act oversees the formation, alteration, termination, sale, and management of common interest communities established after January 1, 1984. This includes homeowners associations, condominiums, and cooperatives. Some sections of this Act also apply to communities established prior to January 1, 1984.

You can find this Act within Conn. Gen. Stat. Sections 47-200 through 47-299.

Part I – General Provisions And Applicability

• Short title: Common Interest Ownership Act.
• Applicability of chapter.
• Definitions.
• Variation by agreement and waiver of rights prohibited. Exceptions.
• Separate titles and taxation. Recording of certificate by cooperative. Conveyance of interest in cooperative.
• Applicability of real property use laws to conversion of buildings to common interest ownership.
• Eminent domain.
• Supplemental general principles of law applicable.
• Construction against implicit repeal.
• Severability.
• Unconscionable contracts or contract clauses. Leases involving land or facilities in residential common interest communities that are presumed to be unconscionable.
• Obligation of good faith.
• Remedies to be liberally administered.
• Adjustment of dollar amount.
• Relationship of chapter to Electronic Signatures in Global and National Commerce Act.
• Applicability of chapter and amendments thereto to common interest communities.
• Applicability to Nonresidential, mixed use and small common interest communities, limited expense Applicability to liability planned communities and common interest communities with a conversion building.
• Applicability to Preexisting common interest communities.
• Exception for certain preexisting common interest communities.
• Applicability to amendments to governing instruments.
• Applicability to out-of-state common interest communities.
• Arrangements re real property costs. Separate common interest community not created thereby.
• Exemption re covenant to share costs or other obligations.

Part II – Creation, Alteration And Termination Of Common Interest Communities

• Creation of common interest community.
• Unit boundaries.
• Construction and validity of declaration, bylaws and rules. Marketability of title. Recording of surveys or plans.
• Description of unit.
• Contents of declaration.
• Leasehold common interest communities.
• Allocation of interests.
• Limited common elements.
• Surveys and plans.
• Exercise of development rights.
• Alterations of units.
• Display of object on entry door or entry door frame which is motivated by observance of religious practice or belief. Restrictions.
• Relocation of unit boundaries.
• Subdivision of units.
• Monuments as boundaries.
• Use for sales purposes.
• Easement and use rights.
• Amendment of declaration or bylaws.
• Termination of common interest community.
• Rights of secured lenders.
• Master associations.
• Termination and dissolution of master association. Establishment of nonstock corporation.
• Merger or consolidation of common interest communities.
• Addition of unspecified real property.
• Master planned communities.
• Addition of land or units to limited equity cooperative.

Part III – Management Of Common Interest Communities

• Organization of unit owners’ association.
• Powers and duties of unit owners’ association.
• Unincorporated unit owners’ association’s statutory agent for service.
• Service of process on statutory agent.
• Executive board members and officers. Duties. Period of declarant control: Delivery of property and documents by declarant; current financial statement. Prohibitions re elections of executive board members.
• Transfer of special declarant rights. Obligations and liabilities.
• Termination of contracts and leases.
• Bylaws.
• Upkeep of common interest community. Liability for expenses.
• Meetings. Rules.
• Quorum.
• Voting. Proxies. Ballots.
• Liability.
• Conveyance or encumbrance of common elements.
• Insurance.
• Surplus funds.
• Assessments for common expenses. Assessments due to wilful misconduct, failure to comply with standards or gross negligence.
• Lien for assessments and other sums due association. Enforcements.
• Other liens.
• Association records. Copies. Fees.
• Association as trustee.
• Basic education program for association members and management.
• Rules.
• Notice to unit owners.
• Removal of officers and directors.
• Adoption of budgets. Special assessments. Loan agreements.
• Litigation involving declarant.

Part IV – Protection Of Purchasers

• Applicability of part. Exceptions to requirement of public offering statement or resale certificate.
• Public offering statement requirements. Liability.
• Public offering statement. General provisions and requirements.
• Requirements for public offering statement when community is subject to development rights.
• Requirements for public offering statement when ownership or occupancy is by time shares.
• Requirements for public offering statement when community contains conversion building.
• Requirements for public offering statement when interest in community is security.
• Purchaser’s right to cancel.
• Resales of units.
• Escrow of deposits. Distribution of interest.
• Release of liens.
• Rights of tenants in conversion buildings.
• Express warranties of quality.
• Implied warranties of quality.
• Exclusion or modification of implied warranties of quality.
• Action for breach of warranty. Statute of limitations.
• Cause of action to enforce chapter, declaration or bylaws. Attorney’s fees and costs. Alternative dispute resolution. Hearings before executive board.
• Labeling of promotional material.
• Declarant’s obligation to complete and restore.
• Substantial completion of units required.

Part V – Common Interest Communities Containing Conversion Buildings

• Statement of policy.
• Definitions.
• Conversion tenant’s right to conversion notice and public offering statement.
• Conversion tenant’s right to purchase converted unit.
• Conversion tenant’s right to terminate lease and abandon unit.
• Conversion tenant’s right to relocation payment.
• Registration of common interest community. Notice to Department of Housing.
• Rent increases of conversion tenants.
• Eviction of conversion tenants.
• Unenforceable lease provisions.
• Tenant’s cause of action.
• Applicability of protection afforded conversion tenants.
• Complaints of violations. Investigations. Enforcement action by Attorney General.
• Regulations.
• Reserved

Connecticut HOA Laws on Corporate Governance

When it comes to corporate procedure and structure, associations should look to the Connecticut Revised Nonstock Corporation Act. This Act governs nonstock corporations, which a majority of condominium and homeowners associations fall under. It consists of 15 parts, each one divided further into sections.

• General Provisions – Sections 33-1000 through 33-1018 to 33-1024
• Incorporation – Sections 33-1025 through 33-1032 to 33-1034
• Purposes And Powers – Sections 33-1035 through 33-1039 to 33-1044
• Name – Sections 33-1045 through 33-1048 and 33-1049
• Office And Agent – Sections 33-1050 through 33-1054
• Members – Sections 33-1055 through 33-1079
• Directors And Officers – Sections 33-1080 through 33-1132 to 33-1139
• Amendment Of Certificate Of Incorporation And Bylaws – Sections 33-1140 through 33-1153 and 33-1154
• Merger – Sections 33-1155 through 33-1160 to 33-1164
• Sale Of Assets – Sections 33-1165 through 33-1167 to 33-1169
• Dissolution – Sections 33-1170 through 33-1194 to 33-1199
• Specially Chartered Corporations – Sections 33-1200 through 33-1206 to 33-1209
• Foreign Corporations – Sections 33-1210 through 33-1228 to 33-1234
• Records And Reports – Sections 33-1235 through 33-1246 to 33-1284
• Miscellaneous Provisions – Sections 33-1285 through 33-1291 to 33-1330

Connecticut HOA Laws on Special Assessment Limits

According to Section 47-261e of the Connecticut General Statutes, homeowners associations have the power to propose special assessments. But, for any assessment exceeding 15 percent of the previous year’s budget, the HOA board will require approval from the membership. The vote must take place at a meeting where there is a quorum.

The board must notify homeowners of the meeting at least 10 days but not more than 60 days prior to the meeting. This same stipulation applies if the board adopts a special assessment that does not require approval.

Connecticut HOA Laws on Association Records

Members have a right to request and inspect associations records as stipulated in Conn. Gen. Stat. Section 47-260. Association records include but are not limited to the following:

• Records relating to reserve accounts
• Minutes of all meetings except ones held in executive session
• Membership lists
• The association’s governing documents
• Financial statements for the past three years
• Tax returns for the past three years
• The most recent annual report
• Copies of contracts currently in effect

Fair Housing and Discrimination

In terms of Fair Housing HOA laws in Connecticut, associations must check the Connecticut Human Rights and Opportunities Law. Under this law, associations can’t discriminate against persons based on their race, color, ancestry, national origin, creed, sex, gender identity, gender expression, age, marital status, familial status, veteran status, or source of income. This relates to discrimination when it comes to housing opportunities and works similarly to the federal Fair Housing Act.

Section 46a-64 of the Connecticut Human Rights and Opportunities Law also provides protection against discriminatory public accommodations practices. It applies mostly to the common areas of a community and works similarly to the Americans with Disabilities Act.