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Our outline for transition of control
of association from the declarant to the unit owners of the community
When
a condominium or other common interest community is created, the
declarant is ordinarily the owner of all of the new units and, as such,
controls the community association. By the time the declarant transfers
all of the units and departs, the unit owners should have all of the
votes in the association and the power to elect its officers and
directors. The unit owner-controlled association should also have
possession of all of the books, records, and property of the
association to enable it to function on behalf of the unit owners.
Common Interest Ownership Act
This
statute, also known as "CIOA," applies to common interest
communities created on or after January 1, 1984. Substantial portions
of it apply to communities created before then, as stated in the
footnotes in the table of contents and in the parenthetical notes after
relevant section numbers.
A
comprehensive set of amendments were made to the Connecticut Common
Interest Ownership Act in 2009. The amendments are based on the 2008
Amendments to the Uniform Common Interest Ownership Act or “UCIOA 3.0,”
which were prepared by the Common
Interest Ownership Committee of the National
Conference of Commissioners on Uniform State Laws or “NCCUSL.”
Portions of the amendments were effective upon enactment in 2009. The
rest became effective on July 1, 2010.
The
amendments are contained in Public Act No. 09-225, which is available here. Corrections to the
amendments are contained in Public Act No. 10-186, which is available here.
Complying with the
2009 amendments to the Common Interest Ownership Act
In
April 2010, Perlstein, Sandler & McCracken, LLC presented seminars
to community associations and their managers that covered the 2009
amendments to the CIOA and alerted associations and managers to new
issues of compliance with the CIOA. As part of the seminar, we provided
handouts to the participants. We are making these handouts available
here.
Condominium Act of 1976
This
statute, also known as the "Condo Act," applies to
condominiums created on or after January 1, 1977 through December 31,
1983.
Unit Ownership Act
This
statute, which is no longer codified in the Connecticut General
Statutes, applies to condominiums created before 1977.
Revised Nonstock Corporation
Act
This
statute, also known as the "Nonstock Act," applies to common
interest communities whose associations of unit owners are incorporated
as nonstock corporations.
Community
Association Manager Registration Statute
This
statute, Chapter 400b of the Connecticut General Statutes, applies to
managers of community associations.
Freedom to Display the
American Flag Act of 2005
This
federal statute, Pub.L. 109-243, July 24, 2006, 120 Stat. 572, which is
cross-referenced to 4 U.S.C. § 5, applies to all community associations
and limits their ability to restrict the display of the United States
Flag.
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