Tell Your State Representative And State Senator How You Feel About Proposed Condo Legislation
Several important proposals involving condominium laws have been introduced this year in the General Assembly.
It is now up to you to let your representatives in the General Assembly know your views.
To locate your senate or house representative, go to http://www.cga.ct.gov
(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)
I live in a condo complex in Madison in which the President who also serves as the Treasurer since 1985 when they were built, and who is now 90 years old, refuses to assess as necessary to keep up with completely deteriorating projects.
Also, he refuses to put out bids for landscaping etc even though, this year alone, the landscaping company increased their fee by 29%.
When approached directly or at the “annual” meeting where less than 20 show up out of 90 units…he refers to someone’s request to help out as “a waste of his time.”
Is there any once I can speak to for help?
I am a Professor of Real Estate at GCC and a licenses agent since 1978.
I am solely requesting help as a principal concerned about my interest in the association.
I moved here two years ago.
Thank you in advance for your help.
Linda