section # old law new law › ... › cioa › cioa_chart_steveberg.pdf · 2018-04-02 · section #...

Section # Old Law New Law

Public Act No. 09-225

47-202 Definitions

47-202(3) Term not previously defined “Assessment” means the sums attributable toa unit and due to the association pursuant tosection 47-257

47-202(5) Term not previously defined “Bylaws” means the instruments, howeverdenominated, that contain the procedures forconduct of the affairs of the associationregardless of the form in which theassociation is organized, including anyamendments to the instruments.

47-202 (7)now(9)(E)

Added to previous provision (Bold print

represents language added to original

provision) *

Common interest community...with respect towhich a person, by virtue of his ownership ofa unit, is obligated to pay for a share of (A)real property taxes on, (b)insurance premiumson (C)maintenance of, (D)improvements of

47-202(7)now (9) (E)

Added to previous provision* or (E) services or other expenses related tocommon elements, other units or.. anyother real property other than that unitdescribed in the declaration.

Added to previous provision* Common Interest Community does notinclude an arrangement described inSection 8 or 9 of this act. For purposes ofthis subdivision “ownership of a unit”includes holding a leasehold interest of 40years or more in a unit, including renewaloptions.

47-202 (22)now(24)

Added to previous provision * The definition of “person” was expanded toinclude public corporation, instrumentalityor any other legal...

47-202 (29) Term not previously defined “Record”,used as a noun, means informationthat is inscribed on a tangible medium or thatis stored in an electronic or other medium andis retrievable in perceivable form.

47-202 (31) Term not previously defined “Rule” means a policy, guideline, restriction,procedure or regulation of an association,however denominated, which is adopted byan association pursuant to section 35 of thisact, which is not set forth in the declaration orbylaws and which governs the conduct of thepersons or use or appearance of the property.

Copyright Steven G. Berg 2009 of 29

Section #

Old Law New Law

47-202 (29)new (33) (H)

Added to previous provision “Special declarant rights” added- Controlany construction, design review oraesthetic standards committee or process;

47-202 (29)now (33) (I)

Added to previous provision “Special declarant rights” added- (I) attendmeetings of the unit owners and, exceptduring an executive session, the executiveboard; or

47-202 (29)now (33) (J)

Added to previous provision “Special declarant rights” added- (J) haveaccess to the records to the records of theassociation to the same extent as a unitowner.

SECTION 2 NEW

Section 2(NEW)

NEW Chapter 828 of the general statutes, asamended by is act, and sections 8,9 and 34 to38, inclusive, of this act, modify, limit andsupercede the federal Electronic Signaturesin Global and National Commerce Act, 15USC 7001, et esq., but not to modify, limit orsupercede Section101 (c) of that act, 15USC7001(c), or authorize electronic delivery ofany of the notices described in Section 103(b)of that act, 15 USC 7003(b).

47-214 Applicability of chapter & amendment thereto common interest communities

Section 3 47-214

Added to previous provision* Amendments to this chapter apply to allcommon interest communities created afterJanuary 1, 1984, or subjected to this chapter,by amendment of the declaration of thecommon interest community, regardless ofwhen the amendment is adopted.

47-215 Applic. to nonresidential., mixed use and small common interest communities

47-215 (a) (1) (A)

Added to previous provision * ...common interest community containing aconversion building: (1) If a common interestcommunity contains only units restrictedexclusively to nonresidential use.

47-215 (a)(1)(B)

Added to previous provision * The declaration of such a common interestcommunity may provide that this entirechapter applies to the community, that onlythis part and part of II of this chapter applyor that only sections 47-204, as amended bythis act,....


Section #

Old Law New Law

47-218 Applicability to amendments to governing instruments

47-218 (b) Added to previous provision * Except as otherwise provided insubsections (I) and (j) of section 47-236, asamended by this act, an amendment to thedeclaration, bylaws or surveys and plans....

47-219 Applicability to out of state Common Interest Communities

47-219 Added to previous provision * This chapter does not apply to commoninterest communities or communities locatedoutside this state, but the public offeringstatement provisions, ...apply to all contractsfor the disposition (thereof) of a unit in thatcommon interest community signed in thisstate by any party following an offer made inthis state...

SECTION 8 NEW

Section 8(a) (NEW)

NEW An arrangement between the associationsfor two or more common interest communitiesto share the costs of real property taxes,insurance, premiums, services, maintenanceor improvements of real property or otheractivities specified in their arrangement ordeclarations does not create a separatecommon interest community.

Section 8(b) (NEW)

NEW An arrangement between an association andan owner of real property that is not part of acommon interest community to share thecosts of real property taxes, insurancepremiums,...does not create a separatecommon interest community, except thatassessments against the units in the commoninterest community require the arrangementmust be included in the periodic budget forthe common interest community, and thearrangement must be disclosed in all publicoffering statements and resale certificatesrequired by chapter 828 of the generalstatutes, as amended by this act, andsections 9 and 34-38, inclusive of this act.



SECTION 9 NEW

Section 9(NEW)

NEW A covenant that requires the owners of twelveor fewer separately owned parcels of realproperty to share costs or other obligationsassociated with a party wall, driveway, well,septic system or other similar use does notcreate a common interest community unless adeclaration otherwise provides.

Section 47-225 Leasehold Common Interest Communities

47-225 (e)(NEW)

NEW A lease satisfying the description in subsection(a) of this section is not subject to sections47a-1 to 47a-20e, inclusive.

Section 47-226 Allocation of Interests

47-226 (h)(NEW)

NEW In a planned community created after January1, 1984, unless the declaration provides for adifferent allocation permitted under thischapter, the common expenses of theassociation and the votes in the associationare allocated equally among the units.

Section 47-235 Easement Rights

47-235 (c) Added to previous provision * Subject to the declaration and rules, theunit owners have a right to use the commonelements and all real property that mustbecome common elements for all appropriatepurposes.

Section 47-236 Amendment of Declaration

47-236(d) Added to previous provision * Except in the case of the exercise ofdevelopment rights pursuant to section 47-229 or to the extent otherwise expresslypermitted or required by other provisions ofthis chapter, with respect to a commoninterest community, whether createdbefore, on or after 1 1-84, no amendmentmay create or increase special declarantrights, increase the number of units or changethe boundaries of any unit or the allocatedinterests of a unit, in the absence ofunanimous consent of the unit owners.



47-236 (i) Added to previous provision Adds the following to end of (i):Notwithstanding any provision of this section,an amendment to the declaration that affectsthe priority of a holder’s security interest, otherthan an amendment regarding the priority ofthe association’s lien authorized by section 47-258, as amended by this act, or the ability ofthat holder to foreclose its security interestmay not be adopted without that holder’sconsent in a record if the declaration requiresthat consent as a condition to theeffectiveness of the amendment.

47-236(a) (1) By vote or agreement of unit ownersof units at which at least 67% of thevotes of the association are allocated,or any larger majority the declarationspecifies.

By vote or agreement of the unit owners towhich at least 67% of the votes in theassociation are allocated, unless thedeclaration specifies either a largerpercentage or a smaller percentage, bu notless than a majority, for all amendments or forspecific subjects of amendment;

47-236(a) (2) Added to previous provision

(a)(2) The declaration may provide that allamendments or specific subjects ofamendment may be approved by the unitowners of the units having any of thepercentages of the votes, as approved insubdivision(1) of this subsection, of a specificgroup of units that would be affected by theamendment, rather than all of the units in thecommon interest community; or

47-236(f) Changed wording of previousprovision

Originally stated: (By vote oragreement of unit owners of units towhich at least 80% of the votes in theassociation are allocated, or anylarger percentage specified in thedeclaration,) an amendment to thedeclaration may prohibit or materiallyrestrict the permitted uses oroccupancy of a unit or the number orother qualifications of persons whomay occupy units...

An amendment to the declaration may prohibitor materially restrict the permitted uses oroccupancy of a unit or the number or otherqualifications of persons who may occupyunits only by vote or agreement of unitowners of units to which at least 80% ofthe votes in the association are allocated,unless the declaration specifies that alarger percentage of unit owners must voteor agree to that amendment or that such anamendment may be approved by the unitowners of the units having at least 80% ofthe votes of a specified group of units thatwould be affected by the amendment.



47-236(g) Changed wording of previous provision

Originally stated:(Written) notice of aproposed amendment to thedeclaration must be delivered to allpersons...

Notice of the proposed amendment to thedeclaration must be delivered in a record toall persons...

47-236 (h) Added to previous provision * Provisions in the declaration creatingspecial declarant rights that have notexpired may not be amended without theconsent of the declarant.

47-236 (i) Added to previous provision * Notwithstanding any provision of thissection, an amendment to the declaration orbylaws that affects the priority of a holder’ssecurity interest, other than an amendmentregarding the priority of the association’slien authorized by section 47-258, asamended by this act, or the ability of thatholder to foreclose its security interest maynot be adopted without the holder’s consentin a record if the declaration requires thatconsent as a condition to the effectivenessof the amendment.

Section 47-237 Termination of Common Interest Community

47-237 (a) Added to previous provision * A common interest community may only beterminate only by agreement of unit ownersto which at least 80% of the votes in theassociation are allocated, or any largerpercentage the declaration specifies, andwith any other approvals required by thedeclaration. The declaration may specify asmaller percentage, but in no event lessthan a majority of the votes in theassociation, only if all of the units arerestricted exclusively to nonresidential use.



47-237 (m) Added to previous provision (m) If substantially all the units in a commoninterest community have been destroyed,abandoned or are uninhabitable and theavailable methods of giving notice underthis act to consider termination will not likelyresult in receipt of the notice, the executiveboard or any interested party maycommence an action in the superior courtseeking to terminate the common interestcommunity. During the pendency of theaction, the court may issue whatever ordersit considers appropriate, includingappointment of a receiver. After a hearing,the court may terminate the commoninterest community or reduce its sizepursuant to this section, notwithstandingthat 80% of the unit owners did not vote oragree to that action, and may issue anyother order the court considers to be in thebest interest of the unit owners and personsholding a property interest in the commoninterest community.

Section 47-241 Addition of Unspecified Real Property

47-241 (h) Added to previous provision (h) The period of declarant control for amaster planned community terminates inaccordance with any conditions specified inthe declaration or otherwise at the time thedeclarant, in a recorded instrument andafter giving notice in a record to all unitowners, voluntarily surrenders all rights tocontrol the activities of the association.

Section 47-243 Organization of Unit Owners’ Association

47-243 Added to previous provision * The association shall have an executiveboard.The association shall be organized as abusiness or nonstock corporation, trust,partnership, or unincorporated association.

Section 47-244 Powers of Unit Owners’ Association

47-244 (a) (2) Adopt and amend budgets, forrevenues expenditures and reservesand collect assessments for commonexpenses from unit owners.

Shall adopt and may amend budgets, mayadopt and amend special assessments,may collect assessments for commonexpenses from unit owners and may investfunds of the association.



47-244(a)(14) Assign its right to future income,including the right to receive commonexpense assessments; but only to theextent the declaration expressly soprovides;

Subject to subsection (d) of section 37 ofthis act, may assign its right to futureincome, including the right to receivecommon expense assessments;

47-244 (a)(19) Added to this provision Association may suspend any right orprivilege of a unit owner who fails to pay anassessment, but may not:(A) Deny a unit owner or other occupantaccess to the owner’s unit or its limitedcommon elements;(B) Suspend a unit owner’s right to vote orparticipate in meetings of the association;(C) Prevent a unit owner from seekingelection as a director or officer of theassociation; or(D) Withhold services provided to a unit orunit owner by the association if the effect ofwithholding the service would be toendanger the health, safety or property ofany person.

47-244 (b)(2) Added to this provision Institute litigation or an arbitration,mediation or administrative proceedingagainst any person, except that theassociation shall comply with section 38 ofthis act, if applicable, before instituting anyproceeding described in subsection (a) ofsection 38 of this act in connection withconstruction defects.

47-244 (c) Changed wording of previous provision

Originally stated: Unless otherwisepermitted by the declaration or thischapter, an association may adoptrules and regulations that affect the useor occupancy of units that may be usedfor residential purposes only to a)prevent use of a unit which violatesdeclaration....”

The executive board promptly shall providenotice to the unit owners of any legalproceeding in which the association is aparty other than proceedings involvingenforcement of rules, recovery of unpaidassessments or other sums due theassociation, or defense of the association’slien on a unit in foreclosure actioncommenced by a third party.



Sec. 47-244 (g) Added to previous provision Executive board may determine whether totake enforcement action by exercising theassociation’s power to impose sanctions orcommencing an action for a violation of thedeclaration, bylaws and rules, includingwhether to compromise any claims forunpaid assessments or other claim made byor against it.

Added to previous provision Executive board does not have a duty totake enforcement action if it determines thatunder the facts and circumstancespresented:

Sec. 47-244 (g)(1)

Added to previous provision The association’s legal position does notjustify further legal action

Sec. 47-244(g)(2)

Added to previous provision The covenant, restriction or rule beingenforced is not likely to be construed as,inconsistent with law

Sec. 47-244(g)(3)

Added to previous provision * Although a violation may exist or may haveoccurred, it is not so material as to beobjectionable to a reasonable person or tojustify expending the association’sresources.

Sec. 47-244(19)(4)

Added to previous provision It is not in the association’s best interest topursue an enforcement action.

Sec. 47-244 (h) Added to previous provision Executive board’s decision not to pursueenforcement under one set ofcircumstances does not preventenforcement under another set ofcircumstances, except that the executiveboard may not be arbitrary or capricious intaking enforcement action.

47-245 Exec. Board & Officers. Duties. Ratify Budget. Period Decl. Control. F/S

47-245 (a) Added to previous provision * ...members of the executive board notappointed by a declarant shall exercise thedegree of care and loyalty required of anofficer or director of a corporation organize,and are subject to the conflict of interestrules governing directors and officersunder chapter 602. The standards of careand loyalty described in this sectionapply regardless of the form in which theassociation is organized.



47-245 (b) (3) Added to previous provision * Elect members of the executive board,except that the executive board may fillvacancies in its membership for theunexpired portion of any term or, if earlier,until the next regularly scheduled electionof executive board members

47-245 (c) Changed wording of previous provision

Originally stated: Not withstanding any...as provided in thissubsection.(eliminate old wording)

The executive board shall adopt budgets asprovided in Section 37 of this act.

47-245 (d) Added to previous provision A declarant may voluntarily surrender theright to appoint and remove officers andmembers of the executive board before theperiod ends. In that event, declarant mayrequired, during remainder of the period,specified actions in a recorded document beapproved by the declarant before thebecome effective.

47-245 (f) Added to previous provision * Unless the declaration or bylaws providesfor the election of officers by the unitowners, the executive board shall elect theofficers.

47-245 (g) Changed wording of previous provision

Originally stated: The unit owners, by 2/3vote of all persons present and entitledto vote at any meeting of the unit ownersat which a quorum is present, mayremove any member of the executiveboard with or without cause, other than amember appointed by the declarant.

Changed to: A declaration may provide forthe appointment of specified positions on theexecutive board by either a governmentalsubdivision or agency or a nonstockcorporation exempt from taxation as a publiccharity under 26 USC 501 (c) (3) and 26USC 4940 (d)(2), as from time to timeamended, during or after the period ofdeclarant control. A declaration may alsoprovide a method for filling vacancies inthose specified portions, other than byelection of the unit owners, except that, afterthe period of declarant control, appointedmembers (1) may not compromise more than1/3 of the board, and (2) have no greaterauthority than any other member of theboard.



47-247 Termination of Contracts and Leases of Declarant.

47-247 Added to previous provision* ...the association may terminate withoutpenalty upon not less than 90 days’ noticeto the other party, any of thefollowing:(1)Any management,maintenance, operations or...

47-248 Bylaws

47-248(a)(7)&(8)

Added to previous provision Contain any provision necessary to satisfyrequirements in this chapter or thedeclaration concerning meetings, voting,quorums and other activities of theassociation; and (8) provide for any matterrequired by law of this state other than thischapter, which is not consistent with thischapter, to appear in the bylaws of theorganizations of the same type as theassociation.

47-250 Meeting of Association

47-250 A meeting of the association shall beheld at least once each year. Specialmeetings of the association may becalled by the president.

(a) The following requirements apply to unitowner meetings:

47-250 (a) (1) Added to previous provision An association shall hold a meeting of unitowners annually at a time, date and placestated in or fixed in accordance with thebylaws;

47-250

47-250 a(1)

Changed Wording Original Wording: Notice to be hand-delivered or sent pre-paid by U.S. mail.

Added to previous provision

Notice may be by any means described insection 35 of this act. (Includes any mailing,hand delivery or electronic mailing address)

An association shall hold a meeting of unitowners annually at a time, date and placestated in or fixed in accordance with thebylaws;



47-250(a) (2) Not less than 10 nor more than 60 daysin advance of any meeting, thesecretary or other officer specified inthe bylaws shall cause notice to be handdelivered or sent prepaid by UnitedStates mail to the mailing address ofeach unit or to any other mailingaddress designated in writing by the unitowner.

If the association does not notify unit ownersof a special meeting within 15 days after therequisite number or percentage of unitowners request the secretary to do so, therequesting members may directly notify allthe unit owners of the meeting.

47-250(a) (2) Added to previous provision Only matters described in the meeting noticerequired by subdivision (3) of this subsectionmay be considered at a special meeting;

47-250(a) (3) Not less than 10 nor more than 60 daysin advance of any meeting, thesecretary or other officer specified inthe bylaws shall cause notice to be handdelivered or sent prepaid by UnitedStates mail to the mailing address ofeach unit or to any other mailingaddress designated in writing by the unitowner.

An association shall notify unit owners ofthe time, date and place of each annual andspecial unit owners meeting not less than 10nor more than 60 days before the meetingdate. Notice may be by any means describedin section 35 of this act.

47-250 (a)(4) Added to previous provision Unit owners shall be given a reasonableopportunity at any meeting to commentregarding any matter affecting the commoninterest community or the association

47-250 (a)(5) Added to previous provision The declaration or by-laws may allow formeetings of unit owners to be conducted bytelephonic, video or other conferencingprocess if the alternative process isconsistent with subdivision 7 of subsection(b) of this section.

47-250 (b) Added to previous provision The following requirements apply to meetingsof the executive board and committees of theassociation authorized to act for theassociation.

47-250 (b)(1) Added to previous provision Meetings shall be open to the unit ownersand to a representative designated by anyunit owner except during executive sessions.



Added to previous provision The executive board and those committeesmay hold an executive session only during aregular or special meeting of the executiveboard or a committee.

47-250 (b)(1) Added to previous provision No final vote or action may be taken duringan executive session.

Added to previous provision An executive session may be held only to:(A) Consult with association’s attorneyconcerning legal matters (B) discuss existingor potential litigation or mediation, arbitrationor administrative proceedings (C) discusslabor or personnel matters (D) discusscontracts, leases and other commercialtransactions to purchase or provide goods orservices currently being negotiated, includingthe review of bids or proposals, if prematureknowledge of those matters would placeassociation at a disadvantage; or (E) preventpublic knowledge of the matter to bediscussed if the executive board orcommittee determines that public knowledgewould violate the privacy of any person.

47-250 (b)(2) Added to previous provision For purposes of this section, a gathering ofboard members at which the board membersdo not conduct association business is not ameeting of the executive board. Theexecutive board may not use incidental orsocial gatherings to evade the open meetingrequirements.

47-250 (b)(3) Added to previous provision During and after the period of declarantcontrol the executive board will hold at least 2times a year at the common interestcommunity or at a place convenient to thecommunity unless the bylaws are amendedto vary the location of the meetings.



47-250 (b)(4) Added to previous provision At each executive board meeting, reasonableopportunity will be provided for unit owners tocomment regarding any matter affecting thecommon interest community and theassociation

47-250 (b)(5) Added to previous provision Unless the meeting is included in a schedulegiven to the unit owners or the meeting iscalled to deal with an emergency, thesecretary or other officer specified in thebylaws shall give notice of each executiveboard meeting to each board member and tothe unit owners.

Added to previous provision The notice shall be given at least 5 days priorto the meeting and shall state time, date,place and agenda of the meeting, except thatnotice of a meeting called to adopt, amendore repeal a rule shall be given in accordancewith subsection (a) of section 47-261b, asamended by this act.

47-250 (b)(6) Added to previous provision If any materials are distributed to theexecutive board prior to the meeting, theexecutive board at the same time will makecopies of those materials reasonablyavailable to unit owners, except that theboard need not make available copies ofunapproved minutes or materials that are tobe considered in executive session.

47-250 (b)(7) Added to previous provision Unless prohibited by declaration or bylaws,the executive board may meet by telephonic,video or other conferencing process if (A) themeeting notice states conferencing processto be used and provides informationexplaining how unit owners may participate inthe conference directly or by meeting at acentral location or conference connection;and (b) the process provides all unit ownersthe opportunity to hear or perceive thediscussion and offer comments as providedin section (4) of this subsection.

47-250 (b)(8) Added to previous provision Instead of meeting, the executive board mayact by unanimous consent as documented ina record authenticated by all its members.The secretary shall promptly give notice to allunit owners of any action taken byunanimous consent.



47-250 (b)(9) Added to previous provision Even if an action by the executive board isnot in compliance with this section, it is validunless set aside by a court.Such challenge may not be brought morethan 60 days after the minutes at which theaction was taken are approved or the recordof the action is distributed to unit owners,whichever is later.

47-250 (c) Added to previous provision Meetings of the association shall beconducted in accordance with the mostrecent edition of Robert’s Rules of OrderNewly Revised unless (1) the declaration,bylaws or other law otherwise provides, or (2)two-thirds of the votes allocated to unitowners present at the meeting are cast tosuspend those rules..

47-251 Quorums

47-251 (b) Unless the bylaws specify a largerpercentage, a quorum is deemedpresent throughout any meeting of theexecutive board if persons entitled tocast 50% of the votes on that board arepresent at the beginning of the meeting.

Unless the bylaws specify a larger number, aquorum of the executive board is present forpurposes of determining the validity of anyaction taken at a meeting of the executiveboard only if individuals entitled to cast amajority of the votes on that board arepresent at the time the vote regarding thataction is taken. If a quorum is present when avote is take, the affirmative vote of a majorityof the board members present is the act ofthe executive board unless a greater vote isrequired by the declaration or bylaws.

47-252 Voting at Meetings of Association

47-252 (a) Added to previous provision Unless prohibited or limited by the declarationor bylaws, unit owners may vote at a meetingin person, by a proxy pursuant to subsection(C), when a vote is conducted without ameeting, by electronic or paper ballotpursuant to subsection (d) of this section.

47-252 (b) (2) Added to previous provision At a meeting of unit owners the followingrequirements apply:

Unless a great number or fraction of thevotes in the association is required by thischapter, or other law, or the declaration, amajority of the votes cast is the decision ofthe unit owners.



47-252(c) & (c) (1)

Added to previous provision * Except as otherwise provided in declaration orbylaws, the following requirements apply withrespect to proxy voting:(1) Votes allocated to a unit may be cast pursuantto a directed or undirected proxy duly executedby a unit owner.

47-252(c) (6) Added to previous provision A person may not cast votes representing morethan 15% of the votes in the association pursuantto undirected proxies.

47-252(d) Added to previous provision Unless prohibited or limited by the declaration orbylaws, an association may conduct a votewithout a meeting. In that event the followingrequirements apply:

47-252(d) (1) Added to previous provision The association shall notify the unit owners thatthe vote will be taken by ballot

47-252(d) (2) Added to previous provision The association shall deliver a paper or electronicballot to every unit owner entitled to vote on amatter;

47-252(d) (3) Added to previous provision The ballot must set forth each proposed action oroffice to be filled and provide an opportunity tovote for or against the action or candidate foroffice

47-252(d) (4) Added to previous provision When the association delivers the ballots, it shallalso: (A) Indicate the number of responsesneeded to meet the quorum requirements; (B)state the percentage of votes necessary toapprove each matter other than the election ofdirectors; (C) specify the time and date by which aballot must be delivered to the association to becounted, which time and date may not be fewerthan three days after the association delivers theballot; and (D) describe the time, date andmanner by which unit owners wishing to deliverinformation to all unit owners regarding thesubject of the vote may do so;

47-252(d) (5) Added to previous provision Except as otherwise provided in the bylaws, aballot is not revoked after delivery to theassociation by death or disability or attemptedrevocation by the person that cast the vote

47-252(d) (6) Added to previous provision Approval by ballot pursuant to this section is validonly if the number of votes cast by ballot equalsor exceeds the quorum required to be present atthe meeting authorizing the action.



47-252(g) No votes allocated to a unit ownedby the association may be cast.

Votes allocated to a unit owned by theassociation shall be cast in any vote of the unitowners in the same proportion as the votes caston the matter by the unit owners other than theassociation.

47-252(h) Term not previously defined “fraction or percentage”, with respect to unitowners or the votes in the association means thestated fraction or percentage of unit owners ofunits to which at least the stated percentage orfraction of all the votes in the association areallocated, unless the provisions of this chapter orsaid sections provides that the fraction orpercentage refers to a different group of unitowners or votes.

47-255 Insurance

47-255 (a)(1-3)now (a)(1-4)

Added to previous provision * Commencing not later than the time of the firstconveyance of a unit to a person other than adeclarant, the association shall maintain, to theextent reasonably available and subject toreasonable deductibles: (1) propertyinsurance...(2) flood insurance...(3) commercialgeneral liability insurance (4) fidelity insurance

47-255 (b) Added to previous provision * ...the insurance maintained under subdivision (1)of subsection (a) of the section, to the extentreasonably available, shall include the units, andall improvements and betterments installed byunit owners, unless the declaration limits theassociation’s authority to insure allimprovements and betterments or theexecutive board decides, after giving noticeand an opportunity for unit owners tocomment, not to insure such improvementsand betterments. In the case of commoninterest communities containing more than 12units, unless the association insures allimprovements and betterments, theassociation shall:

47-255 (b)(1) Added to previous provision Prepare and maintain a schedule of the standardfeatures, improvements and betterments in theunits, including any standard wall, floor andceiling coverings covered by the association’sinsurance policy; and



47-255 (b)(2) Added to previous provision Provide such schedule at least annually to theunit owners in order to enable unit owners tocoordinate their homeowners insurance coveragewith the coverage afforded by the association’sinsurance policy; and

47-255 (b)(3) Added to previous provision Include such schedule in any resale certificateprepared pursuant to section 47-270, asamended by this act.

47-257 Assessment for Common Expenses

47-257 (e) Added to previous provision * If any common expense is caused by the willfulmisconduct, failure to comply with a writtenmaintenance standard promulgated by theassociation or gross negligence of any unitowner or tenant or guest or invitee of the unitowner or tenant, the association may, afternotice and hearing, assess the portion of thatcommon expense in excess of any insuranceproceeds received by the association underits insurance policy, whether that portionresults from the application of a deductible orotherwise, exclusively against that owner’s unit.

47-258 Lien for Assessments

47-258 (a) The association has a statutory lienon a unit for any assessment leviedagainst that unit or fines imposedagainst its unit owner.

The association has a statutory lien on a unit forany assessment attributable to that unit or finesimposed against its unit owner.

47-258 (a) Added to previous provision * Unless the declaration otherwise providesreasonable attorneys’ fees and costs, otherfees, charges, fines and interest pursuant tosubdivision (a) of section 47-244 as amended bythis act, and any other sums due to theassociation under the declaration, thischapter, or as a result of an administrative,arbitration, mediation or judicial decision areenforceable in the same manner as unpaidassessments under this section.

47-258 (e) A lien for unpaid assessments isextinguished unless proceedings toenforce the lien are instituted withtwo years...

A lien for unpaid assessments is extinguishedunless proceedings to enforce the lien areinstituted with three years after the full amount ofthe assessment becomes due...



47-258 (m) Added to previous provision An association may not commence an action toforeclose a lien on a unit under this section unless:(1)At the time the action is commenced the unitowner owes at least 2 months of common expenseassessments based on the periodic budgetlast adopted by the association(2) the associationhas made demand for payment in a record (3)theexecutive board either voted to commenceforeclosure specifically against that unit or hasadopted a standard policy that provides forforeclosure against that unit.

47-258 (n) Added to previous provision Every aspect of a foreclosure, sale or otherdisposition under this section, including themethod, advertising, time, date, place and terms,shall be commercially reasonable.

47-260 Association Records. Availability Loan Disclosure And Comments

47-260 Change wording of previousprovision:Original wording: The Associationshall keep financial recordssufficiently detailed to enable theassociation to comply with section47-270. All accounting, financial andother books and records of theassoc., including, but not limited to,minutes of meetings and votingrecords of the executive board, shallbe made reasonably available bythe executive board or a managingagent of the assoc. for examinationand copying by any unit owner, orunit owner’s auth. agent, upon therequest of such owner or agent.

Changed to:

An association shall retain the following:

47-260 (a) (1) Revised wording of provision Detailed records of receipts and expendituresaffecting the operation and administration of theassociation and other appropriate accountingrecords;

47-260 (a)(2) Revised wording of provision Minutes of all meeting of its unit owners andexecutive board other than executive sessions, arecord of all actions taken by unit owners or theexecutive board without a meeting, and a record ofall actions taken by a committee in place of theexecutive board on behalf of the association;



47-260 (a)(3) Revised wording of provision The names of unit owners in a form that permitspreparation of a list of names of all owners and theaddresses at which the association communicateswith them, in alphabetical order showing thenumber of votes each owner is entitled to cast;

47-260 (a)(4) Added to previous provision The association’s original or restatedorganizational documents, if required by law otherthan this chapter, bylaws and all amendments tothem and all rules currently in effect;

47-260 (a)(5) Added to previous provision All financial statements and tax returns of theassociation for the past three years;

47-260 (a)(6) Added to previous provision A list of names and addresses of its currentexecutive board members and officers;

47-260 (a)(7) Added to previous provision The association’s most recent annual reportdelivered to the Secretary of State, if any;

47-260 (a)(8) Added to previous provision Financial and other records sufficiently detailed toenable the association to comply with section 47-270

47-260 (a)(9) Added to previous provision Copies of current contracts to which theassociation is a party;

47-260 (a)(10) Added to previous provision Records of executive board or committee actionsto approve or deny any requests for design orarchitectural approval from unit owners

47-260 (a)(11) Added to previous provision Ballots, proxies and other records related to votingby unit owners for one year after the election,action or vote to which they relate.

47-260 (b) Added to previous provision Subject to subsection (c) and (d) of this section, allrecords retained by an association shall beavailable for examination and copying by a unitowner or owner’s authorized agent.

47-260 (b) (1) Added to previous provision During reasonable business hours or at a mutuallyconvenient time and location; and

47-260 (b) (2) Added to previous provision Upon 5 days notice in a record reasonablyidentifying the specific records of the associationrequested.

47-260 (c) Added to previous provision Records retained by an association shall bewithheld from inspection and copying to the extentthat they concern:

47-260 (c) (1) Added to previous provision Personnel, salary and medical records relating tospecific individuals, unless waived by the personsto whom such records relate; or



47-260 (c) (2) Added to previous provision Information the disclosure of which would violateany law other than this chapter or sect. 8,9 or 34 to38, inclusive, of this act.

47-260 (d) Added to previous provision Records retained by an association may bewithheld from inspection and copying to the extentthat they concern:

47-260 (d) (1) Added to previous provision Contracts, leases and other commercialtransactions to purchase or provide goods orservices, currently being negotiated;

47-260 (d) (2) Added to previous provision Existing potential litigation or mediation, arbitrationor administrative proceedings;

47-260 (d) (3) Added to previous provision Existing or potential matters involving federal, stateor local administrative or other formal proceedingsbefore a governmental tribunal for enforcement ofthe declaration, bylaws or rules;

47-260 (d) (4) Added to previous provision Communication with the association’s attorneywhich are otherwise protected by the attorney-client privilege or the attorney work-productdoctrine;

47-260 (d) (5) Added to previous provision Records of an executive session of the executiveboard; or

47-260 (d) (6) Added to previous provision Individual unit files other than those of therequesting owner.

47-260 (e) Added to previous provision An association may charge a reasonable fee forproviding copies of any records under this sectionand for supervising the unit owner’s inspection.

47-260 (f) Added to previous provision A right to copy records under this section includesthe right to receive copies by photocopying or othermeans, including copies through electronictransmission if available upon request by the unitowner.

47-260 (g) Added to previous provision An association is not obligated to compile orsynthesize information

47-260 (h) Added to previous provision Information provided pursuant to this section maynot be used for commercial purposes.

SECTION 34 NEW

Section 34 (a)(NEW)

NEW At least 10 days before adopting, amending orrepealing any rule, the executive board shall giveall unit owners notice of:



Section 34 (a)(1)(NEW)

NEW Its intention to adopt, amend or repeal a rule andshall provide the text of the rule or the proposedchange.

Section 34 (a)(2)(NEW)

NEW A date on which the executive board will act on theproposed rule or amendment after consideringcomments from unit owners.

Section 34(b)(NEW)

NEW Following adoption, amendment or repeal of a rule,the association shall notify the unit owners of itsaction and provide a copy of any new or revisedrule.

Section34(c)(NEW)

NEW Subject to provisions of declaration, an associationmay adopt rules to establish and enforceconstruction and design criteria and aestheticstandards. There must be procedures forenforcement of rules and approval of constructionapplications. Action must be with in a reasonabletime of application submission and theconsequences of its failure to act.

Section34(d)(NEW)

NEW Rules regulating display of the flag must beconsistent with federal law,

Section34(d)(NEW)

NEW Additionally, association may not prohibit displayon a unit or on a limited common element adjoininga unit, of the flag of this state, or signs regardingcandidates for public or association office or ballotquestions but association may adopt rulesgoverning time, place, size, number and manner ofthose displays.

Section34(e)(NEW)

NEW Unit owners may peacefully assemble on thecommon elements to consider matters related tothe common interest community, but assoc. mayadopt rules governing the time, place, and mannerof those assemblies.

Section34(f)(NEW)

NEW An association may adopt rules that affect the useof or behavior in units that may be used forresidential purposes, only to:

Section34(f)(1)(NEW)

NEW Implement a provision of the declaration;

Section34(f)(2)(NEW)

NEW Regulate any behavior in or occupancy of a unitwhich violates the declaration or adversely affectsthe use and enjoyment of other units or thecommon elements by other unit owners elements



Section34(f)(3)

NEW Restrict the leasing of residential units to the extentthose rules are reasonable designed to meetunderwriting requirements of institutional lendersthat regularly make loans secured by 1 mortgagesst

to common interest communities or regularlypurchase those mortgages, provided no suchrestrictions shall be enforceable unless noticethereof is recorded on the land records of eachtown in which any part of the common interestcommunity is located. Such notice shall be indexedby the town clerk in the grantor index of such landrecords in the name of the association.

Section 34(g) NEW Association’s internal business operatingprocedures need not be adopted as rules.

SECTION 35 NEW

Section 35 (a)(1-4)(NEW)

NEW An association shall deliver any notice required tobe given by the assoc. to any mailing or electronicmail address a unit owner designates, except theassociation may also deliver notices by (1)handdelivery to each unit owner, (2) hand delivery, U.S.mail postage paid, commercially reasonabledelivery service to mailing address of each unitowner, (3) electronic means, if provided by owner,or (4) any other method reasonably calculated toprovide notice to the unit owner.

Section 35(b)(NEW)

NEW Notices required by this act are effective whensent. The ineffectiveness of a good faith effort todeliver notice by an authorized means does notinvalidate action taken at or without a meeting.

SECTION 36 NEW

Section 36 (a)(NEW)

NEW Notwithstanding any provision of the declaration orbylaws to the contrary, unit owners present inperson or by proxy at any meeting of unit owners,at which a quorum is present, or voting by ballot,may remove any member of the executive board orany officer elected by the unit owners, with or without cause, if the number of votes cast in favor ofremoval exceeds the # of votes in oppositionexcept that:

NEW (1)member appointed by declarant may not beremoved by a unit owner during the period ofdeclarant control.



NEW (2) member appointed under subsection (g) ofsection 47-245, as amended by this act, may beremoved only by the persons that appointed thatmember.

NEW (3) unit owners may not consider removal at ameeting unless that subject was listed in the noticeof the meeting or in the notice of the vote by ballot.

Section 36(b)NEW

NEW Member or officer being considered for removalmust have a reasonable opportunity to speakbefore the vote at such meeting.

SECTION 37 NEW

Section 37(a)(NEW)

NEW Executive Board, at least annually, shall adopt aproposed budget for the common interestcommunity for consideration by the unit owners.

NEW Not later than 30 days after adoption of proposedbudget, exec. Board shall provide to all unit ownersa summary of the budget, including any reserves,and a statement of the basis on which anyreserves are calculated and funded.

NEW Simultaneously, board shall set a date not lessthan 10 or more than 60 days after providing thesummary for either a meeting of unit owners or avote by ballot without a meeting to considerapproval of the budget.

NEW If at the meeting or in the vote by ballot, a majorityof all unit owners, or any larger number specified inthe declaration, votes to reject the budget, thebudget is rejected; otherwise the budget isapproved.

NEW The absence of a quorum at such meeting orparticipating in the vote by ballot shall not affectrejection or approval of the budget.

NEW If a proposed budget is rejected, the budget lastapproved by the unit owners continues until unitowners approve a subsequent budget.



Section 37(b)(NEW)

NEW The executive board, at any time, may propose aspecial assessment. Not later than 30 days afteradoption of a proposed assessment, the executiveBoard will provide all unit owners with a summaryof the assessment.

NEW The special assessment is effective withoutapproval of unit owners if, unless the declaration orbylaws provides otherwise, if such specialassessment, together with all other special oremergency assessments proposed in the samecalendar year, do not exceed 15% of theassociation’s last adopted periodic budget for thatcalendar year.

NEW Otherwise, the board shall set a date not less than10 or more than 60 days after providing thesummary for either a meeting or vote by ballot toconsider approval of the special assessment.

NEW If at the meeting or in the vote by ballot, a majorityof all unit owners, or any larger number specified inthe declaration, votes to reject the assessment, theassessment is rejected; otherwise the assessmentis approved.

NEW The absence of a quorum at such meeting orparticipating in the vote by ballot shall not affectrejection or approval of the budget.

Section 37(c)(1-3)(NEW)

NEW If executive board determines by 2/3 vote that thespecial assessment is necessary to respond to anemergency

NEW (1) Special assessment becomes effectiveimmediately in accordance with the terms of thevote.

Section 37(c)(1-3)(NEW)

NEW (2) notice of the emergency assessment must beprovided promptly to all unit owners; and

NEW (3) executive board may spend the funds paid onaccount of the emergency assessment only for thepurposes described in the vote.



SECTION 38 NEW

Section 37(d)(1-2)(NEW)

NEW Notwithstanding any provision of the declaration orbylaws to the contrary, at least 14 days prior toentering any loan agreement on behalf of theassociation, the board shall (1)disclose in a recordto all unit owners the amount and terms of the loanand the estimated effect of such loan on anycommon expense assessments (2) afford unitowners a reasonable opportunity to submitcomments in a record to the executive board.

Section 37(e)(NEW)

NEW Unless prohibited or otherwise limited by thedeclaration, if executive board proposes to enterinto a loan agreement on behalf of the associationand assign its right to future income as security forsuch loan, unit owners of units to which at least amajority of the votes in the association areallocated, or any larger percentage or fractionstated in the declaration, must vote in favor of oragree to such assignment.

Section 38(a)(1-6)(NEW)

NEW The following requirements apply to theassociation’s authority under subdivision (4) ofsubsection (a) of section 47-244 of the generalstatutes, as amended by this act, to institute andmaintain a proceeding alleging a constructiondefect with respect to the common interestcommunity, against a declarant or an employee,independent contractor or other person directly orindirectly providing labor or materials to thedeclarant

Section 38(a)(1-6)(NEW)

NEW (1) Before association institutes such a proceedingit shall provide notice in a record of its claims to thedeclarant and those persons the association seeksto hold liable for the claimed defects. The text mustgive notice of the general nature of theassociation’s claims, including a list of claimeddefects. The notice may be delivered by anyservice and must provide actual notice to anypersons named in the claim.

NEW (2) The association may not institute a proceedingagainst a person until 45 days after the associationsends a notice of its claim to that person.



NEW (3) During the period described, the declarant orother persons given notice may present to theassociation a plan to repair or remedy theconstruction defects.

NEW (4)If the association does not receive a timelyremediation plan or agree to submitted plan it mayinstitute proceedings against the person.

NEW Association must consider promptly those plansand notify person (s) if acceptable.

NEW (5) If an acceptable plan is made, parties shallagree on an implementation period for the plan. Association may not institute proceeding during thetime the plan is being diligently implemented.

NEW (6) Any statute of limitations affecting theassociation’s rights against a declarant or otherperson is tolled during this remediation period orextension of remediation period.

Section 38(b)(NEW)

NEW After the time period described in subdiv.(2) ofsubsection (a) of this section expires, whether ornot the assoc. agrees to any remediation plan, aproceeding may be instituted by(1) assoc. if noticegiven and person failed to submit timelyremediation plan or (2) unit owners.

Section 38(c)(NEW)

NEW This section does not preclude the associationfrom making necessary repairs to mitigatedamages or to correct any defect that poses asignificant and immediate health risk.

Section 38(d)(NEW)

NEW Subject to other provisions of this section, theexecutive board may determine whether and whento institute proceedings.

The Declaration may not require a vote by anynumber or % of unit owners as a condition toinstitution of a proceeding.



Section 38(e)(NEW)

NEW Association can still seek equitable relief.

Section 38(f)(NEW)

NEW If time for termination of any period of declarantcontrol occurs and the declarant fails to complywith subsection (d, f or g) of section 47-245 of genstatutes, as amended, the limitations set forth inthis section of the association’s authority toinstitute litigation shall not apply.

SECTION 41

Section 41.Section 47-270 (a) (7)

Added to previous provision * A statement of any unsatisfied judgments againstthe association and the existence of any pendingsuits or administrative proceedings in which theassociation is a party, including foreclosures butexcluding other collection matters.

Section 41Section 47-270(a) (8)

Added to previous provision * a statement of the insurance coverage provided forthe benefit of unit owners, providing anyschedule of standard fixtures, improvements orbetterments in the units covered by theassociation’s insurance that the associationprepared pursuant to Section (b) of section 47-255, as amended by this act.


Added to previous provision a statement disclosing the number of units whoseowners are at least 60 days delinquent in payingtheir common charges on the date of the statement


Added to previous provision a statement disclosing the number of foreclosureactions brought by the association during the pasttwelve months and the number of actions pendingon a specified date within 60 days of the date ofthe statement; and


Added to previous provision any established maintenance standards adoptedby the association pursuant to subsection (e) ofsection 47-257, as amended by this act.



Section 41Section 47-270(b) (1)

Added to previous provision * Not later than 10 business days after receipt of arequest in a record from a unit owner andpayment by the unit owner of a fee established bythe association that reflects the actual printing,photocopying and related costs, but in no event inexcess of one hundred twenty-five dollars, pluseither five cents for each page of documentcopies provided by the association pursuant tothis section or a flat fee of $10 for an electronicversion of those documents, for the preparationof the certificate and other documents the....


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