| 11 | 11 | | |
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| 12 | 12 | | AN ACT ESTABLISHING AN OFFICE OF CONDOMINIUM OMBUDSMAN. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. (NEW) (Effective January 1, 2011) (a) For the purposes of this section and sections 2 to 4, inclusive, of this act: |
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| 17 | 17 | | |
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| 18 | 18 | | (1) "Board of directors" means a board of directors, as defined in section 47-68a of the general statutes, of a condominium; |
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| 19 | 19 | | |
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| 20 | 20 | | (2) "Commissioner" means the Commissioner of Consumer Protection; |
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| 21 | 21 | | |
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| 22 | 22 | | (3) "Community association manager" means a community association manager, as defined in section 20-450 of the general statutes; |
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| 23 | 23 | | |
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| 24 | 24 | | (4) "Common interest community" means a common interest community, as defined in section 47-202 of the general statutes; |
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| 25 | 25 | | |
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| 26 | 26 | | (5) "Condominium" means a condominium, as defined in section 47-68a of the general statutes; |
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| 27 | 27 | | |
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| 28 | 28 | | (6) "Executive board" means an executive board, as defined in section 47-202 of the general statutes, of a common interest community; and |
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| 29 | 29 | | |
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| 30 | 30 | | (7) "Unit owner" means a unit owner, as defined in section 47-68a of the general statutes, of a condominium unit, or section 47-202 of the general statutes, of a common interest community unit. |
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| 31 | 31 | | |
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| 32 | 32 | | (b) There is established an Office of Condominium Ombudsman within the Department of Consumer Protection. The Office of Condominium Ombudsman shall be under the direction of the Commissioner of Consumer Protection, or the commissioner's designee. |
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| 33 | 33 | | |
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| 34 | 34 | | (c) With respect to the Office of Condominium Ombudsman, the Commissioner of Consumer Protection, or the commissioner's designee may: |
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| 35 | 35 | | |
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| 36 | 36 | | (1) Investigate and resolve complaints concerning unit owners, boards of directors, executive boards, community association managers, and managing agents of condominiums or common interest communities; |
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| 37 | 37 | | |
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| 38 | 38 | | (2) Analyze the laws regarding condominiums and common interest communities and make recommendations to the Governor and the General Assembly for legislation; |
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| 39 | 39 | | |
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| 40 | 40 | | (3) Publish information concerning laws and regulations related to condominiums and common interest communities; and |
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| 41 | 41 | | |
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| 42 | 42 | | (4) Refer any complaint received by the office to the appropriate law enforcement agency for prosecution, if deemed appropriate by the commissioner. |
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| 43 | 43 | | |
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| 44 | 44 | | (d) The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54 of the general statutes, to implement this section and sections 2 to 4, inclusive, of this act. |
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| 45 | 45 | | |
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| 46 | 46 | | Sec. 2. (NEW) (Effective January 1, 2011) (a) Any unit owner or group of unit owners may file a request with the Office of Condominium Ombudsman that the commissioner or the commissioner's designee review the complaint of the unit owner or group of unit owners regarding alleged violations of any provision of chapter 825 or 828 of the general statutes, as the case may be, or a bylaw of a condominium association or common interest community association concerning the budget and appropriation of condominium association or common interest community association funds, the calling and conduct of condominium association or common interest community association meetings, or access to public records of the condominium association or common interest community association, provided (1) the complaint of the unit owner or group of unit owners was reviewed through the dispute resolution process established in section 3 of this act, or (2) the unit owner or group of unit owners has filed a sworn affidavit that the condominium association or common interest community association has not established such dispute resolution process. Such request shall be in writing, on such form as the commissioner may prescribe, and shall be accompanied by a fee of thirty-five dollars. Upon receipt of such request and after a determination by the commissioner or the commissioner's designee that such complaint presents a colorable claim of a violation of any of said provisions of statute or bylaws and that such complaint was not filed with malicious intent to unjustly vex or trouble the condominium association or common interest community association, the commissioner or the commissioner's designee shall notify the condominium association or common interest community association that is the subject of the complaint of such request and the fee required by this subsection. Not later than thirty days after receiving notice of the complaint from the commissioner or the commissioner's designee, the condominium association or common interest community association shall pay to the commissioner a fee of thirty-five dollars. If such condominium association or common interest community association fails to pay such fee not later than thirty days after the date of such notice, the commissioner shall assess a penalty of one hundred dollars against such condominium association or common interest community association, in addition to such thirty-five-dollar fee. |
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| 47 | 47 | | |
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| 48 | 48 | | (b) The commissioner or the commissioner's designee may mediate a complaint pursuant to a request filed under subsection (a) of this section. |
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| 49 | 49 | | |
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| 50 | 50 | | (c) The commissioner or the commissioner's designee may conduct an investigation and make findings and recommendations regarding any matter concerning a violation of chapter 825 of the general statutes, chapter 828 of the general statutes, or the bylaws of a condominium association or common interest community association. |
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| 51 | 51 | | |
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| 52 | 52 | | (d) After notice and hearing pursuant to chapter 54 of the general statutes, the commissioner may: |
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| 53 | 53 | | |
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| 54 | 54 | | (1) Issue an order to any person found to have violated any provision of chapter 825 or 828 of the general statutes, or the bylaws of the condominium association or common interest community association, requiring such person to cease such violation; |
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| 55 | 55 | | |
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| 56 | 56 | | (2) Order any person found to have violated any such provision to make restitution for damages caused by such violation; |
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| 57 | 57 | | |
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| 58 | 58 | | (3) Assess a penalty up to two hundred dollars per knowing violation; or |
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| 59 | 59 | | |
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| 60 | 60 | | (4) Through the Attorney General, petition the superior court for the judicial district where the violation occurred for the enforcement of any order issued by the commissioner, or for appropriate temporary relief or a restraining order, and shall certify and file in the court a transcript of the entire record of all hearings, including all testimony upon which such order was made and the findings and orders made by the commissioner. The commissioner shall provide written notice of the filing of such petition to the condominium association or common interest community association not later than three business days after the date such petition is filed in the superior court. The court may grant such relief by injunction or otherwise, including temporary relief, as it deems equitable and may make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, any order of the commissioner. |
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| 61 | 61 | | |
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| 62 | 62 | | (e) Any person aggrieved by a final decision of the commissioner may appeal therefrom in accordance with section 4-183 of the general statutes. |
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| 63 | 63 | | |
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| 64 | 64 | | (f) Any fee or penalty collected pursuant to this section shall be deposited in the General Fund. |
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| 65 | 65 | | |
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| 66 | 66 | | Sec. 3. (NEW) (Effective from passage) Not later than January 1, 2011, each condominium association or common interest community association shall establish a dispute resolution process for unit owner complaints regarding compliance by the condominium association or common interest community association with any provision of chapter 825 of the general statutes, chapter 828 of the general statutes, or a bylaw of a condominium association or common interest community association concerning the budget and appropriation of condominium association or common interest community association funds, the calling and conduct of condominium association or common interest community association meetings, or access to public records of the condominium association or common interest community association. The dispute resolution process shall provide the opportunity for the unit owner to be heard regarding such complaint. Any complaint that is not resolved through the dispute resolution process established under this section may be filed with the Office of Condominium Ombudsman on or after January 1, 2011, pursuant to section 2 of this act. |
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| 67 | 67 | | |
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| 68 | 68 | | Sec. 4. (NEW) (Effective January 1, 2011) (a) On January 1, 2011, and annually thereafter, each condominium association and common interest community association shall provide the Commissioner of Consumer Protection a certified copy of the last annual or biennial report of the association filed with the Secretary of the State, and shall pay a fee to the commissioner in an amount of four dollars for each condominium or common interest community unit within such condominium association or common interest community association. Any condominium association or common interest community association that fails to pay such fee shall, in addition to such fee, be assessed a penalty of one hundred dollars for each year such fee was not paid. The Attorney General, upon referral by the commissioner, may bring an action in the superior court to collect such fees and penalties. |
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| 69 | 69 | | |
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| 70 | 70 | | (b) All fees and penalties collected pursuant to this section shall be deposited by the commissioner in a separate, nonlapsing fund, which shall be solely used for the operational expenditures of the Office of Condominium Ombudsman and for the administration of the programs performed by said office. The commissioner shall annually review such fund and, upon a finding by the commissioner that the balance of the fund is in excess of the amount necessary to operate said office and such programs, shall order that the annual fee collected pursuant to subsection (a) of this section be suspended or reduced until such time as the balance falls below that amount necessary to operate said office and such programs. |
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| 71 | 71 | | |
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| 72 | 72 | | Sec. 5. Section 20-452 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011): |
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| 73 | 73 | | |
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| 74 | 74 | | (a) Any person seeking a certificate of registration shall apply to the department in writing, on a form provided by the department. Such application shall include the applicant's name, residence address, business address, business telephone number and such other information as the department may require. |
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| 75 | 75 | | |
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| 76 | 76 | | (b) Each application for a certificate of registration as a community association manager shall be accompanied by an application fee of sixty dollars and a registration fee of [one] four hundred dollars. The department shall refund the registration fee if it refuses to issue a certificate of registration. |
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| 77 | 77 | | |
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| 78 | 78 | | Sec. 6. Subsection (d) of section 20-457 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011): |
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| 79 | 79 | | |
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| 80 | 80 | | (d) All certificates issued under the provisions of sections 20-450 to 20-462, inclusive, as amended by this act, shall expire [annually] biennially on the thirty-first day of January. The fee for renewal of a certificate shall be [two] four hundred dollars. |
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| 81 | 81 | | |
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| 82 | 82 | | |
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| 83 | 83 | | |
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| 84 | 84 | | |
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| 85 | 85 | | This act shall take effect as follows and shall amend the following sections: |
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| 86 | 86 | | Section 1 January 1, 2011 New section |
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| 87 | 87 | | Sec. 2 January 1, 2011 New section |
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| 88 | 88 | | Sec. 3 from passage New section |
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| 89 | 89 | | Sec. 4 January 1, 2011 New section |
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| 90 | 90 | | Sec. 5 January 1, 2011 20-452 |
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| 91 | 91 | | Sec. 6 January 1, 2011 20-457(d) |
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| 92 | 92 | | |
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| 93 | 93 | | This act shall take effect as follows and shall amend the following sections: |
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| 94 | 94 | | |
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| 95 | 95 | | Section 1 |
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| 96 | 96 | | |
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| 97 | 97 | | January 1, 2011 |
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| 98 | 98 | | |
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| 99 | 99 | | New section |
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| 100 | 100 | | |
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| 101 | 101 | | Sec. 2 |
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| 102 | 102 | | |
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| 103 | 103 | | January 1, 2011 |
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| 104 | 104 | | |
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| 105 | 105 | | New section |
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| 106 | 106 | | |
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| 107 | 107 | | Sec. 3 |
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| 108 | 108 | | |
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| 109 | 109 | | from passage |
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| 110 | 110 | | |
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| 111 | 111 | | New section |
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| 112 | 112 | | |
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| 113 | 113 | | Sec. 4 |
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| 114 | 114 | | |
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| 115 | 115 | | January 1, 2011 |
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| 116 | 116 | | |
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| 117 | 117 | | New section |
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| 118 | 118 | | |
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| 119 | 119 | | Sec. 5 |
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| 120 | 120 | | |
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| 121 | 121 | | January 1, 2011 |
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| 122 | 122 | | |
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| 123 | 123 | | 20-452 |
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| 124 | 124 | | |
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| 125 | 125 | | Sec. 6 |
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| 126 | 126 | | |
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| 127 | 127 | | January 1, 2011 |
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| 128 | 128 | | |
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| 129 | 129 | | 20-457(d) |
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| 130 | 130 | | |
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| 131 | 131 | | |
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| 132 | 132 | | |
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| 133 | 133 | | GL Joint Favorable Subst. |
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| 134 | 134 | | GAE Joint Favorable |
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