UNIT OWNER RIGHTS UNDER THE COMMON INTEREST OWNERSHIP ACT
Since January 1, 1984, the Common Interest Ownership Act (the “Act”) has defined the relationship between the condominium homeowners’ association and the unit owners. Condominiums created under the Act are subject to the Act’s provisions, as are many condominiums created prior to the Act.
Many unit owners are not aware of their protections under the Act, which are scattered throughout the Act. Either through ignorance or malfeasance, Association boards have not recognized, or respected these rights. Even professional management companies may not familiar with the provisions. Unfortunately, the unit owners must often bring actions in Superior Court to secure their rights.
The following is a list of some of Act’s sections that specifically relate to unit owners and their rights. Some of the provisions contain limitations or are complex. Unit owners should seek the advice of competent condominium attorneys when they seek to enforce the provisions. condominium law is a specialized legal field. Most attorneys are not well versed in the provisions of the Act.
Section 47-202(2) and (8). Section 47-226. Each unit owner has an allocated share in the ownership of the common elements, an allocated share of the expenses of the condominium, and an allocated vote. These shares determine how much the unit owner pays and voting rights. Unless the declaration provides differently, the Association cannot force a unit owner to to pay more common expenses than those allocated to the unit.
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Section 47-243. Each unit owner is a member of the condominium Association. Usually, the homeowners’ Association is a nonstock Corporation and subject to the Connecticut Nonstock Corporation Act. If there is a conflict between the act and the other law, the Act prevails.
Section 47-221. Each Unit has specifically defined boundaries, which includes specified improvements. Any portion of the property which is not part of a unit is a common element. Some common elements are allocated for the specific and exclusive use of a unit and are called limited common elements. Basically, the unit owner maintains the interior of the unit and the Association maintains the common elements.
Section 47-203. The rights provided by the Act cannot be varied by agreement or waived unless the Act otherwise allows it.
Section 47-211. Every contract or duty covered by the Act imposes an obligation of good faith in its performance or enforcement.
Section 47-212. Any right or obligation that is imposed by the Act is enforceable by judicial proceeding. The court will liberally interpret the remedies provided in the Act, so that the aggrieved party is put in as good a position as if the other party had fully performed.. Some of Section 47-216. Some of the provisions of the Act apply to the common interest communities that were created prior to the January 1, 1984, the date that the Act became effective.
Section 47-220. The Declaration must be recorded on the land records. Amendments to the Declaration must also be recorded.
Section 47-222. The Declaration is the primary condominium document and controls the bylaws and rules. The Act controls the declaration, the bylaws and the rules.
Section 47-224. Except for some very limited exceptions, restrictions on the right to sell or lease the unit must be in the Declaration. Section 27-224.
Section 47-226. The declaration also defines the shares and votes allocated to a unit. The declaration also describes the limited common elements.
Section 47-227. Unless the Declaration provides otherwise, limited common elements are maintained by the Association. The allocation of limited common elements cannot be altered without the consent of the unit owners whose units are affected. An amendment to the Declaration is necessary to reallocate limited common elements.
Section 47-230. If the Declaration and other law allows, a unit owner may make improvements or alterations to the unit that do not impair the structural integrity or mechanical systems of the common elements or lessen the support of any portion of the condominium. A unit owner may not change the appearance of common elements or the exterior appearance of a unit without permission of the Association.
Section 47-230a. The Association cannot prohibit the display of a religious object on an entry door or entry doorframe. The object cannot be dangerous, hinder the opening or closing of the door, violate law, be obscene or offensive, ot be bigger than 25 square inches if attached to the doorframe, or larger than 4 square foot if attached to the door.
Section 47-235. Unit owners have a right of access across the common elements and may use the common elements, except limited common elements, for all appropriate purposes. The Association cannot interfere with the right of access.
Section 47-236. The Declaration can only be amended by a vote of the unit owners, except during development. Any amendment must be recorded on the land records. An amendment is not effective until it is recorded. Normally, 67% of all the votes in the Association are required to amend the declaration. Unit owners can challenge the validity of an amendment adopted under this seciont for a period of one year after the amendment is recorded. Amendments to the declaration that increase the number of units to change the boundaries of any unit or the allocated interest of a unit require unanimous consent of the unit owners. Amendments to the declaration that prohibit or materially restrict the permitted uses or occupancy of a unit or the number or other qualifications of persons who may occupy units require a vote of 80% of all the votes in the Association. Any such amendment must provide reasonable protection for uses or occupanies existing at the time the amendment is adopted.
Section 47-244. Subject to the provisions of the declaration, the Association cannot impose fines for violations of the declaration, bylaws, or rules and regulations of the Association without notice and opportunity to be heard. If a unit owner does not pay an assessment, the Association may suspend rights and privileges of the unit owner. The Association may not deny access to a unit, suspend a unit owner’s right to vote or participate in meetings of the Association, prevent a unit owner from seeking election as a director or officer of the Association, or withhold services to a unit or unit owner if that action would endanger the health, safety or property of any person. The executive board must promptly provide notice to unit owners of any legal proceeding to which the Association is a party, except for enforcement of rules, recovery of unpaid assessments, or defense of the Association’s lien.
Section 47-245. The executive board may not:
a. Amend the declaration;
b. Terminate the condominium;
c. Elect members of the executive board. (The executive board may temporarily fill vacancies in his membership for the unexpired portion of any term or, if earlier, until the next regularly scheduled election of executive board members.);
d. Determine qualifications, powers and duties, or terms of office of executive board members.
A management company or manager cannot campaign or any person seeking election as an executive board member.
Section 47-249. The Association is ordinarily responsible for the maintenance, repair and replacement of the common elements. Each unit owner is ordinarily responsible for the maintenance, repair, replacement of the units. The Association and other unit owners have a right of access through a unit to maintain, repair or replace the common elements. If the unit is damaged during access, it must be repaired by the person who had called on access.
Section 47-250. Twenty per cent of the owners may request that the secretary called a special unit owner meeting. If the Association does not notify unit owners of a special meeting within 15 days after the request, the requesting members may notify the unit owners of a meeting. At a special meeting, only matters contained in the notice of the meeting may be considered. The Association must notify unit owners of the time, date and place of each annual and special meeting of unit owners. The notice must be given not less than 10 days or more than 60 days before the meeting date. The notice must state the items on the agenda. If a amendment is proposed to the declaration or bylaws, the notice must include a statement of the general nature of the proposed amendment. The notice must also contain any budget changes, and any proposal to remove an officer or member of the executive board.
Unit owners must be given a reasonable opportunity at a unit owner meeting to comment regarding any matter affecting the condominium.
Executive board meetings must be open to unit owners and to a representative designated by any unit owner except during executive sessions. Executive sessions may only be held during a regular or special meeting of the board. No final vote may be taken during an executive session. An executive session may only be held to consult with the Association’s attorney concerning legal matters, discuss labor or personnel matters, discuss contracts or leases being negotiated, or protect privacy.
The gathering of board members at which no Association business is conducted is not a meeting of executive board. The executive board can not use any method to evade the open meeting requirements.
The executive board must meet at least two times a year. The meeting must be at the condominium or at a place convenient to the community unless the bylaws specify otherwise.
Unit owners must have a reasonable opportunity to comment at any executive board meeting regarding any matter affecting the condominium. Unit owners must be given notice of an executive board meeting at least five days before the meeting, except if the meeting is called to adopt, amend or repeal a rule. Then, 10 days notice is required. The executive board does not have to give notice of a meeting if the meetings are regularly scheduled. Unit owners are entitled to copies of any materials are distributed to the executive board before the meeting.
An executive board may meet by telephonic, video or other comparable process. The notice of the meeting must state the conferencing process to be used and provide information how unit owners may participate in the conference. Unit owners must have an opportunity to hear or perceive the discussion and offer comments.
An executive board may act by written unanimous consent. The unit owners must promptly receive notice of any unanimous consent.
Even if the executive board does not comply with the meeting requirements, the action of the executive board is valid unless it is set aside by a court. Unit owners have 60 days to object after the minutes of the executive board meeting at which the action was taken are approved or the record the action is distributed to unit owners, whichever is later.
Meetings of the Association shall be conducted in accordance with the most recent edition of Roberts’ Rules of Order Newly Revised unless the declaration, bylaws or other law provides otherwise. Two thirds of the votes of the unit owners present at the meeting may suspend to use of the rules.
Section 47-251. The bylaws establish the requirements for a quorum at a meeting of unit owners. If the bylaws do not specify a quorum, a quorum is 20% of the votes in the Association present in person or by proxy, at the beginning of the meeting. A quorum of the executive board is a majority of the votes on the board. A quorum must be present at the time a vote regarding the action is taken. An affirmative vote of the majority of the board members present carries a motion.
Section 47-252. If a vote is conducted at a meeting of unit owners, unit owners vote at the meeting in person or by proxy. If a vote is conducted without a meeting, the unit owners can vote by ballot. A proxy must be dated. A proxy may be directed or undirected. A proxy must be executed by a unit owner. A proxy terminates one year after its date, unless it specifies a shorter term. A proxy must designate a person to act as a proxy. No person may cast votes representing more the 15% of the votes in the Association pursuant to undirected proxies.
Unit owners may vote without a meeting by using ballots. If a meeting is called, the vote at the meeting must be in person or by proxy. The Association must notify the unit owners that the vote will be taken by ballot. The Association shall deliver a ballot to every unit owner entitled to vote. The Association must also indicate the number of responses needed to meet the quorum, state percentage of votes necessary to approve each matter, specify the time and date by which the ballot must be delivered to the Association to be counted, which they cannot be fewer than three days after the date the Association delivers the ballot, and describe the time, date and manner by which unit owners may deliver information to all unit owners regarding the subject of the vote.
Once a vote is delivered to the Association, it remains effective , even if the unit owner dies or tries to revoke the vote.
Section 47-253. A unit owner is not liable, solely by reason of being a unit owner, or injury or damage arising out of the condition or use of the common elements. A unit owner may bring an action alleging that the Association engaged in wrongdoing, including an action arising out of, condition of, or use of the common elements.
Section 47-255. If the condominium units have horizontal boundaries, the Association must ensure portions of a unit that would normally be insured under property coverage. The Association must give unit owners notice if insurance is not provided. The insurance must include betterments and improvements installed by the unit owners, unless the Association has maintained a schedule of standard fixtures, and provided that schedule to unit owners at least annually. Any portion of the condominium, including portions of the units. For which the Association is required to maintain insurance must be repaired or replaced by the Association. The insurance money must be used to make such repairs unless the unit owners vote otherwise. The Association is responsible for any deductible under its policy and cannot charge the deductible back against the units.
Section 47-256 . Any surplus funds remaining after payment of the provision for common expenses and prepayment for reserves shall be paid annually to the unit owners or credited to them.
All common expense assessments must be assessed against all units in accordance with their allocations set forth in the Declaration, unless there is an exception. If the Declaration provides, any common expense associated with the maintenance, repair or replacement of a limited common element may be assessed against the units to which the limited common element is assigned. If the Declaration provides, any common expense or portion benefiting fewer than all of the units or their owners may be assessed exclusively against units benefited. If a common expense is caused by the willful misconduct, failure to comply with a written maintenance standard promulgated by the Association or gross negligence of any unit owner, the Association may, after notice and hearing, assess the portion of the common expense in excess of any insurance proceeds received by the Association, exclusively against that owner’s unit. Even if a unit owner does not use common elements or abandons the unit, the unit owner must pay common expenses.
Section 47-258. The Association has a lien against the units for unpaid common charges, fines, late charges, interest, cost, and attorneys fees. The lien is automatic and no documents need to be recorded on the land records. The Association may foreclose this lien. To foreclose the lien, the Association must institute a foreclosure action within three years after the format of the assessment becomes due. If a request is made in writing, the Association must furnish a statement of the amount of unpaid assessments within 10 days after receipt of the request. The statement is binding. The unit owner, at the time the action is commenced, must owe a sum equal to at least two months of common expense assessments. The Association must also have made a demand for payment in writing. The executive board must have voted to commence a foreclosure specifically against that unit or adopted a standard policy that provides for foreclosure. The Association must also provide notice to mortgage holders within 60 days before it commences a foreclosure or loses right to collect costs and fees.
Section 47-259. The Association must maintain certain records, including financial records, minutes of meetings, the names of unit owners and their addresses, financial statements and tax returns for the past three years, the names and addresses of current executive board members and officers, copies of current contracts, and ballots and proxies.
A unit owner or authorized agent may examine these records during reasonable business hours and upon five days written notice. The request must reasonably identify the specific records requested. Only a few specific records may be withheld. An Association may charge a reasonable fee for providing copies of any records under this section and for supervising the unit owner’s inspection. The unit owner may receive copies by photocopying or by electronic transmission.
Section 47-261b. The executive board may adopt, amend or repeal any rule after giving all unit owners at least 10 days notice. The notice shall include the text of the proposed rule. The notice must state the date on which the executive board will act. The Association must give all unit owners notice of adoption, amendment or repeal of a rule with a copy of the new or amended rule.
The Association may not prohibit the display of the United States flying, the state flag or signs regarding candidates for public or Association office or ballot questions. It can adopt rules governing the time, place, size, number and manner of those displays. Unit owners may peaceably assemble in the common elements to consider matters related to the condominium. The Association may adopt rules governing the time, place and manner of assemblies. The Association may only adopt rules that affect the use of or behavior in units necessary to implement a provision of the declaration, regulate any behavior in or occupancy of the unit, which violates the declaration or adversely affects the use and enjoyment of other units or the common elements by other unit owners, or to restrict leasing designed to meet underwriting requirements of institutional lenders. Any rule adopted by the Association must be reasonable.
Section 47-261c. Notices from the Association can be delivered by mail, hand delivery, commercially reasonable delivery service, electronic means, or any other method reasonably calculated to provide notice. Notices are effective when sent.
Section 47-261d. Unit owners may remove a member of the executive board, with or without cause at any meeting of the unit owners at which a quorum is present. The number of votes cast in favor of removal must exceed the number of votes cast in opposition to removal. The notice of the meeting or the vote must list removal of the board member as an agenda item. The board member must be given an opportunity to speak before the vote for removal.
Section 47-261e. The unit owners must adopt the annual budget. A budget is approved if a majority of all unit owners does not vote to reject the budget. No quorum is required. If a budget is rejected, the last adopted budget will continue. The executive board must also have the unit owners approve any special assessment that exceeds 15% of the annual budget. The executive board may impose an emergency special assessment. If the board intends to enter into a loan agreement on behalf of the Association, the executive board must provide notice to all unit owners and an opportunity to comment. If the loan will encumber the right to future income, a majority of unit owners must approve that assignment.
Section 47-270. A seller must give a purchaser of his or her unit a resale package. A purchaser may rescind the contract within five business days after receipt of the package. The Association is required to provide the package not later than 10 business days after receipt of a written request from a unit owner and payment of a fee. This fee cannot exceed $125 plus 5 cents for each page of document copies provided by the Association or a flat fee of $10 for an electronic copy of those documents. The Association can charge an expedited fee of $10 if the owner requests that the package be delivered in less than three business days. The new purchaser is only responsible for any unpaid assessments or fees stated in the resale package.
Section 47-278. A unit owner may bring an action to enforce a right granted or obligation imposed by the act, the declaration or the bylaws. A court may award reasonable attorney’s fees and costs to either party. The Association can require that any unit owner to submit a dispute to alternative dispute resolution.
Since January 1, 1984, the Common Interest Ownership Act (the “Act”) has defined the relationship between the condominium homeowners’ association and the unit owners. Condominiums created under the Act are subject to the Act’s provisions, as are many condominiums created prior to the Act.
Many unit owners are not aware of their protections under the Act, which are scattered throughout the Act. Either through ignorance or malfeasance, Association boards have not recognized, or respected these rights. Even professional management companies may not familiar with the provisions. Unfortunately, the unit owners must often bring actions in Superior Court to secure their rights.
The following is a list of some of Act’s sections that specifically relate to unit owners and their rights. Some of the provisions contain limitations or are complex. Unit owners should seek the advice of competent condominium attorneys when they seek to enforce the provisions. condominium law is a specialized legal field. Most attorneys are not well versed in the provisions of the Act.
Section 47-202(2) and (8). Section 47-226. Each unit owner has an allocated share in the ownership of the common elements, an allocated share of the expenses of the condominium, and an allocated vote. These shares determine how much the unit owner pays and voting rights. Unless the declaration provides differently, the Association cannot force a unit owner to to pay more common expenses than those allocated to the unit.
.
Section 47-243. Each unit owner is a member of the condominium Association. Usually, the homeowners’ Association is a nonstock Corporation and subject to the Connecticut Nonstock Corporation Act. If there is a conflict between the act and the other law, the Act prevails.
Section 47-221. Each Unit has specifically defined boundaries, which includes specified improvements. Any portion of the property which is not part of a unit is a common element. Some common elements are allocated for the specific and exclusive use of a unit and are called limited common elements. Basically, the unit owner maintains the interior of the unit and the Association maintains the common elements.
Section 47-203. The rights provided by the Act cannot be varied by agreement or waived unless the Act otherwise allows it.
Section 47-211. Every contract or duty covered by the Act imposes an obligation of good faith in its performance or enforcement.
Section 47-212. Any right or obligation that is imposed by the Act is enforceable by judicial proceeding. The court will liberally interpret the remedies provided in the Act, so that the aggrieved party is put in as good a position as if the other party had fully performed.. Some of Section 47-216. Some of the provisions of the Act apply to the common interest communities that were created prior to the January 1, 1984, the date that the Act became effective.
Section 47-220. The Declaration must be recorded on the land records. Amendments to the Declaration must also be recorded.
Section 47-222. The Declaration is the primary condominium document and controls the bylaws and rules. The Act controls the declaration, the bylaws and the rules.
Section 47-224. Except for some very limited exceptions, restrictions on the right to sell or lease the unit must be in the Declaration. Section 27-224.
Section 47-226. The declaration also defines the shares and votes allocated to a unit. The declaration also describes the limited common elements.
Section 47-227. Unless the Declaration provides otherwise, limited common elements are maintained by the Association. The allocation of limited common elements cannot be altered without the consent of the unit owners whose units are affected. An amendment to the Declaration is necessary to reallocate limited common elements.
Section 47-230. If the Declaration and other law allows, a unit owner may make improvements or alterations to the unit that do not impair the structural integrity or mechanical systems of the common elements or lessen the support of any portion of the condominium. A unit owner may not change the appearance of common elements or the exterior appearance of a unit without permission of the Association.
Section 47-230a. The Association cannot prohibit the display of a religious object on an entry door or entry doorframe. The object cannot be dangerous, hinder the opening or closing of the door, violate law, be obscene or offensive, ot be bigger than 25 square inches if attached to the doorframe, or larger than 4 square foot if attached to the door.
Section 47-235. Unit owners have a right of access across the common elements and may use the common elements, except limited common elements, for all appropriate purposes. The Association cannot interfere with the right of access.
Section 47-236. The Declaration can only be amended by a vote of the unit owners, except during development. Any amendment must be recorded on the land records. An amendment is not effective until it is recorded. Normally, 67% of all the votes in the Association are required to amend the declaration. Unit owners can challenge the validity of an amendment adopted under this seciont for a period of one year after the amendment is recorded. Amendments to the declaration that increase the number of units to change the boundaries of any unit or the allocated interest of a unit require unanimous consent of the unit owners. Amendments to the declaration that prohibit or materially restrict the permitted uses or occupancy of a unit or the number or other qualifications of persons who may occupy units require a vote of 80% of all the votes in the Association. Any such amendment must provide reasonable protection for uses or occupanies existing at the time the amendment is adopted.
Section 47-244. Subject to the provisions of the declaration, the Association cannot impose fines for violations of the declaration, bylaws, or rules and regulations of the Association without notice and opportunity to be heard. If a unit owner does not pay an assessment, the Association may suspend rights and privileges of the unit owner. The Association may not deny access to a unit, suspend a unit owner’s right to vote or participate in meetings of the Association, prevent a unit owner from seeking election as a director or officer of the Association, or withhold services to a unit or unit owner if that action would endanger the health, safety or property of any person. The executive board must promptly provide notice to unit owners of any legal proceeding to which the Association is a party, except for enforcement of rules, recovery of unpaid assessments, or defense of the Association’s lien.
Section 47-245. The executive board may not:
a. Amend the declaration;
b. Terminate the condominium;
c. Elect members of the executive board. (The executive board may temporarily fill vacancies in his membership for the unexpired portion of any term or, if earlier, until the next regularly scheduled election of executive board members.);
d. Determine qualifications, powers and duties, or terms of office of executive board members.
A management company or manager cannot campaign or any person seeking election as an executive board member.
Section 47-249. The Association is ordinarily responsible for the maintenance, repair and replacement of the common elements. Each unit owner is ordinarily responsible for the maintenance, repair, replacement of the units. The Association and other unit owners have a right of access through a unit to maintain, repair or replace the common elements. If the unit is damaged during access, it must be repaired by the person who had called on access.
Section 47-250. Twenty per cent of the owners may request that the secretary called a special unit owner meeting. If the Association does not notify unit owners of a special meeting within 15 days after the request, the requesting members may notify the unit owners of a meeting. At a special meeting, only matters contained in the notice of the meeting may be considered. The Association must notify unit owners of the time, date and place of each annual and special meeting of unit owners. The notice must be given not less than 10 days or more than 60 days before the meeting date. The notice must state the items on the agenda. If a amendment is proposed to the declaration or bylaws, the notice must include a statement of the general nature of the proposed amendment. The notice must also contain any budget changes, and any proposal to remove an officer or member of the executive board.
Unit owners must be given a reasonable opportunity at a unit owner meeting to comment regarding any matter affecting the condominium.
Executive board meetings must be open to unit owners and to a representative designated by any unit owner except during executive sessions. Executive sessions may only be held during a regular or special meeting of the board. No final vote may be taken during an executive session. An executive session may only be held to consult with the Association’s attorney concerning legal matters, discuss labor or personnel matters, discuss contracts or leases being negotiated, or protect privacy.
The gathering of board members at which no Association business is conducted is not a meeting of executive board. The executive board can not use any method to evade the open meeting requirements.
The executive board must meet at least two times a year. The meeting must be at the condominium or at a place convenient to the community unless the bylaws specify otherwise.
Unit owners must have a reasonable opportunity to comment at any executive board meeting regarding any matter affecting the condominium. Unit owners must be given notice of an executive board meeting at least five days before the meeting, except if the meeting is called to adopt, amend or repeal a rule. Then, 10 days notice is required. The executive board does not have to give notice of a meeting if the meetings are regularly scheduled. Unit owners are entitled to copies of any materials are distributed to the executive board before the meeting.
An executive board may meet by telephonic, video or other comparable process. The notice of the meeting must state the conferencing process to be used and provide information how unit owners may participate in the conference. Unit owners must have an opportunity to hear or perceive the discussion and offer comments.
An executive board may act by written unanimous consent. The unit owners must promptly receive notice of any unanimous consent.
Even if the executive board does not comply with the meeting requirements, the action of the executive board is valid unless it is set aside by a court. Unit owners have 60 days to object after the minutes of the executive board meeting at which the action was taken are approved or the record the action is distributed to unit owners, whichever is later.
Meetings of the Association shall be conducted in accordance with the most recent edition of Roberts’ Rules of Order Newly Revised unless the declaration, bylaws or other law provides otherwise. Two thirds of the votes of the unit owners present at the meeting may suspend to use of the rules.
Section 47-251. The bylaws establish the requirements for a quorum at a meeting of unit owners. If the bylaws do not specify a quorum, a quorum is 20% of the votes in the Association present in person or by proxy, at the beginning of the meeting. A quorum of the executive board is a majority of the votes on the board. A quorum must be present at the time a vote regarding the action is taken. An affirmative vote of the majority of the board members present carries a motion.
Section 47-252. If a vote is conducted at a meeting of unit owners, unit owners vote at the meeting in person or by proxy. If a vote is conducted without a meeting, the unit owners can vote by ballot. A proxy must be dated. A proxy may be directed or undirected. A proxy must be executed by a unit owner. A proxy terminates one year after its date, unless it specifies a shorter term. A proxy must designate a person to act as a proxy. No person may cast votes representing more the 15% of the votes in the Association pursuant to undirected proxies.
Unit owners may vote without a meeting by using ballots. If a meeting is called, the vote at the meeting must be in person or by proxy. The Association must notify the unit owners that the vote will be taken by ballot. The Association shall deliver a ballot to every unit owner entitled to vote. The Association must also indicate the number of responses needed to meet the quorum, state percentage of votes necessary to approve each matter, specify the time and date by which the ballot must be delivered to the Association to be counted, which they cannot be fewer than three days after the date the Association delivers the ballot, and describe the time, date and manner by which unit owners may deliver information to all unit owners regarding the subject of the vote.
Once a vote is delivered to the Association, it remains effective , even if the unit owner dies or tries to revoke the vote.
Section 47-253. A unit owner is not liable, solely by reason of being a unit owner, or injury or damage arising out of the condition or use of the common elements. A unit owner may bring an action alleging that the Association engaged in wrongdoing, including an action arising out of, condition of, or use of the common elements.
Section 47-255. If the condominium units have horizontal boundaries, the Association must ensure portions of a unit that would normally be insured under property coverage. The Association must give unit owners notice if insurance is not provided. The insurance must include betterments and improvements installed by the unit owners, unless the Association has maintained a schedule of standard fixtures, and provided that schedule to unit owners at least annually. Any portion of the condominium, including portions of the units. For which the Association is required to maintain insurance must be repaired or replaced by the Association. The insurance money must be used to make such repairs unless the unit owners vote otherwise. The Association is responsible for any deductible under its policy and cannot charge the deductible back against the units.
Section 47-256 . Any surplus funds remaining after payment of the provision for common expenses and prepayment for reserves shall be paid annually to the unit owners or credited to them.
All common expense assessments must be assessed against all units in accordance with their allocations set forth in the Declaration, unless there is an exception. If the Declaration provides, any common expense associated with the maintenance, repair or replacement of a limited common element may be assessed against the units to which the limited common element is assigned. If the Declaration provides, any common expense or portion benefiting fewer than all of the units or their owners may be assessed exclusively against units benefited. If a common expense is caused by the willful misconduct, failure to comply with a written maintenance standard promulgated by the Association or gross negligence of any unit owner, the Association may, after notice and hearing, assess the portion of the common expense in excess of any insurance proceeds received by the Association, exclusively against that owner’s unit. Even if a unit owner does not use common elements or abandons the unit, the unit owner must pay common expenses.
Section 47-258. The Association has a lien against the units for unpaid common charges, fines, late charges, interest, cost, and attorneys fees. The lien is automatic and no documents need to be recorded on the land records. The Association may foreclose this lien. To foreclose the lien, the Association must institute a foreclosure action within three years after the format of the assessment becomes due. If a request is made in writing, the Association must furnish a statement of the amount of unpaid assessments within 10 days after receipt of the request. The statement is binding. The unit owner, at the time the action is commenced, must owe a sum equal to at least two months of common expense assessments. The Association must also have made a demand for payment in writing. The executive board must have voted to commence a foreclosure specifically against that unit or adopted a standard policy that provides for foreclosure. The Association must also provide notice to mortgage holders within 60 days before it commences a foreclosure or loses right to collect costs and fees.
Section 47-259. The Association must maintain certain records, including financial records, minutes of meetings, the names of unit owners and their addresses, financial statements and tax returns for the past three years, the names and addresses of current executive board members and officers, copies of current contracts, and ballots and proxies.
A unit owner or authorized agent may examine these records during reasonable business hours and upon five days written notice. The request must reasonably identify the specific records requested. Only a few specific records may be withheld. An Association may charge a reasonable fee for providing copies of any records under this section and for supervising the unit owner’s inspection. The unit owner may receive copies by photocopying or by electronic transmission.
Section 47-261b. The executive board may adopt, amend or repeal any rule after giving all unit owners at least 10 days notice. The notice shall include the text of the proposed rule. The notice must state the date on which the executive board will act. The Association must give all unit owners notice of adoption, amendment or repeal of a rule with a copy of the new or amended rule.
The Association may not prohibit the display of the United States flying, the state flag or signs regarding candidates for public or Association office or ballot questions. It can adopt rules governing the time, place, size, number and manner of those displays. Unit owners may peaceably assemble in the common elements to consider matters related to the condominium. The Association may adopt rules governing the time, place and manner of assemblies. The Association may only adopt rules that affect the use of or behavior in units necessary to implement a provision of the declaration, regulate any behavior in or occupancy of the unit, which violates the declaration or adversely affects the use and enjoyment of other units or the common elements by other unit owners, or to restrict leasing designed to meet underwriting requirements of institutional lenders. Any rule adopted by the Association must be reasonable.
Section 47-261c. Notices from the Association can be delivered by mail, hand delivery, commercially reasonable delivery service, electronic means, or any other method reasonably calculated to provide notice. Notices are effective when sent.
Section 47-261d. Unit owners may remove a member of the executive board, with or without cause at any meeting of the unit owners at which a quorum is present. The number of votes cast in favor of removal must exceed the number of votes cast in opposition to removal. The notice of the meeting or the vote must list removal of the board member as an agenda item. The board member must be given an opportunity to speak before the vote for removal.
Section 47-261e. The unit owners must adopt the annual budget. A budget is approved if a majority of all unit owners does not vote to reject the budget. No quorum is required. If a budget is rejected, the last adopted budget will continue. The executive board must also have the unit owners approve any special assessment that exceeds 15% of the annual budget. The executive board may impose an emergency special assessment. If the board intends to enter into a loan agreement on behalf of the Association, the executive board must provide notice to all unit owners and an opportunity to comment. If the loan will encumber the right to future income, a majority of unit owners must approve that assignment.
Section 47-270. A seller must give a purchaser of his or her unit a resale package. A purchaser may rescind the contract within five business days after receipt of the package. The Association is required to provide the package not later than 10 business days after receipt of a written request from a unit owner and payment of a fee. This fee cannot exceed $125 plus 5 cents for each page of document copies provided by the Association or a flat fee of $10 for an electronic copy of those documents. The Association can charge an expedited fee of $10 if the owner requests that the package be delivered in less than three business days. The new purchaser is only responsible for any unpaid assessments or fees stated in the resale package.
Section 47-278. A unit owner may bring an action to enforce a right granted or obligation imposed by the act, the declaration or the bylaws. A court may award reasonable attorney’s fees and costs to either party. The Association can require that any unit owner to submit a dispute to alternative dispute resolution.
