Connecticut 2021 Regular Session

Connecticut House Bill HB06538 Latest Draft

Bill / Chaptered Version Filed 06/25/2021

                             
 
 
House Bill No. 6538 
 
Public Act No. 21-169 
 
 
AN ACT MAKING REVISIONS TO THE COMMON INTEREST 
OWNERSHIP ACT. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsection (a) of section 47-250 of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective from 
passage): 
(a) The following requirements apply to unit owner meetings: 
(1) An association shall hold a meeting of unit owners annually at a 
time, date and place stated in or fixed in accordance with the bylaws; 
(2) An association shall hold a special meeting of unit owners if its 
president, a majority of the executive board, or unit owners having at 
least twenty per cent, or any lower percentage specified in the bylaws, 
of the votes in the association request that the secretary call the meeting. 
If the association does not notify unit owners of a special meeting within 
fifteen days after the requisite number or percentage of unit owners 
request the secretary to do so, the requesting members may directly 
notify the unit owners of the meeting. Only matters described in the 
meeting notice required by subdivision (3) of this subsection may be 
considered at a special meeting;  House Bill No. 6538 
 
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(3) An association shall notify unit owners of the time, date and place 
of each annual and special meeting of unit owners not less than ten days 
or more than sixty days before the meeting date. Notice may be by any 
means described in section 47-261c. The notice of any meeting shall state 
the time, date and place of the meeting and the items on the agenda, 
including (A) a statement of the general nature of any proposed 
amendment to the declaration or bylaws, (B) any budget changes, and 
(C) any proposal to remove an officer or member of the executive board; 
(4) Unit owners shall be given a reasonable opportunity at any 
meeting to comment regarding any matter affecting the common 
interest community or the association; and 
(5) [The] Unless prohibited by the declaration or bylaws, [may allow 
for] meetings of unit owners [to] may be conducted by telephonic, video 
or other conferencing process if the alternative process is consistent with 
subdivision (7) of subsection (b) of this section. 
Sec. 2. Subsections (a) and (b) of section 47-252 of the general statutes 
are repealed and the following is substituted in lieu thereof (Effective 
from passage): 
(a) Unless prohibited or limited by the declaration or bylaws, unit 
owners may vote (1) at a meeting in person [,] or electronically, (2) by a 
proxy pursuant to subsection (c) of this section or, (3) when a vote is 
conducted without a meeting, by electronic or paper ballot pursuant to 
subsection (d) of this section. 
(b) At [either] a meeting of unit owners conducted in person, 
electronically or both in person and electronically, or in a vote 
conducted without a meeting, the following requirements apply: 
(1) If only one of several owners of a unit is present at a meeting of 
the association or participating in the vote without a meeting, that 
owner is entitled to cast all the votes allocated to that unit. If more than  House Bill No. 6538 
 
Public Act No. 21-169 	3 of 6 
 
one of the owners are present at the meeting or participating in the vote 
without a meeting, the votes allocated to that unit may be cast only in 
accordance with the agreement of a majority in interest of the owners, 
unless the declaration expressly provides otherwise. There is majority 
agreement if any one of the owners casts the votes allocated to the unit 
without protest being made promptly to the person presiding over the 
meeting by any of the other owners of the unit. 
(2) Except as otherwise provided in this subsection, unless a greater 
number or fraction of the votes in the association is required by this 
chapter or other law or the declaration, a majority of the votes cast is the 
decision of the unit owners. 
(3) Unless a greater number or fraction of the votes in the association 
is required by the declaration, bylaws or certificate of incorporation of 
the association, directors shall be elected by a plurality of the votes cast 
by the unit owners. If the declaration, bylaws or certificate of 
incorporation of the association requires any or all directors to be elected 
by unit owners of a specified group or class of units, then such directors 
shall be elected by a plurality of the votes cast by the unit owners of 
units of such group or class of units. The provisions of this subdivision 
shall not apply to directors who may be appointed by the declarant or 
under subsection (g) of section 47-245. 
(4) If the declaration, bylaws or certificate of incorporation of the 
association provide for the election of officers by the unit owners, then 
unless a greater number or fraction of the votes in the association is 
required by the declaration, bylaws or certificate of incorporation of the 
association, officers shall be elected by a plurality of the votes cast by 
the unit owners. If the declaration, bylaws or certificate of incorporation 
of the association requires any or all officers to be elected by unit owners 
of a specified group or class of units, then such officers shall be elected 
by a plurality of the votes cast by the unit owners of units of such group 
or class of units. The provisions of this subdivision shall not apply to  House Bill No. 6538 
 
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directors who may be appointed by the declarant or under subsection 
(g) of section 47-245. 
Sec. 3. Subsection (b) of section 47-260 of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective from 
passage): 
(b) [Subject] Notwithstanding any provision of the declaration or 
bylaws to the contrary, and subject to subsections (c) and (d) of this 
section, all records retained by an association shall be available for 
examination in person or electronically and for copying by a unit owner 
or the owner's authorized agent: 
(1) During reasonable business hours or at a mutually convenient 
time and location; and 
(2) Upon [five] thirty days' notice in a record reasonably identifying 
the specific records of the association requested, provided the 
association shall, not later than five business days following the date of 
receiving such notice, provide the requesting unit owner or owner's 
authorized agent with two dates on which the records may be 
examined, copied, or both. 
Sec. 4. Section 47-278 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
(a) A declarant, association, unit owner or any other person subject 
to this chapter may bring an action to enforce a right granted or 
obligation imposed by this chapter, the declaration or the bylaws. The 
court may award reasonable attorney's fees and costs. 
(b) Parties to a dispute arising under this chapter, the declaration or 
the bylaws may agree to resolve the dispute by any form of binding or 
nonbinding alternative dispute resolution, provided: (1) A declarant 
may agree with the association to do so only after the period of declarant  House Bill No. 6538 
 
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control has expired; and (2) an agreement to submit to any form of 
binding alternative dispute resolution must be in a record authenticated 
by the parties. 
(c) (1) (A) [Except] Notwithstanding any provision of the declaration 
or bylaws to the contrary, and except as otherwise provided under 
subdivision (2) of this subsection, before an association brings an action 
or institutes a proceeding against a unit owner other than a declarant, 
the association shall schedule a hearing to be held during a regular or 
special meeting of the executive board and shall send a written notice 
[by certified mail, return receipt requested, and] by regular mail, to the 
unit owner at least ten business days prior to the date of such hearing. 
Such notice shall include a statement of the nature of the claim against 
the unit owner and the date, time and place of the hearing. 
(B) The unit owner shall have the right to give testimony orally or in 
writing at the hearing, either personally or through a representative, 
and the executive board shall consider such testimony in making a 
decision whether to bring an action or institute a proceeding against 
such unit owner. 
(C) [The] Notwithstanding any provision of the declaration or bylaws 
to the contrary, the executive board shall make such decision and the 
association shall send such decision in writing [by certified mail, return 
receipt requested, and] by regular mail, to the unit owner, not later than 
thirty days after the date on which the hearing concludes. 
(2) The provisions of subdivision (1) of this subsection shall not apply 
to an action brought by an association against a unit owner (A) to 
prevent immediate and irreparable harm, or (B) to foreclose a lien for an 
assessment attributable to a unit or fines imposed against a unit owner 
pursuant to section 47-258. 
(d) (1) Any unit owner other than a declarant, seeking to enforce a  House Bill No. 6538 
 
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right granted or obligation imposed by this chapter, the declaration or 
the bylaws against the association or another unit owner other than a 
declarant, may submit a written request to the association for a hearing 
before the executive board. Such request shall include a statement of the 
nature of the claim against the association or another unit owner. 
(2) [Not] Notwithstanding any provision of the declaration or bylaws 
to the contrary, not later than thirty days after the date on which the 
association receives such request, the association shall schedule a 
hearing to be held during a regular or special meeting of the executive 
board and shall send written notice [by certified mail, return receipt 
requested, and] by regular mail, to the unit owner at least ten business 
days prior to the date of such hearing. Such notice shall include the date, 
time and place of the hearing. Such hearing shall be held not later than 
forty-five days after the date on which the association receives such 
request. 
(3) [The] Notwithstanding any provision of the declaration or bylaws 
to the contrary, the executive board shall make a decision on the unit 
owner's claim and the association shall send such decision in writing [by 
certified mail, return receipt requested, and] by regular mail, to the unit 
owner, not later than thirty days after the date on which the hearing 
concludes. 
(4) The failure of the association to comply with the provisions of this 
subsection shall not affect a unit owner's right to bring an action 
pursuant to subsection (a) of this section.