Connecticut 2021 Regular Session

Connecticut House Bill HB06538 Compare Versions

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4-House Bill No. 6538
7+General Assembly Raised Bill No. 6538
8+January Session, 2021
9+LCO No. 3957
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6-Public Act No. 21-169
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12+Referred to Committee on JUDICIARY
13+
14+
15+Introduced by:
16+(JUD)
17+
718
819
920 AN ACT MAKING REVISIONS TO THE COMMON IN TEREST
1021 OWNERSHIP ACT.
1122 Be it enacted by the Senate and House of Representatives in General
1223 Assembly convened:
1324
14-Section 1. Subsection (a) of section 47-250 of the general statutes is
15-repealed and the following is substituted in lieu thereof (Effective from
16-passage):
17-(a) The following requirements apply to unit owner meetings:
18-(1) An association shall hold a meeting of unit owners annually at a
19-time, date and place stated in or fixed in accordance with the bylaws;
20-(2) An association shall hold a special meeting of unit owners if its
21-president, a majority of the executive board, or unit owners having at
22-least twenty per cent, or any lower percentage specified in the bylaws,
23-of the votes in the association request that the secretary call the meeting.
24-If the association does not notify unit owners of a special meeting within
25-fifteen days after the requisite number or percentage of unit owners
26-request the secretary to do so, the requesting members may directly
27-notify the unit owners of the meeting. Only matters described in the
28-meeting notice required by subdivision (3) of this subsection may be
29-considered at a special meeting; House Bill No. 6538
25+Section 1. Subsection (a) of section 47-250 of the general statutes is 1
26+repealed and the following is substituted in lieu thereof (Effective from 2
27+passage): 3
28+(a) The following requirements apply to unit owner meetings: 4
29+(1) An association shall hold a meeting of unit owners annually at a 5
30+time, date and place stated in or fixed in accordance with the bylaws; 6
31+(2) An association shall hold a special meeting of unit owners if its 7
32+president, a majority of the executive board, or unit owners having at 8
33+least twenty per cent, or any lower percentage specified in the bylaws, 9
34+of the votes in the association request that the secretary call the meeting. 10
35+If the association does not notify unit owners of a special meeting within 11
36+fifteen days after the requisite number or percentage of unit owners 12
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
34-of each annual and special meeting of unit owners not less than ten days
35-or more than sixty days before the meeting date. Notice may be by any
36-means described in section 47-261c. The notice of any meeting shall state
37-the time, date and place of the meeting and the items on the agenda,
38-including (A) a statement of the general nature of any proposed
39-amendment to the declaration or bylaws, (B) any budget changes, and
40-(C) any proposal to remove an officer or member of the executive board;
41-(4) Unit owners shall be given a reasonable opportunity at any
42-meeting to comment regarding any matter affecting the common
43-interest community or the association; and
44-(5) [The] Unless prohibited by the declaration or bylaws, [may allow
45-for] meetings of unit owners [to] may be conducted by telephonic, video
46-or other conferencing process if the alternative process is consistent with
47-subdivision (7) of subsection (b) of this section.
48-Sec. 2. Subsections (a) and (b) of section 47-252 of the general statutes
49-are repealed and the following is substituted in lieu thereof (Effective
50-from passage):
51-(a) Unless prohibited or limited by the declaration or bylaws, unit
52-owners may vote (1) at a meeting in person [,] or electronically, (2) by a
53-proxy pursuant to subsection (c) of this section or, (3) when a vote is
54-conducted without a meeting, by electronic or paper ballot pursuant to
55-subsection (d) of this section.
56-(b) At [either] a meeting of unit owners conducted in person,
57-electronically or both in person and electronically, or in a vote
58-conducted without a meeting, the following requirements apply:
59-(1) If only one of several owners of a unit is present at a meeting of
60-the association or participating in the vote without a meeting, that
61-owner is entitled to cast all the votes allocated to that unit. If more than House Bill No. 6538
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44+notify the unit owners of the meeting. Only matters described in the 14
45+meeting notice required by subdivision (3) of this subsection may be 15
46+considered at a special meeting; 16
47+(3) An association shall notify unit owners of the time, date and place 17
48+of each annual and special meeting of unit owners not less than ten days 18
49+or more than sixty days before the meeting date. Notice may be by any 19
50+means described in section 47-261c. The notice of any meeting shall state 20
51+the time, date and place of the meeting and the items on the agenda, 21
52+including (A) a statement of the general nature of any proposed 22
53+amendment to the declaration or bylaws, (B) any budget changes, and 23
54+(C) any proposal to remove an officer or member of the executive board; 24
55+(4) Unit owners shall be given a reasonable opportunity at any 25
56+meeting to comment regarding any matter affecting the common 26
57+interest community or the association; and 27
58+(5) [The] Unless prohibited by the declaration or bylaws, [may allow 28
59+for] meetings of unit owners [to] may be conducted by telephonic, video 29
60+or other conferencing process if the alternative process is consistent with 30
61+subdivision (7) of subsection (b) of this section. 31
62+Sec. 2. Subsections (a) and (b) of section 47-252 of the general statutes 32
63+are repealed and the following is substituted in lieu thereof (Effective 33
64+from passage): 34
65+(a) Unless prohibited or limited by the declaration or bylaws, unit 35
66+owners may vote (1) at a meeting in person [,] or electronically, (2) by a 36
67+proxy pursuant to subsection (c) of this section or, (3) when a vote is 37
68+conducted without a meeting, by electronic or paper ballot pursuant to 38
69+subsection (d) of this section. 39
70+(b) At [either] a meeting of unit owners conducted in person, 40
71+electronically or both in person and electronically, or in a vote 41
72+conducted without a meeting, the following requirements apply: 42
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
66-without a meeting, the votes allocated to that unit may be cast only in
67-accordance with the agreement of a majority in interest of the owners,
68-unless the declaration expressly provides otherwise. There is majority
69-agreement if any one of the owners casts the votes allocated to the unit
70-without protest being made promptly to the person presiding over the
71-meeting by any of the other owners of the unit.
72-(2) Except as otherwise provided in this subsection, unless a greater
73-number or fraction of the votes in the association is required by this
74-chapter or other law or the declaration, a majority of the votes cast is the
75-decision of the unit owners.
76-(3) Unless a greater number or fraction of the votes in the association
77-is required by the declaration, bylaws or certificate of incorporation of
78-the association, directors shall be elected by a plurality of the votes cast
79-by the unit owners. If the declaration, bylaws or certificate of
80-incorporation of the association requires any or all directors to be elected
81-by unit owners of a specified group or class of units, then such directors
82-shall be elected by a plurality of the votes cast by the unit owners of
83-units of such group or class of units. The provisions of this subdivision
84-shall not apply to directors who may be appointed by the declarant or
85-under subsection (g) of section 47-245.
86-(4) If the declaration, bylaws or certificate of incorporation of the
87-association provide for the election of officers by the unit owners, then
88-unless a greater number or fraction of the votes in the association is
89-required by the declaration, bylaws or certificate of incorporation of the
90-association, officers shall be elected by a plurality of the votes cast by
91-the unit owners. If the declaration, bylaws or certificate of incorporation
92-of the association requires any or all officers to be elected by unit owners
93-of a specified group or class of units, then such officers shall be elected
94-by a plurality of the votes cast by the unit owners of units of such group
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
100-(g) of section 47-245.
101-Sec. 3. Subsection (b) of section 47-260 of the general statutes is
102-repealed and the following is substituted in lieu thereof (Effective from
103-passage):
104-(b) [Subject] Notwithstanding any provision of the declaration or
105-bylaws to the contrary, and subject to subsections (c) and (d) of this
106-section, all records retained by an association shall be available for
107-examination in person or electronically and for copying by a unit owner
108-or the owner's authorized agent:
109-(1) During reasonable business hours or at a mutually convenient
110-time and location; and
111-(2) Upon [five] thirty days' notice in a record reasonably identifying
112-the specific records of the association requested, provided the
113-association shall, not later than five business days following the date of
114-receiving such notice, provide the requesting unit owner or owner's
115-authorized agent with two dates on which the records may be
116-examined, copied, or both.
117-Sec. 4. Section 47-278 of the general statutes is repealed and the
118-following is substituted in lieu thereof (Effective from passage):
119-(a) A declarant, association, unit owner or any other person subject
120-to this chapter may bring an action to enforce a right granted or
121-obligation imposed by this chapter, the declaration or the bylaws. The
122-court may award reasonable attorney's fees and costs.
123-(b) Parties to a dispute arising under this chapter, the declaration or
124-the bylaws may agree to resolve the dispute by any form of binding or
125-nonbinding alternative dispute resolution, provided: (1) A declarant
126-may agree with the association to do so only after the period of declarant House Bill No. 6538
80+the association or participating in the vote without a meeting, that 44
81+owner is entitled to cast all the votes allocated to that unit. If more than 45
82+one of the owners are present at the meeting or participating in the vote 46
83+without a meeting, the votes allocated to that unit may be cast only in 47
84+accordance with the agreement of a majority in interest of the owners, 48
85+unless the declaration expressly provides otherwise. There is majority 49
86+agreement if any one of the owners casts the votes allocated to the unit 50
87+without protest being made promptly to the person presiding over the 51
88+meeting by any of the other owners of the unit. 52
89+(2) Except as otherwise provided in this subsection, unless a greater 53
90+number or fraction of the votes in the association is required by this 54
91+chapter or other law or the declaration, a majority of the votes cast is the 55
92+decision of the unit owners. 56
93+(3) Unless a greater number or fraction of the votes in the association 57
94+is required by the declaration, bylaws or certificate of incorporation of 58
95+the association, directors shall be elected by a plurality of the votes cast 59
96+by the unit owners. If the declaration, bylaws or certificate of 60
97+incorporation of the association requires any or all directors to be elected 61
98+by unit owners of a specified group or class of units, then such directors 62
99+shall be elected by a plurality of the votes cast by the unit owners of 63
100+units of such group or class of units. The provisions of this subdivision 64
101+shall not apply to directors who may be appointed by the declarant or 65
102+under subsection (g) of section 47-245. 66
103+(4) If the declaration, bylaws or certificate of incorporation of the 67
104+association provide for the election of officers by the unit owners, then 68
105+unless a greater number or fraction of the votes in the association is 69
106+required by the declaration, bylaws or certificate of incorporation of the 70
107+association, officers shall be elected by a plurality of the votes cast by 71
108+the unit owners. If the declaration, bylaws or certificate of incorporation 72
109+of the association requires any or all officers to be elected by unit owners 73
110+of a specified group or class of units, then such officers shall be elected 74
111+by a plurality of the votes cast by the unit owners of units of such group 75
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
131-binding alternative dispute resolution must be in a record authenticated
132-by the parties.
133-(c) (1) (A) [Except] Notwithstanding any provision of the declaration
134-or bylaws to the contrary, and except as otherwise provided under
135-subdivision (2) of this subsection, before an association brings an action
136-or institutes a proceeding against a unit owner other than a declarant,
137-the association shall schedule a hearing to be held during a regular or
138-special meeting of the executive board and shall send a written notice
139-[by certified mail, return receipt requested, and] by regular mail, to the
140-unit owner at least ten business days prior to the date of such hearing.
141-Such notice shall include a statement of the nature of the claim against
142-the unit owner and the date, time and place of the hearing.
143-(B) The unit owner shall have the right to give testimony orally or in
144-writing at the hearing, either personally or through a representative,
145-and the executive board shall consider such testimony in making a
146-decision whether to bring an action or institute a proceeding against
147-such unit owner.
148-(C) [The] Notwithstanding any provision of the declaration or bylaws
149-to the contrary, the executive board shall make such decision and the
150-association shall send such decision in writing [by certified mail, return
151-receipt requested, and] by regular mail, to the unit owner, not later than
152-thirty days after the date on which the hearing concludes.
153-(2) The provisions of subdivision (1) of this subsection shall not apply
154-to an action brought by an association against a unit owner (A) to
155-prevent immediate and irreparable harm, or (B) to foreclose a lien for an
156-assessment attributable to a unit or fines imposed against a unit owner
157-pursuant to section 47-258.
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
120+(g) of section 47-245. 78
121+Sec. 3. Subsection (b) of section 47-260 of the general statutes is 79
122+repealed and the following is substituted in lieu thereof (Effective from 80
123+passage): 81
124+(b) [Subject] Notwithstanding any provision of the declaration or 82
125+bylaws to the contrary, and subject to subsections (c) and (d) of this 83
126+section, all records retained by an association shall be available for 84
127+examination in person or electronically and for copying by a unit owner 85
128+or the owner's authorized agent: 86
129+(1) During reasonable business hours or at a mutually convenient 87
130+time and location; and 88
131+(2) Upon [five] thirty days' notice in a record reasonably identifying 89
132+the specific records of the association requested, provided the 90
133+association shall, not later than five business days following the date of 91
134+receiving such notice, provide the requesting unit owner or owner's 92
135+authorized agent with two dates on which the records may be 93
136+examined, copied, or both. 94
137+Sec. 4. Section 47-278 of the general statutes is repealed and the 95
138+following is substituted in lieu thereof (Effective from passage): 96
139+(a) A declarant, association, unit owner or any other person subject 97
140+to this chapter may bring an action to enforce a right granted or 98
141+obligation imposed by this chapter, the declaration or the bylaws. The 99
142+court may award reasonable attorney's fees and costs. 100
143+(b) Parties to a dispute arising under this chapter, the declaration or 101
144+the bylaws may agree to resolve the dispute by any form of binding or 102
145+nonbinding alternative dispute resolution, provided: (1) A declarant 103
146+may agree with the association to do so only after the period of declarant 104
147+control has expired; and (2) an agreement to submit to any form of 105
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
163-the bylaws against the association or another unit owner other than a
164-declarant, may submit a written request to the association for a hearing
165-before the executive board. Such request shall include a statement of the
166-nature of the claim against the association or another unit owner.
167-(2) [Not] Notwithstanding any provision of the declaration or bylaws
168-to the contrary, not later than thirty days after the date on which the
169-association receives such request, the association shall schedule a
170-hearing to be held during a regular or special meeting of the executive
171-board and shall send written notice [by certified mail, return receipt
172-requested, and] by regular mail, to the unit owner at least ten business
173-days prior to the date of such hearing. Such notice shall include the date,
174-time and place of the hearing. Such hearing shall be held not later than
175-forty-five days after the date on which the association receives such
176-request.
177-(3) [The] Notwithstanding any provision of the declaration or bylaws
178-to the contrary, the executive board shall make a decision on the unit
179-owner's claim and the association shall send such decision in writing [by
180-certified mail, return receipt requested, and] by regular mail, to the unit
181-owner, not later than thirty days after the date on which the hearing
182-concludes.
183-(4) The failure of the association to comply with the provisions of this
184-subsection shall not affect a unit owner's right to bring an action
185-pursuant to subsection (a) of this section.
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155+by the parties. 107
156+(c) (1) (A) [Except] Notwithstanding any provision of the declaration 108
157+or bylaws to the contrary, and except as otherwise provided under 109
158+subdivision (2) of this subsection, before an association brings an action 110
159+or institutes a proceeding against a unit owner other than a declarant, 111
160+the association shall schedule a hearing to be held during a regular or 112
161+special meeting of the executive board and shall send a written notice 113
162+[by certified mail, return receipt requested, and] by regular mail, to the 114
163+unit owner at least ten business days prior to the date of such hearing. 115
164+Such notice shall include a statement of the nature of the claim against 116
165+the unit owner and the date, time and place of the hearing. 117
166+(B) The unit owner shall have the right to give testimony orally or in 118
167+writing at the hearing, either personally or through a representative, 119
168+and the executive board shall consider such testimony in making a 120
169+decision whether to bring an action or institute a proceeding against 121
170+such unit owner. 122
171+(C) [The] Notwithstanding any provision of the declaration or bylaws 123
172+to the contrary, the executive board shall make such decision and the 124
173+association shall send such decision in writing [by certified mail, return 125
174+receipt requested, and] by regular mail, to the unit owner, not later than 126
175+thirty days after the date on which the hearing concludes. 127
176+(2) The provisions of subdivision (1) of this subsection shall not apply 128
177+to an action brought by an association against a unit owner (A) to 129
178+prevent immediate and irreparable harm, or (B) to foreclose a lien for an 130
179+assessment attributable to a unit or fines imposed against a unit owner 131
180+pursuant to section 47-258. 132
181+(d) (1) Any unit owner other than a declarant, seeking to enforce a 133
182+right granted or obligation imposed by this chapter, the declaration or 134
183+the bylaws against the association or another unit owner other than a 135
184+declarant, may submit a written request to the association for a hearing 136
185+before the executive board. Such request shall include a statement of the 137 Raised Bill No. 6538
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187+
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192+nature of the claim against the association or another unit owner. 138
193+(2) [Not] Notwithstanding any provision of the declaration or bylaws 139
194+to the contrary, not later than thirty days after the date on which the 140
195+association receives such request, the association shall schedule a 141
196+hearing to be held during a regular or special meeting of the executive 142
197+board and shall send written notice [by certified mail, return receipt 143
198+requested, and] by regular mail, to the unit owner at least ten business 144
199+days prior to the date of such hearing. Such notice shall include the date, 145
200+time and place of the hearing. Such hearing shall be held not later than 146
201+forty-five days after the date on which the association receives such 147
202+request. 148
203+(3) [The] Notwithstanding any provision of the declaration or bylaws 149
204+to the contrary, the executive board shall make a decision on the unit 150
205+owner's claim and the association shall send such decision in writing [by 151
206+certified mail, return receipt requested, and] by regular mail, to the unit 152
207+owner, not later than thirty days after the date on which the hearing 153
208+concludes. 154
209+(4) The failure of the association to comply with the provisions of this 155
210+subsection shall not affect a unit owner's right to bring an action 156
211+pursuant to subsection (a) of this section. 157
212+This act shall take effect as follows and shall amend the following
213+sections:
214+
215+Section 1 from passage 47-250(a)
216+Sec. 2 from passage 47-252(a) and (b)
217+Sec. 3 from passage 47-260(b)
218+Sec. 4 from passage 47-278
219+
220+JUD Joint Favorable
186221