It is true that withholding condominium fees in protest is a losing strategy.

Connecticut courts have clearly stated that the failure to maintain common elements or to follow the bylaws are not defenses to the Association’s action to foreclosure the unit.

They can and will foreclose your unit. You will not only have to pay the amounts that you withheld and attorneys’ fees and costs.

 What to do to make your voice heard?

Section 47-278 of the Connecticut General Statutes may offer some options. Subsection (a) of Section 47-278 creates a cause of action for the enforcement of the provisions of the Common Interest Ownership Act, the Declaration and the Bylaws.

Subsection (a) also permits the Court to award attorney’s fees if you prevail.

 Hiring a lawyer and bringing a case to Superior Court is expensive. The Court filing fee alone is presently $325 and that does not include the service fee charged by the marshal. Small claims court can only award damages up to $5000 and can not order the Association to take or to stop actions.

If your dispute involves the payment of assessments, fines, or penalties demanded by the Association, you can pay the disputed amount and then try to recovery the amount in Small Claims Court using Section 47-278. You can also demand attorneys’ fees and recover the costs of filing the action in Small Claims Court.

 Subsection (d ) (1) of Section 47-278, which became effective last year, gives a unit owner the right to request a hearing before the Executive Board seeking the enforcement of the provisions of the Common Interest Ownership Act, the Declaration and the Bylaws.

So, if the Association is violating the provision’s of the documents or the Association is not addressing unit owner violations, you can request a hearing as to the violations. The Association has to hold a hearing and make a decision regarding your request.

If the Association does not, you have a clear violation of the Statute and a case under Section 47-278 (a). You are more likely to win and get your attorneys’ fees and costs back. In the same case, you can raise the problems that initiated your original request, even if that issue is not as clear.

And, even if the Association holds a hearing and you lose, you will still have the right to bring an action under Section 47-278 (a) and the hearing will provide evidence that you can use in Court.

Attorney Patricia A. Ayars of Glastonbury is volunteering her legal assistance to the Connecticut Condo Owners Association and to the Connecticut Condo News to help condo owners preserve their rights. She can be contacted at pattylaw50@sbcglobal.net. CCOC members who send their complaints to us will receive a discount for her legal assistance.