14 | | - | Section 1. Subsection (a) of section 47-250 of the general statutes is |
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15 | | - | repealed and the following is substituted in lieu thereof (Effective from |
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16 | | - | passage): |
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17 | | - | (a) The following requirements apply to unit owner meetings: |
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18 | | - | (1) An association shall hold a meeting of unit owners annually at a |
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19 | | - | time, date and place stated in or fixed in accordance with the bylaws; |
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20 | | - | (2) An association shall hold a special meeting of unit owners if its |
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21 | | - | president, a majority of the executive board, or unit owners having at |
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22 | | - | least twenty per cent, or any lower percentage specified in the bylaws, |
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23 | | - | of the votes in the association request that the secretary call the meeting. |
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24 | | - | If the association does not notify unit owners of a special meeting within |
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25 | | - | fifteen days after the requisite number or percentage of unit owners |
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26 | | - | request the secretary to do so, the requesting members may directly |
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27 | | - | notify the unit owners of the meeting. Only matters described in the |
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28 | | - | meeting notice required by subdivision (3) of this subsection may be |
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29 | | - | considered at a special meeting; House Bill No. 6538 |
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| 25 | + | Section 1. Subsection (a) of section 47-250 of the general statutes is 1 |
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| 26 | + | repealed and the following is substituted in lieu thereof (Effective from 2 |
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| 27 | + | passage): 3 |
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| 28 | + | (a) The following requirements apply to unit owner meetings: 4 |
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| 29 | + | (1) An association shall hold a meeting of unit owners annually at a 5 |
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| 30 | + | time, date and place stated in or fixed in accordance with the bylaws; 6 |
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| 31 | + | (2) An association shall hold a special meeting of unit owners if its 7 |
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| 32 | + | president, a majority of the executive board, or unit owners having at 8 |
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| 33 | + | least twenty per cent, or any lower percentage specified in the bylaws, 9 |
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| 34 | + | of the votes in the association request that the secretary call the meeting. 10 |
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| 35 | + | If the association does not notify unit owners of a special meeting within 11 |
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| 36 | + | fifteen days after the requisite number or percentage of unit owners 12 |
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| 37 | + | request the secretary to do so, the requesting members may directly 13 Raised Bill No. 6538 |
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33 | | - | (3) An association shall notify unit owners of the time, date and place |
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34 | | - | of each annual and special meeting of unit owners not less than ten days |
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35 | | - | or more than sixty days before the meeting date. Notice may be by any |
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36 | | - | means described in section 47-261c. The notice of any meeting shall state |
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37 | | - | the time, date and place of the meeting and the items on the agenda, |
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38 | | - | including (A) a statement of the general nature of any proposed |
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39 | | - | amendment to the declaration or bylaws, (B) any budget changes, and |
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40 | | - | (C) any proposal to remove an officer or member of the executive board; |
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41 | | - | (4) Unit owners shall be given a reasonable opportunity at any |
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42 | | - | meeting to comment regarding any matter affecting the common |
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43 | | - | interest community or the association; and |
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44 | | - | (5) [The] Unless prohibited by the declaration or bylaws, [may allow |
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45 | | - | for] meetings of unit owners [to] may be conducted by telephonic, video |
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46 | | - | or other conferencing process if the alternative process is consistent with |
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47 | | - | subdivision (7) of subsection (b) of this section. |
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48 | | - | Sec. 2. Subsections (a) and (b) of section 47-252 of the general statutes |
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49 | | - | are repealed and the following is substituted in lieu thereof (Effective |
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50 | | - | from passage): |
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51 | | - | (a) Unless prohibited or limited by the declaration or bylaws, unit |
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52 | | - | owners may vote (1) at a meeting in person [,] or electronically, (2) by a |
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53 | | - | proxy pursuant to subsection (c) of this section or, (3) when a vote is |
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54 | | - | conducted without a meeting, by electronic or paper ballot pursuant to |
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55 | | - | subsection (d) of this section. |
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56 | | - | (b) At [either] a meeting of unit owners conducted in person, |
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57 | | - | electronically or both in person and electronically, or in a vote |
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58 | | - | conducted without a meeting, the following requirements apply: |
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59 | | - | (1) If only one of several owners of a unit is present at a meeting of |
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60 | | - | the association or participating in the vote without a meeting, that |
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61 | | - | owner is entitled to cast all the votes allocated to that unit. If more than House Bill No. 6538 |
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63 | | - | Public Act No. 21-169 3 of 6 |
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| 44 | + | notify the unit owners of the meeting. Only matters described in the 14 |
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| 45 | + | meeting notice required by subdivision (3) of this subsection may be 15 |
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| 46 | + | considered at a special meeting; 16 |
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| 47 | + | (3) An association shall notify unit owners of the time, date and place 17 |
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| 48 | + | of each annual and special meeting of unit owners not less than ten days 18 |
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| 49 | + | or more than sixty days before the meeting date. Notice may be by any 19 |
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| 50 | + | means described in section 47-261c. The notice of any meeting shall state 20 |
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| 51 | + | the time, date and place of the meeting and the items on the agenda, 21 |
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| 52 | + | including (A) a statement of the general nature of any proposed 22 |
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| 53 | + | amendment to the declaration or bylaws, (B) any budget changes, and 23 |
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| 54 | + | (C) any proposal to remove an officer or member of the executive board; 24 |
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| 55 | + | (4) Unit owners shall be given a reasonable opportunity at any 25 |
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| 56 | + | meeting to comment regarding any matter affecting the common 26 |
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| 57 | + | interest community or the association; and 27 |
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| 58 | + | (5) [The] Unless prohibited by the declaration or bylaws, [may allow 28 |
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| 59 | + | for] meetings of unit owners [to] may be conducted by telephonic, video 29 |
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| 60 | + | or other conferencing process if the alternative process is consistent with 30 |
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| 61 | + | subdivision (7) of subsection (b) of this section. 31 |
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| 62 | + | Sec. 2. Subsections (a) and (b) of section 47-252 of the general statutes 32 |
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| 63 | + | are repealed and the following is substituted in lieu thereof (Effective 33 |
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| 64 | + | from passage): 34 |
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| 65 | + | (a) Unless prohibited or limited by the declaration or bylaws, unit 35 |
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| 66 | + | owners may vote (1) at a meeting in person [,] or electronically, (2) by a 36 |
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| 67 | + | proxy pursuant to subsection (c) of this section or, (3) when a vote is 37 |
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| 68 | + | conducted without a meeting, by electronic or paper ballot pursuant to 38 |
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| 69 | + | subsection (d) of this section. 39 |
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| 70 | + | (b) At [either] a meeting of unit owners conducted in person, 40 |
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| 71 | + | electronically or both in person and electronically, or in a vote 41 |
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| 72 | + | conducted without a meeting, the following requirements apply: 42 |
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| 73 | + | (1) If only one of several owners of a unit is present at a meeting of 43 Raised Bill No. 6538 |
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65 | | - | one of the owners are present at the meeting or participating in the vote |
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66 | | - | without a meeting, the votes allocated to that unit may be cast only in |
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67 | | - | accordance with the agreement of a majority in interest of the owners, |
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68 | | - | unless the declaration expressly provides otherwise. There is majority |
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69 | | - | agreement if any one of the owners casts the votes allocated to the unit |
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70 | | - | without protest being made promptly to the person presiding over the |
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71 | | - | meeting by any of the other owners of the unit. |
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72 | | - | (2) Except as otherwise provided in this subsection, unless a greater |
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73 | | - | number or fraction of the votes in the association is required by this |
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74 | | - | chapter or other law or the declaration, a majority of the votes cast is the |
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75 | | - | decision of the unit owners. |
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76 | | - | (3) Unless a greater number or fraction of the votes in the association |
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77 | | - | is required by the declaration, bylaws or certificate of incorporation of |
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78 | | - | the association, directors shall be elected by a plurality of the votes cast |
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79 | | - | by the unit owners. If the declaration, bylaws or certificate of |
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80 | | - | incorporation of the association requires any or all directors to be elected |
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81 | | - | by unit owners of a specified group or class of units, then such directors |
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82 | | - | shall be elected by a plurality of the votes cast by the unit owners of |
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83 | | - | units of such group or class of units. The provisions of this subdivision |
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84 | | - | shall not apply to directors who may be appointed by the declarant or |
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85 | | - | under subsection (g) of section 47-245. |
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86 | | - | (4) If the declaration, bylaws or certificate of incorporation of the |
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87 | | - | association provide for the election of officers by the unit owners, then |
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88 | | - | unless a greater number or fraction of the votes in the association is |
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89 | | - | required by the declaration, bylaws or certificate of incorporation of the |
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90 | | - | association, officers shall be elected by a plurality of the votes cast by |
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91 | | - | the unit owners. If the declaration, bylaws or certificate of incorporation |
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92 | | - | of the association requires any or all officers to be elected by unit owners |
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93 | | - | of a specified group or class of units, then such officers shall be elected |
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94 | | - | by a plurality of the votes cast by the unit owners of units of such group |
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95 | | - | or class of units. The provisions of this subdivision shall not apply to House Bill No. 6538 |
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99 | | - | directors who may be appointed by the declarant or under subsection |
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100 | | - | (g) of section 47-245. |
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101 | | - | Sec. 3. Subsection (b) of section 47-260 of the general statutes is |
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102 | | - | repealed and the following is substituted in lieu thereof (Effective from |
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103 | | - | passage): |
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104 | | - | (b) [Subject] Notwithstanding any provision of the declaration or |
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105 | | - | bylaws to the contrary, and subject to subsections (c) and (d) of this |
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106 | | - | section, all records retained by an association shall be available for |
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107 | | - | examination in person or electronically and for copying by a unit owner |
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108 | | - | or the owner's authorized agent: |
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109 | | - | (1) During reasonable business hours or at a mutually convenient |
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110 | | - | time and location; and |
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111 | | - | (2) Upon [five] thirty days' notice in a record reasonably identifying |
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112 | | - | the specific records of the association requested, provided the |
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113 | | - | association shall, not later than five business days following the date of |
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114 | | - | receiving such notice, provide the requesting unit owner or owner's |
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115 | | - | authorized agent with two dates on which the records may be |
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116 | | - | examined, copied, or both. |
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117 | | - | Sec. 4. Section 47-278 of the general statutes is repealed and the |
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118 | | - | following is substituted in lieu thereof (Effective from passage): |
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119 | | - | (a) A declarant, association, unit owner or any other person subject |
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120 | | - | to this chapter may bring an action to enforce a right granted or |
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121 | | - | obligation imposed by this chapter, the declaration or the bylaws. The |
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122 | | - | court may award reasonable attorney's fees and costs. |
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123 | | - | (b) Parties to a dispute arising under this chapter, the declaration or |
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124 | | - | the bylaws may agree to resolve the dispute by any form of binding or |
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125 | | - | nonbinding alternative dispute resolution, provided: (1) A declarant |
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126 | | - | may agree with the association to do so only after the period of declarant House Bill No. 6538 |
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| 80 | + | the association or participating in the vote without a meeting, that 44 |
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| 81 | + | owner is entitled to cast all the votes allocated to that unit. If more than 45 |
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| 82 | + | one of the owners are present at the meeting or participating in the vote 46 |
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| 83 | + | without a meeting, the votes allocated to that unit may be cast only in 47 |
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| 84 | + | accordance with the agreement of a majority in interest of the owners, 48 |
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| 85 | + | unless the declaration expressly provides otherwise. There is majority 49 |
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| 86 | + | agreement if any one of the owners casts the votes allocated to the unit 50 |
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| 87 | + | without protest being made promptly to the person presiding over the 51 |
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| 88 | + | meeting by any of the other owners of the unit. 52 |
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| 89 | + | (2) Except as otherwise provided in this subsection, unless a greater 53 |
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| 90 | + | number or fraction of the votes in the association is required by this 54 |
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| 91 | + | chapter or other law or the declaration, a majority of the votes cast is the 55 |
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| 92 | + | decision of the unit owners. 56 |
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| 93 | + | (3) Unless a greater number or fraction of the votes in the association 57 |
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| 94 | + | is required by the declaration, bylaws or certificate of incorporation of 58 |
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| 95 | + | the association, directors shall be elected by a plurality of the votes cast 59 |
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| 96 | + | by the unit owners. If the declaration, bylaws or certificate of 60 |
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| 97 | + | incorporation of the association requires any or all directors to be elected 61 |
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| 98 | + | by unit owners of a specified group or class of units, then such directors 62 |
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| 99 | + | shall be elected by a plurality of the votes cast by the unit owners of 63 |
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| 100 | + | units of such group or class of units. The provisions of this subdivision 64 |
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| 101 | + | shall not apply to directors who may be appointed by the declarant or 65 |
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| 102 | + | under subsection (g) of section 47-245. 66 |
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| 103 | + | (4) If the declaration, bylaws or certificate of incorporation of the 67 |
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| 104 | + | association provide for the election of officers by the unit owners, then 68 |
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| 105 | + | unless a greater number or fraction of the votes in the association is 69 |
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| 106 | + | required by the declaration, bylaws or certificate of incorporation of the 70 |
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| 107 | + | association, officers shall be elected by a plurality of the votes cast by 71 |
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| 108 | + | the unit owners. If the declaration, bylaws or certificate of incorporation 72 |
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| 109 | + | of the association requires any or all officers to be elected by unit owners 73 |
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| 110 | + | of a specified group or class of units, then such officers shall be elected 74 |
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| 111 | + | by a plurality of the votes cast by the unit owners of units of such group 75 |
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| 112 | + | or class of units. The provisions of this subdivision shall not apply to 76 Raised Bill No. 6538 |
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130 | | - | control has expired; and (2) an agreement to submit to any form of |
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131 | | - | binding alternative dispute resolution must be in a record authenticated |
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132 | | - | by the parties. |
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133 | | - | (c) (1) (A) [Except] Notwithstanding any provision of the declaration |
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134 | | - | or bylaws to the contrary, and except as otherwise provided under |
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135 | | - | subdivision (2) of this subsection, before an association brings an action |
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136 | | - | or institutes a proceeding against a unit owner other than a declarant, |
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137 | | - | the association shall schedule a hearing to be held during a regular or |
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138 | | - | special meeting of the executive board and shall send a written notice |
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139 | | - | [by certified mail, return receipt requested, and] by regular mail, to the |
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140 | | - | unit owner at least ten business days prior to the date of such hearing. |
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141 | | - | Such notice shall include a statement of the nature of the claim against |
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142 | | - | the unit owner and the date, time and place of the hearing. |
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143 | | - | (B) The unit owner shall have the right to give testimony orally or in |
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144 | | - | writing at the hearing, either personally or through a representative, |
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145 | | - | and the executive board shall consider such testimony in making a |
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146 | | - | decision whether to bring an action or institute a proceeding against |
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147 | | - | such unit owner. |
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148 | | - | (C) [The] Notwithstanding any provision of the declaration or bylaws |
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149 | | - | to the contrary, the executive board shall make such decision and the |
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150 | | - | association shall send such decision in writing [by certified mail, return |
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151 | | - | receipt requested, and] by regular mail, to the unit owner, not later than |
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152 | | - | thirty days after the date on which the hearing concludes. |
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153 | | - | (2) The provisions of subdivision (1) of this subsection shall not apply |
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154 | | - | to an action brought by an association against a unit owner (A) to |
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155 | | - | prevent immediate and irreparable harm, or (B) to foreclose a lien for an |
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156 | | - | assessment attributable to a unit or fines imposed against a unit owner |
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157 | | - | pursuant to section 47-258. |
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158 | | - | (d) (1) Any unit owner other than a declarant, seeking to enforce a House Bill No. 6538 |
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| 119 | + | directors who may be appointed by the declarant or under subsection 77 |
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| 120 | + | (g) of section 47-245. 78 |
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| 121 | + | Sec. 3. Subsection (b) of section 47-260 of the general statutes is 79 |
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| 122 | + | repealed and the following is substituted in lieu thereof (Effective from 80 |
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| 123 | + | passage): 81 |
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| 124 | + | (b) [Subject] Notwithstanding any provision of the declaration or 82 |
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| 125 | + | bylaws to the contrary, and subject to subsections (c) and (d) of this 83 |
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| 126 | + | section, all records retained by an association shall be available for 84 |
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| 127 | + | examination in person or electronically and for copying by a unit owner 85 |
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| 128 | + | or the owner's authorized agent: 86 |
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| 129 | + | (1) During reasonable business hours or at a mutually convenient 87 |
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| 130 | + | time and location; and 88 |
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| 131 | + | (2) Upon [five] thirty days' notice in a record reasonably identifying 89 |
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| 132 | + | the specific records of the association requested, provided the 90 |
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| 133 | + | association shall, not later than five business days following the date of 91 |
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| 134 | + | receiving such notice, provide the requesting unit owner or owner's 92 |
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| 135 | + | authorized agent with two dates on which the records may be 93 |
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| 136 | + | examined, copied, or both. 94 |
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| 137 | + | Sec. 4. Section 47-278 of the general statutes is repealed and the 95 |
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| 138 | + | following is substituted in lieu thereof (Effective from passage): 96 |
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| 139 | + | (a) A declarant, association, unit owner or any other person subject 97 |
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| 140 | + | to this chapter may bring an action to enforce a right granted or 98 |
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| 141 | + | obligation imposed by this chapter, the declaration or the bylaws. The 99 |
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| 142 | + | court may award reasonable attorney's fees and costs. 100 |
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| 143 | + | (b) Parties to a dispute arising under this chapter, the declaration or 101 |
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| 144 | + | the bylaws may agree to resolve the dispute by any form of binding or 102 |
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| 145 | + | nonbinding alternative dispute resolution, provided: (1) A declarant 103 |
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| 146 | + | may agree with the association to do so only after the period of declarant 104 |
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| 147 | + | control has expired; and (2) an agreement to submit to any form of 105 |
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| 148 | + | binding alternative dispute resolution must be in a record authenticated 106 Raised Bill No. 6538 |
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162 | | - | right granted or obligation imposed by this chapter, the declaration or |
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163 | | - | the bylaws against the association or another unit owner other than a |
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164 | | - | declarant, may submit a written request to the association for a hearing |
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165 | | - | before the executive board. Such request shall include a statement of the |
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166 | | - | nature of the claim against the association or another unit owner. |
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167 | | - | (2) [Not] Notwithstanding any provision of the declaration or bylaws |
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168 | | - | to the contrary, not later than thirty days after the date on which the |
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169 | | - | association receives such request, the association shall schedule a |
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170 | | - | hearing to be held during a regular or special meeting of the executive |
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171 | | - | board and shall send written notice [by certified mail, return receipt |
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172 | | - | requested, and] by regular mail, to the unit owner at least ten business |
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173 | | - | days prior to the date of such hearing. Such notice shall include the date, |
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174 | | - | time and place of the hearing. Such hearing shall be held not later than |
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175 | | - | forty-five days after the date on which the association receives such |
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176 | | - | request. |
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177 | | - | (3) [The] Notwithstanding any provision of the declaration or bylaws |
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178 | | - | to the contrary, the executive board shall make a decision on the unit |
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179 | | - | owner's claim and the association shall send such decision in writing [by |
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180 | | - | certified mail, return receipt requested, and] by regular mail, to the unit |
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181 | | - | owner, not later than thirty days after the date on which the hearing |
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182 | | - | concludes. |
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183 | | - | (4) The failure of the association to comply with the provisions of this |
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184 | | - | subsection shall not affect a unit owner's right to bring an action |
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185 | | - | pursuant to subsection (a) of this section. |
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| 150 | + | |
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| 154 | + | |
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| 155 | + | by the parties. 107 |
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| 156 | + | (c) (1) (A) [Except] Notwithstanding any provision of the declaration 108 |
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| 157 | + | or bylaws to the contrary, and except as otherwise provided under 109 |
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| 158 | + | subdivision (2) of this subsection, before an association brings an action 110 |
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| 159 | + | or institutes a proceeding against a unit owner other than a declarant, 111 |
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| 160 | + | the association shall schedule a hearing to be held during a regular or 112 |
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| 161 | + | special meeting of the executive board and shall send a written notice 113 |
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| 162 | + | [by certified mail, return receipt requested, and] by regular mail, to the 114 |
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| 163 | + | unit owner at least ten business days prior to the date of such hearing. 115 |
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| 164 | + | Such notice shall include a statement of the nature of the claim against 116 |
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| 165 | + | the unit owner and the date, time and place of the hearing. 117 |
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| 166 | + | (B) The unit owner shall have the right to give testimony orally or in 118 |
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| 167 | + | writing at the hearing, either personally or through a representative, 119 |
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| 168 | + | and the executive board shall consider such testimony in making a 120 |
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| 169 | + | decision whether to bring an action or institute a proceeding against 121 |
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| 170 | + | such unit owner. 122 |
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| 171 | + | (C) [The] Notwithstanding any provision of the declaration or bylaws 123 |
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| 172 | + | to the contrary, the executive board shall make such decision and the 124 |
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| 173 | + | association shall send such decision in writing [by certified mail, return 125 |
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| 174 | + | receipt requested, and] by regular mail, to the unit owner, not later than 126 |
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| 175 | + | thirty days after the date on which the hearing concludes. 127 |
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| 176 | + | (2) The provisions of subdivision (1) of this subsection shall not apply 128 |
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| 177 | + | to an action brought by an association against a unit owner (A) to 129 |
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| 178 | + | prevent immediate and irreparable harm, or (B) to foreclose a lien for an 130 |
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| 179 | + | assessment attributable to a unit or fines imposed against a unit owner 131 |
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| 180 | + | pursuant to section 47-258. 132 |
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| 181 | + | (d) (1) Any unit owner other than a declarant, seeking to enforce a 133 |
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| 182 | + | right granted or obligation imposed by this chapter, the declaration or 134 |
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| 183 | + | the bylaws against the association or another unit owner other than a 135 |
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| 184 | + | declarant, may submit a written request to the association for a hearing 136 |
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| 185 | + | before the executive board. Such request shall include a statement of the 137 Raised Bill No. 6538 |
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| 186 | + | |
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| 187 | + | |
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| 191 | + | |
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| 192 | + | nature of the claim against the association or another unit owner. 138 |
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| 193 | + | (2) [Not] Notwithstanding any provision of the declaration or bylaws 139 |
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| 194 | + | to the contrary, not later than thirty days after the date on which the 140 |
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| 195 | + | association receives such request, the association shall schedule a 141 |
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| 196 | + | hearing to be held during a regular or special meeting of the executive 142 |
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| 197 | + | board and shall send written notice [by certified mail, return receipt 143 |
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| 198 | + | requested, and] by regular mail, to the unit owner at least ten business 144 |
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| 199 | + | days prior to the date of such hearing. Such notice shall include the date, 145 |
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| 200 | + | time and place of the hearing. Such hearing shall be held not later than 146 |
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| 201 | + | forty-five days after the date on which the association receives such 147 |
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| 202 | + | request. 148 |
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| 203 | + | (3) [The] Notwithstanding any provision of the declaration or bylaws 149 |
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| 204 | + | to the contrary, the executive board shall make a decision on the unit 150 |
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| 205 | + | owner's claim and the association shall send such decision in writing [by 151 |
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| 206 | + | certified mail, return receipt requested, and] by regular mail, to the unit 152 |
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| 207 | + | owner, not later than thirty days after the date on which the hearing 153 |
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| 208 | + | concludes. 154 |
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| 209 | + | (4) The failure of the association to comply with the provisions of this 155 |
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| 210 | + | subsection shall not affect a unit owner's right to bring an action 156 |
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| 211 | + | pursuant to subsection (a) of this section. 157 |
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| 212 | + | This act shall take effect as follows and shall amend the following |
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| 213 | + | sections: |
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| 214 | + | |
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| 215 | + | Section 1 from passage 47-250(a) |
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| 216 | + | Sec. 2 from passage 47-252(a) and (b) |
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| 217 | + | Sec. 3 from passage 47-260(b) |
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| 218 | + | Sec. 4 from passage 47-278 |
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| 219 | + | |
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| 220 | + | JUD Joint Favorable |
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