New Condo Laws Scheduled For Monday Public Hearing In Hartford
A public hearing has been scheduled for Monday on several proposed bills involving Connecticut condominium laws, including legislation that would require banks to reimburse associations for up to 12 months of maintenance fees in case of foreclosures.
The hearing will start at 10 a.m. by the Judiciary Committee of the state General Assembly in room 2D of the Legislative office building.
One of the more controversial proposals (House Bill 6662) would explicitly require banks in lengthy foreclosure actions to reimburse condo associations for unpaid maintenance fees. This amendment follows decisions by two judges that says that under current state condo laws banks are only required to reimburse the associations for only up to six months.
Lawyers for condo associations say the judges’ decisions would cause great hardship especially for small complexes when banks drag out foreclosures for years. Several large banks are expected to oppose this measure.
Another proposal (House Bill 6666) that is likely to be controversial is one championed by State Rep. James M. Albis (D East Haven), to create a pilot mediation program where for a $250 fee disputes between an association and a condo owner could be heard.
Albis said such a program is necessary because there are no real enforcement mechanisms where condo owners can now take their complaints to. Condo owners now have to file a civil suit to contest acts by boards of associations that violate state condo laws.
The disputes would be heard either in Probate Court or in Small Claims Court.
However, the bill proposes that mediation be voluntary and both the condo association and the condo owner must agree to have the dispute resolved through this process.
Two of the bills would change the amount of votes needed to defeat an annual budget.
Under present law at least 50 percent of the unit owners plus one must vote to reject the budget before it can be voted down.
That law is opposed by a group of condo owners in the state’s largest complex – Heritage Village in Southbury – who advocate that the annual budget be decided by the majority who turn out to vote.
One proposal (Senate Bill 1103) would require a simple majority of those voting to defeat an annual budget. A second proposal (House Bill 6513) would require that at least one third of those eligible to vote, oppose the budget.
Another proposed bill (Senate Bill 1145) would require condo board of directors to make sure that property management companies follow state condo laws and to abide by association bylaws.
That same bill also seeks to insure the condo owners have access to agendas of regularly scheduled meeting at least five days in advance.
For more details on the bills see below.
1. S.B. No. 1101 (RAISED) AN ACT PERMITTING THE AFFIXING OF SECURITY CAMERAS TO UNITS WITHIN A COMMON INTEREST COMMUNITY. (JUD)
2. S.B. No. 1103 (RAISED) AN ACT CONCERNING THE APPROVAL PROCESS FOR ASSIGNMENTS OF FUTURE INCOME IN COMMON INTEREST COMMUNITIES. (JUD)
3. S.B. No. 1145 (RAISED) AN ACT CONCERNING REVISIONS TO THE COMMON INTEREST OWNERSHIP ACT AND THE CONDOMINIUM ACT. (JUD)
4. H.B. No. 6513 (RAISED) AN ACT CONCERNING THE BUDGET AND SPECIAL ASSESSMENT APPROVAL PROCESS IN COMMON INTEREST COMMUNITIES. (JUD)
6. H.B. No. 6662 (RAISED) AN ACT CONCERNING THE RECOUPMENT OF MONEYS OWED TO A UNIT OWNERS’ ASSOCIATION DUE TO NONPAYMENT OF ASSESSMENTS. (JUD)
8. H.B. No. 6666 (RAISED) AN ACT ESTABLISHING TWO PILOT PROGRAMS FOR THE MEDIATION OF CONDOMINIUM-RELATED DISPUTES AND RELIEVING A COMMUNITY ASSOCIATION MANAGER OF ANY RESPONSIBILITY FOR CERTIFYING THAT A CONDOMINIUM UNIT OWNER IS COMPLIANT WITH A MUNICIPAL ORDINANCE REQUIRING THE INSTALLATION OF CARBON MONOXIDE DETECTORS AND SMOKE DETECTORS. (JUD)
Which bills does the CCOC leadership and advisory committee feel truly support the best interests of individual unit owners as opposed to association boards and condo industry professionals and why? Whic provisions in these bills does it feel support CCOC’s original mission of protecting the interests of individual unit owners, and which provisions does it urge its members to reject?
I am disappointed that as a long time CCOC member, I am just hearing about these bills nearly three months into the legislative session, and one day before a public hearing. I missed receiving guidance from the CCOC executive committee on these bills.
I totally agree with a concerned condo owner. How much is CCOC is truly for the unit owner? And, just a day notice? Wish you had geared up the unit owner community and it appears you have not. Please explain.
Sorry,errors above… lets try it again…….Having small claims or Probate Courts hear disputes is a great idea in theory. This potential new law is one sided. It favors the association. If the association is wrong and cannot win, they will not agree to mediation which forces a single unit owner to bear costs of litigation or just not sue….This defeats the whole purpose.
The the unit owner has a lose/lose position.
The new law should make mediation mandatory, if an issue of anything other than non payment common charge or assessments is at issue.
Having small claims or Probate Courts hear disputes is a great idea in theory. This potential new law is one sided. It favors the association. If the association is wrong and cannot win, they will not agree to mediation which forces a single unit owner to bear costs of litigation or just not sue….This defeats the whole purpose.
The the unit owner has a lose/lose position.
The new law should make mediation mandatory, if an issue of anything other than non payment common charge or assessments is at issue.
Addressing Concerned Connecticut Condo Owner and Anonymous, we thank you for your comments and hope to allay your frustrations by providing the following facts.
a.3/22 George published the article 3/25 Public Hearing
b.3/21 The Judiciary Committee’s Agenda was released and could be found on the internet
c.3/21 At 5 pm, CCOC was also alerted to the release of the agenda from a legislator we have been meeting with.
d.3/21 CAI sent an email blast to its members regarding the 3/25 hearing
e.3/21 As George and I were checking the bill tracking web site; for the bills being heard at the 3/25 public hearing, the post was done 3/21
f.3/21 and 3/22 And last but not least, to those CCOC members who do follow bill tracking thank you for your email alerts. We never mind duplication of reminders.
The legislative process is intricate and somewhat complex, but both George and I feel fortunate that we have a responsive Advisory Committee who volunteer their time.
If either of you would like to assist on a Legislative Committee; we would love to hear from you. During this time of the year with an active session; the days and nights seem to run into each other and our meetings are long, but the results, at times, can be rewarding.
Thank you for your explanation and time.
I found CCOC President Gail Egan’s response to the above concerns of unit owners to be weak. She avoids the real issues.
In the past, former CCOC leaders communicated frequently with CCOC members about member survey results, meetings with CAI and the legislative process to get bills through the General Assembly. Much of the focus was to empower unit owners.
The Bill Tracking system is essential to help keep abreast of condo bills. Yet, I fail to understand why CCOC did not educate its members about this valuable communications tool months ago. This bears repeating at the beginning of legislative session. The CCOC membership at large was not informed about condo bill numbers to track.
Gail Egan provided no explanation why CCOC leaders provided no feedback to CCOC members regarding its meetings with CAI and legislators months ago or the results of a member survey about legislative issues. Unit owners seek transparency and good communication in their communities and from CCOC leaders.
I understand the last minute notice about a public hearing on the proposed condo bills. I do not understand why there was no transparency or effective communication about these bills with our members the weeks and months leading up to the Judiciary Committee public hearing.
Perhaps CCOC leadership failed to recognize while they may be in the trenches actively involved with these bills, there are hundreds of other unit owners who are not informed. I feel it is the obligation of CCOC leadership to inform its members of each step along the way and promote discussion.
Where is the online discussion among CCOC members besides responding to CTCondoNews articles here? I do not see active solicitation to promote public discussion. Has there been any publicity of CCOC activity besides CTCondoNews?
Some unit owners I am aware of have offered to assist CCOC as volunteers, but have been turned away or ignored the CCOC president and others. It is very unfortunate. CCOC leadership should respect each and every CCOC member even if they have different opinions from CCOC leaders.
In past years, CCOC had a Steering Committee, Legislative Committee, Phone Call Committee and Survey Committee. Different people were on these committees. Dozens of unit owners participated in testifying at public hearings and sending in written testimony as CCOC leadership engaged them.
Why don’t we see CTCondoNews promoting CCOC as an organization, soliciting more organizational support and volunteers? Why not have regular committee reports published to CCOC members so members better understand what CCOC is or is not doing?
For the health of the Connecticut Condo Owners Coalition, I urge the CCOC leadership to take a step back, engage an independent committee of unit owners to survey CCOC members about our organization’s strengths and weaknesses, mission, leadership and structure. Then accurately publish the survey results and use the results to help establish what CCOC will be in the future.
CCOC members have been large kept out of the loop this legislative session. The current system does not appear to be working effectively.
CCOC’s founding motto: “Together, We Are Stronger.”
I agree with Concerned. It is too bad unit owners are less informed than ever. Less educated.
It has been my experience and the experience of others I’ve spoken with that no matter how many condominium laws are passed, you still need to hire an attorney to enforce them. The Attorney General’s office and the Department of Consumer protection are useless. Even discussing problems with CCOC Board members resulted in much talk but no resolution. And, you may need to go through a number of attorneys before you find one who will take your case. Many don’t want to get involved in disputes between Condo owners and Condo Boards. After spending much money in legal fees, I solved my problem by moving. The Board always wins.