Connecticut 2021 Regular Session

Connecticut House Bill HB06538 Compare Versions

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Version 2 (New)

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4		-	House Bill No. 6538
	7	+	General Assembly Raised Bill No. 6538
	8	+	January Session, 2021
	9	+	LCO No. 3957
5	10
6		-	Public Act No. 21-169
	11	+
	12	+	Referred to Committee on JUDICIARY
	13	+
	14	+
	15	+	Introduced by:
	16	+	(JUD)
	17	+
7	18
8	19
9	20		AN ACT MAKING REVISIONS TO THE COMMON IN TEREST
10	21		OWNERSHIP ACT.
11	22		Be it enacted by the Senate and House of Representatives in General
12	23		Assembly convened:
13	24
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15		-	repealed and the following is substituted in lieu thereof (Effective from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	26	+	repealed and the following is substituted in lieu thereof (Effective from 2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
30	38
31		-	Public Act No. 21-169 2 of 6
32	39
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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62	43
63		-	Public Act No. 21-169 3 of 6
	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
64	74
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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97		-	Public Act No. 21-169 4 of 6
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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
127	113
128		-	Public Act No. 21-169 5 of 6
129	114
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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160		-	Public Act No. 21-169 6 of 6
	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
161	149
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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	154	+
	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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	191	+
	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
186	221