Articles By Attorney Patricia Ayars
Be Aware Of Cheapest Contractor
Everyone, including condominium associations and unit owners, want to save money. One way to save money is to hire the cheapest contractor. The cheapest contractor, unfortunately, can be unlicensed and/or uninsured. If the contractor causes property damage or someone is injured, the Association or unit owner could be liable. Even if the Association and unit
Rules For Board Members To Act Without Meeting
This will address the queries CCOC has received regarding two-thirds consent voting. We believe this should clarify your questions. In 2009, the Connecticut legislature required condominium executive board meetings to be open to unit owners and gave unit owners an opportunity to comment at executive board meetings. A board could act outside of a meeting
HARASSMENT IN ASSOCIATIONS–BOARD MUST ACT
It has been illegal for a condominium board to discriminate against a unit owner on the basis of race, color, religion, national origin, sex, familial status, and disability. What if a resident complains that other residents or even board members are the resident because of membership in one of these groups? In the past, a
Feds Proposing To Allow More FHA Loans To Complexes That Aren’t FHA Certified
FHA loans and FHA approvals is a very big topic among Associations and unit owners, so I made some assumptions as to familiarity of unit owners. I deal with the issue fairly regularly with unit owners and associations. It is pretty well-accepted that Condo Approval by FHA Helps Residents Sell Their Units because more first
Condominium Owners Whose Homes Have Foreclosure Action Maybe Helped By Supreme Court Ruling
Many condominium associations have found that their foreclosures are defective because the association failed to adopt a foreclosure rule, if no rule, failed to vote that a foreclosure be started against the unit. The Connecticut Supreme Court has ruled that these defective foreclosures are void because state laws make voting to foreclose or enacting a
Ask Atty Pat: The Legitimacy Of Adopted Amended Or Repealed Rules
A source of conflict between boards and unit owners is the enforcement of rules. The power of the Association of the enact and enforce rules in not unlimited. To be enforceable, the rules must be legally adopted and within the Association’s power. A necessary power of the Condominium Association is the adoption and enforcement of
Ask Atty. Pat: Who Is Responsible In Case Of Damage To Condo Unit?
IN THE EVENT OF A CASUALTY LOSS, THE ASSOCIATION MUST REPAIR THE DAMAGE AND IS RESPONSIBLE FOR THE DEDUCTIBLE UNLESS THE UNIT OWNER IS AT FAULT. The argument continues over whether the Association or the individual unit owner should be responsible for repairs to a unit in the event of a casualty loss. The basic
Ask Atty Pat: How To Get The Association To Pay And Repair Ice Damming
My farmer uncle, when stubborn people frustrated him, would say “Sometimes you have to hit a mule with a 2 x 4 to get his attention.” Unfortunately, the expression applies to some condominium boards and management companies. I have been approached by groups of unit owners who have dealt with ice damming, resultant unit damage
Ask Atty Pat: What Are The New Laws On Using Grills In Condos?
I am receiving inquiries about a recent article in the Hartford Courant regarding changes to the Connecticut State Fire Prevention Code. The change, which became effective on May 7, 2015, bans the use and storage of charcoal and propane grills (open flame grills) on many condominium decks and balconies. The grills are prohibited from decks
Ask Atty Pat: How To Deal With Bedbug Issues In Condos
The tenant or unit owner may complain to the landlord or the condominium association. If the occupant complains to public health authorities, bedbug infestations are a violation of health codes so the Health Department will contact the Association and the landlord for correction. The position of the Connecticut Health Departments is that the “owner” of
