O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-169—HB 6538
Judiciary Committee
AN ACT MAKING REVISI ONS TO THE COMMON IN TEREST
OWNERSHIP ACT
SUMMARY: This act 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, prior law allowed meetings in this
way only if the declaration or bylaws authorized it.
As under prior law, (1) the meeting notice must state the conferencing process
to be used and how unit owners can participate and (2) the process must provide
all unit owners the opportunity to hear the discussion and offer comments on
relevant matters. The act specifies that the standard CIOA rules for unit owner
meetings apply to in-person, electronic, or combined in-person and electronic
meetings.
Additionally, the act:
1. gives associations more time to produce records for examination or
copying by unit owners or their agents, and 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 act also makes minor, technical, and conforming changes.
EFFECTIVE DATE: Upon passage
§ 3 — ASSOCIATION RECORDS
By law, common interest community associations 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 notice in a record reasonably
identifying the specific records requested.
The act (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, copying, or both.
The act also specifies that the association’s declaration or bylaws cannot
override these record access provisions. O L R P U B L I C A C T S U M M A R Y
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§ 4 — HEARING AND DECISION NOTICES
The act eliminates the prior 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 act applies to mailing notices and decisions for the following
hearings:
1. those generally required before an association can 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 (including those amended by this act) 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).