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OLR Bill Analysis
HB 6538
AN ACT MAKING REVISIONS TO THE COMMON INTEREST
OWNERSHIP ACT.
SUMMARY
This bill makes various revisions to the Common Interest
Ownership Act (CIOA).
It allows unit owner meetings, and votes at these meetings, to be
held by telephone, video, or other conferencing process unless the
association’s declaration or bylaws prohibit it. By contrast, current
statute allows meetings in this manner only if the declaration or
bylaws authorize it.
As under current statute, (1) the meeting notice must state the
conferencing process to be used and how unit owners may participate
and (2) the process must provide all unit owners the opportunity to
hear the discussion and offer comments on relevant matters. Under
existing law, unchanged by the bill, unit-owner votes conducted
without a meeting may occur by electronic or paper ballot.
The bill specifies that the standard CIOA rules for unit-owner
meetings apply to in-person, electronic, or combined in-person and
electronic meetings.
(In May 2020, the governor issued an executive order allowing unit-
owner and board meetings and votes under CIOA to be held
electronically under these same procedures, despite any contrary
provisions in the declaration or bylaws (EO 7HH, § 2).)
Additionally, the bill:
1. gives associations more time to produce records for
examination or copying by unit owners or their agents, and 2021HB-06538-R000473-BA.DOCX
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specifically allows the records to be presented electronically;
and
2. eliminates the requirement for associations to send hearing and
decision notices by certified mail.
The bill also makes minor, technical, and conforming changes.
EFFECTIVE DATE: Upon passage
§ 3 — ASSOCIATION RECORDS
By law, common interest community a ssociations must keep
various records and make them available to unit owners. Subject to
certain exceptions, the association must make these records available
for examination and copying by unit owners or their authorized agents
(1) during reasonable business hours or at a mutually convenient time
and location and (2) upon specified notice in a record reasonably
identifying the specific records requested.
The bill (1) specifically allows these records to be made available for
examination in person or electronically and (2) extends the required
notice period from five to 30 days.
It requires the association, within five business days after receiving
the request, to provide the unit owner or agent with two dates at
which the records may be available for examination or copying.
The bill also specifies that the association’s declaration or bylaws
cannot override these record access provisions.
§ 4 — HEARING AND DECISION NOTICES
The bill eliminates the current requirement that common interest
community associations provide the appropriate unit owner with
board hearing notices and related decisions by certified mail in
addition to regular mail. It also specifies that these notice provisions,
and the existing deadlines, apply despite any contrary provisions in
the association’s declaration or bylaws.
Specifically, the bill applies to mailing notices and decisions for the 2021HB-06538-R000473-BA.DOCX
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following hearings:
1. those that are generally required before an association may
bring an action or proceeding against a unit owner, and
2. those that a unit owner requested when seeking to enforce
CIOA or association governing documents.
BACKGROUND
Common Interest Ownership Act
CIOA governs condominiums and other common interest
communities formed in Connecticut on and after January 1, 1984 (CGS
§ 47-200 et seq.). Certain CIOA provisions also apply to common
interest communities created in Connecticut before January 1, 1984, but
do not invalidate existing provisions of the communities’ governing
instruments. Common interest communities created before that date
can amend their governing instruments to conform to portions of
CIOA that do not automatically apply (CGS §§ 47-214, 216 & 218).
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 36 Nay 1 (03/29/2021)