Sec. 47-71b. Public offering statement. A public offering statement, issued pursuant to section 47-74f, shall disclose fully and accurately the characteristics of the
condominium and shall make known to prospective purchasers all unusual and material
circumstances or features affecting such condominiums. The public offering statement
shall include the following: (1) The name and principal address of the declarant and the
condominium; (2) a narrative description of the condominium, stating the total number
of units to be sold and rented; and the total number of units that may be included in the
condominium by reason of future expansion or merger of the condominium by the
declarant; (3) copies of any management contract of agreement affecting the use, maintenance or access of all or part of any condominium with a brief narrative statement of
the effect of each such agreement upon a purchaser, and a statement of the relationship,
if any, between the declarant and the managing agent or firm; (4) a general description
of the status of construction, zoning site plan approval, issuance of building permits, or
compliance with any other state or local statute, ordinance or regulation affecting the
condominium; (5) the significant terms of any encumbrances, easements, liens and matters of title affecting the condominiums; (6) the significant terms of any financing offered
by the declarant to purchasers of units in the condominium; (7) the provisions of any
warranties, including the warranties required by section 47-74e, on the units and common elements; (8) a schedule of the common expenses appertaining to each unit to
be paid initially by each unit owner, during the twelve-month period following initial
occupancy of the first unit to be sold to a unit owner other than the declarant, the total
of which charges shall not be increased during such twelve-month period by more than
ten per cent over the total of all charges set forth in such schedule, unless a majority of
the unit owners other than the declarant, voting at a meeting duly called for that purpose,
approve such increase; (9) whether membership in, or use of, the recreation facilities
is, or is to be available to persons other than unit owners, and, if so, the terms and
conditions of such use or membership; (10) a statement that the purchaser may cancel
the nonbinding reservation or contract for the disposition, as the case may be, pursuant
to subsections (b) and (c) of section 47-74f; (11) if the disposition of a condominium
unit is to be in the form of an agreement by the declarant to lease the unit to the purchaser
in exchange for a lump sum initial payment, a copy of the proposed lease from which
the actual lease may deviate only as to identity and type of unit, price and periodic rental;
(12) copies of instruments which will be delivered to the purchaser to evidence his
interest in the condominium unit and any other agreements which the purchaser will be
required to sign; (13) after all the statements required in this subsection have been included, a statement in substantially the following form which at the declarant's option
may be in boldface type or capital letters: THE STATEMENTS SET FORTH ABOVE
ARE ONLY SUMMARY IN NATURE. A PROSPECTIVE PURCHASER SHOULD
REFER TO ALL REFERENCES AS WELL AS THE ENTIRE SET OF DISCLOSURE
MATERIALS AND HIS PURCHASE CONTRACT. ALL DISCLOSURE MATERIALS AND CONTRACTS ARE IMPORTANT DOCUMENTS AND IF NOT UNDERSTOOD, THE PROSPECTIVE PURCHASER SHOULD SEEK COMPETENT ADVICE; (14) in a leasehold condominium, a schedule of the lease rentals to be paid by
each unit owner during the full lease term, the basis for such rental, the method to be
used for subsequent determination of any increases of lease rentals, and the total amount
to be paid by each unit owner at the time of the exercise of the option to purchase the
fee simple title to the demised property.
(P.A. 76-308, S. 31, 36.)
See Sec. 47-90c re effective date and applicability of chapter.
Sec. 47-72. Deeds of units. Leases. Conveyance of title from declarant to any unit
or leasehold other than to a successor declarant, or other than by mortgage, judicial
proceedings, foreclosure, or proceedings or deed in lieu of foreclosure, shall be by warranty deed or lease, conveying to the purchaser of such unit an indefeasible title in fee
simple absolute or leasehold estate to the unit and to the percentage of undivided interest
in the common elements appertaining to the unit, subject only to covenants, easements
and liens pursuant to section 47-70 and shall not reserve to the seller or to any third
party any leasehold or reversionary interest in a fee simple condominium. Deeds or
leases of units shall include the following particulars:
(a) A description of the land as provided in section 47-71 or the date, title of and
reference to the survey describing such land;
(b) The date of the effective declaration, and all effective amendments thereto, and
the volume and page of the land records where recorded;
(c) The identification of the unit in the declaration;
(d) Any further details which the grantor and grantee may deem desirable to set
forth consistent with the condominium instruments and this chapter.
(1963, P.A. 605, S. 11; 1971, P.A. 813, S. 6; P.A. 76-308, S. 5, 36.)
History: 1971 act deleted the requirement that the percentage of undivided interest appertaining to the unit in the
common areas and facilities appear in the deed; P.A. 76-308 required that conveyance be by warranty deed or lease and
prohibited reservations by the seller or any third party of any leasehold or reversionary interest in a fee simple condominium.
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 196 C. 596, 601, 611.
Sec. 47-73. Unit as real property. Each unit, together with its undivided interest
in the common elements, shall for all purposes constitute real property.
(1963, P.A. 605, S. 4; P.A. 76-308, S. 6, 36.)
History: P.A. 76-308 changed the term "common areas and facilities" to "common elements", see Sec. 47-90c.
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 196 C. 596, 604, 610, 612.
Sec. 47-73a. Boundaries, encroachments and easements. (a) The existing physical boundaries, as defined in the condominium instruments, of any unit or common
element constructed or reconstructed in substantial conformity with the condominium
plans shall be conclusively presumed to be its boundaries, regardless of the shifting,
settlement, or lateral movement of any building and regardless of minor variations between the physical boundaries as described in the declaration or shown on the condominium plan and the existing physical boundaries of any such unit or common element.
This presumption applies only to encroachments within the condominium.
(b) If any portion of any common element encroaches on any unit or if any portion
of a unit encroaches on any common element, as a result of the duly authorized construction or repair of a building, a valid easement for the encroachment and for the maintenance of the same shall exist so long as the building stands. The purpose of this section
is to protect the unit owners, except in cases of wilful and intentional misconduct by
them or their agent or employees, and not to relieve the declarant or any contractor,
subcontractor, or materialman of any liability which any of them may have by reason
of any failure to adhere substantially to the survey maps and plans.
(c) If any part of a condominium is destroyed partially or totally as a result of fire
or other casualty or as a result of condemnation or eminent domain proceedings, and
then is reconstructed as authorized in this chapter, encroachment of any condominium
unit on any common element, due to such reconstruction, shall be permitted, and valid
easements for such encroachments and the maintenance of them shall exist so long as
the building stands.
(d) Subject to any restrictions and limitations the condominium instruments may
specify, the declarant and the association of unit owners shall have a transferable easement over and on the common elements for the purpose of making improvements on
the condominium parcel and any additional land pursuant to the provisions of those
instruments and of this chapter, and for the purpose of doing all things reasonably necessary and proper in connection therewith.
(e) The declarant and his duly authorized agents, representatives, and employees
may maintain sales offices and model units on the condominium parcel if and only if
the condominium instruments provide for the same and specify the rights of the declarant
with regard to the number, size, location and relocation thereof. Any such sales office
or model unit which is not designated a unit by the condominium instruments shall
become a common element as soon as the declarant ceases to be a unit owner, and the
declarant shall cease to have any rights with regard thereto unless such sales office or
model unit is removed forthwith from the condominium parcel in accordance with a
right reserved in the condominium instruments to make such removal.
(f) The conveyance or other disposition of a condominium unit shall include and
grant, and be subject to, any easement arising under the provisions of this section without
specific or particular reference to the easement.
(P.A. 76-308, S. 8, 36.)
See Sec. 47-90c re effective date and applicability of chapter.
Sec. 47-74. Rights of unit owners. (a) Each unit owner shall be entitled to the
exclusive ownership and possession of his unit.
(b) (1) Each unit owner shall own an undivided interest in the common elements,
in the percentage expressed in the declaration. Such percentage shall be computed on
any of the following bases, or a combination thereof, provided that the declaration shall
fully set forth the manner in which the percentage appertaining to each unit is ascertained:
(A) The fair value of each unit at the date of the declaration in relation to the fair value
of all the units having an interest in the common elements; (B) the size of each unit, as
shown in the plans filed with the condominium instruments, in relation to the size of
all of the units having any interest in the common elements; or (C) that the percentage
appertaining to each unit, or to each unit within separate classifications, is to be identical.
(2) The declaration may contain provisions relating to the appropriation, taking or condemnation by eminent domain by a federal, state or local government, or instrumentality
thereof, including, but not limited to, reapportionment or other change of the common
interest appurtenant to each unit or portion thereof remaining after a partial appropriation, taking or condemnation. The percentage of the undivided interest in the common
elements shall not be separated from the unit to which it appertains and shall be deemed
to be conveyed or encumbered with the unit even though such interest is not expressly
mentioned or described in the conveyance or other instrument. (3) The common elements
shall remain undivided and no unit owner or any other person shall bring any action for
partition or division of any part thereof, unless the property has been removed from the
provisions of this chapter and any covenant or provision in the condominium instruments
or other document to the contrary shall be null and void, provided, that the unit owners
may vote to sever all or part of the recreation facilities from the common elements and
convey the same to a nonstock corporation pursuant to section 47-74c. (4) Each unit
owner may use the common elements in accordance with the purpose for which they
were intended, without hindering or encroaching upon the lawful rights of the other unit
owners and, except as provided in the condominium instruments, the common elements
shall be subject to mutual rights of support, access, use and enjoyment by all unit owners.
Any portion of the common elements designated as limited common elements shall be
used only by the owner or owners of the unit or units to which their use is limited in the
condominium instruments, provided, that any unit owner of a unit to which the use of
any limited common element is restricted may lease or license the use of the limited
common element to any other unit owner, for an initial period of not more than one
year. (5) The necessary work of maintenance, repair and replacement of the common
elements and the making of any additions or improvements thereto shall be carried out
only as provided herein and in the declaration and in the bylaws. (6) The declarant and
the association of unit owners shall have the right, to be exercised by their duly authorized
agents, to have access to each unit from time to time during reasonable hours as may
be necessary for the maintenance, repair or replacement of any of the common elements
therein or accessible therefrom, or for making emergency repairs therein necessary to
prevent damage to the common elements or to another unit or units and the condominium
instruments may contain such reasonable rules and regulations for the administration
of this provision as the privacy and the protection of such units and their contents from
burglary or larceny and from fire or other casualty may require.
(c) The undivided interests in the common elements within any land added to the
condominium pursuant to section 47-71a shall not be allocated until surveys and plans
showing the same are recorded pursuant to said section 47-71a. Simultaneously with
the recording of such survey and plans, the declarant shall execute and record an amendment to the declaration reallocating undivided interests in the common elements so that
the units shown on such survey and plans shall be allocated undivided interests in the
common elements on the same basis as the units shown on the survey and plans recorded
simultaneously with the declaration pursuant to section 47-71.
(1963, P.A. 605, S. 5, 6; 1971, P.A. 743; 813, S. 7; June, 1971, P.A. 7, S. 2; P.A. 76-308, S. 11, 36.)
History: 1971 acts made changes in the method of assessing the common elements; P.A. 76-308 permitted three alternative methods by which the undivided interest in the common elements may be initially determined.
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 177 C. 295, 302.
Subsec. (b):
Subdivision (1) cited. 35 CS 199, 204.
Sec. 47-74a. Board of directors of unit owners association. Election by unit
owners other than declarant; when. Declarant to relinquish control; when. (a)
When unit owners other than the declarant own more than one-third of the units in the
condominium, they shall be entitled to elect not less than one-third of the members of
the board of directors of the unit owners' association. Unit owners other than the declarant shall elect not less than a majority of the members of the board of directors of the
unit owners' association not later than five years after the date of the recording of the
original declaration, and, prior to the expiration of such five-year period, shall be entitled
to elect not less than a majority of the members of the board of directors upon the
happening of the earlier of the following two events: (1) Sale by declarant of sixty per
cent of the units in the condominium or (2) completion of seventy-five per cent of the
units in the condominium, with some such units having been sold, but no more than six
units having been sold in the six-month period preceding the call for an election pursuant
to subsection (b) hereof. All references in this subsection to "units in the condominium"
shall mean the aggregate of the units shown in the survey and plans filed with the original
declaration pursuant to section 47-71 and the units shown in the survey and plans filed
with any amendment to the declaration covering additional lands added to the condominium property, prior to the date on which the requisite proportion of units is attained.
The declarant shall be entitled to designate not less than one member of the board of
directors of the unit owners' association so long as he holds for sale in the ordinary
course of business ten per cent or more of the units in such condominium.
(b) At any time after unit owners other than the declarant are entitled to elect a
member or members of the board of directors of an association, the association shall
call and give not less than thirty nor more than forty days notice of a meeting of the unit
owners for this purpose. Such meeting may be called and the notice given by any unit
owner if the association fails to do so.
(c) So long as the declarant owns ten per cent or more of the units in the condominium for sale in the ordinary course of business, no action may be taken by the association
that would be detrimental to the sales of units by the declarant without written agreement
thereto by the declarant; provided that an increase in assessments for common expenses
or imposition of any special assessment without discrimination against the declarant
shall not be deemed to be detrimental to the sale of units.
(d) Within thirty days after unit owners other than the declarant elect a majority of
the members of the board of directors of an association, the declarant shall relinquish
control of the association and shall deliver to the association all property of the unit
owners and of the association held by or controlled by the declarant, including without
limitation the following items, as to each condominium operated by the association: (1)
The original or a certified copy or a photocopy of the recorded condominium declaration,
provided if a photocopy is delivered, such photocopy shall reflect the recording information and shall be certified by an affidavit executed by the declarant as a true and complete
copy of the actual recorded declaration; the association articles of incorporation, if it
be an incorporated association; bylaws; minute books and other books and records of
the association, if any; and any house rules and regulations which may have been promulgated; (2) resignations of officers and members of the board of directors who may be
required to resign by reason of the requirement that the declarant relinquish control of
the association; (3) an accounting or accountings for association funds. Such accounting
or accountings shall have been audited by an independent certified public accountant.
The declarant shall be liable to the association for all funds of the association that are
not properly expended and which were collected during the period of time that the
declarant controlled the board of directors of the association; (4) association funds or
control thereof; (5) all of declarant's tangible personal property that has been represented
by the declarant in brochures or other writings to be a part of the common elements, or
that is necessary for, and has been used exclusively in, the operation and enjoyment of
the common elements, or that is property of the association, and inventories of these
properties; (6) a copy of the plans and specifications utilized in the construction of
the improvements and the supplying of equipment to the condominium and for the
construction and installation of all mechanical components serving the improvements
and the site, in condominiums for which building permits have been issued after January
1, 1977, with respect to such buildings together with a certificate in affidavit form of the
declarant that such plans and specifications are substantially to the best of the knowledge,
information and belief of the declarant, the actual plans and specifications utilized in
and about the construction and improvement of the condominium property and for the
construction and installation of the mechanical components thereof and a certificate or
certificates in affidavit form of one or more architects or engineers authorized to practice
in the state that the plans and specifications referred to in each such certificate represent
to the best of the knowledge, information and belief of each such architect or engineer the
actual plans and specifications utilized in and about the construction and improvement of
the condominium property and for the construction and installation of the mechanical
components thereof, or of the portions of such condominium property or mechanical
components described in each certificate. The declarant's certificate shall also state
that the one or more architect's or engineer's certificates cover all of such plans and
specifications. In the event that the construction of the improvements shall have been
completed more than three years before the property shall have been declared a condominium, then the requirements of this subdivision shall not apply. If, however, the improvements on the condominium property submitted to condominium ownership shall
have been substantially rehabilitated, renovated or remodeled within three years prior to
the recording of the condominium declaration, then the requirements of this subdivision
shall apply to the plans and specifications used in connection with such work; (7) all
insurance policies then in force, in which the unit owners, the association, or its directors
and officers are the named assured; (8) copies of any certificates of occupancy which
may have been issued with respect to any improvements comprising the condominium;
(9) any other permits issued by governmental bodies applicable to the condominium
property and which are currently in force or which were issued within one year prior to
the date on which unit owners other than the declarant took control of the association;
(10) written warranties of the contractor, subcontractors, suppliers and manufacturers
that are still effective; (11) a roster of unit owners and mortgagees and their addresses
and telephone numbers, if known, as shown on the declarant's records; (12) employment
contracts in which the association is or is to be one of the contracting parties; (13) service
contract in which the association is or is to be one of the contracting parties or service
contract in which the association or the unit owners have directly or indirectly an obligation or responsibility to pay some or all of the fee or charge of the person or persons
performing the services; (14) one or more architect's or engineer's certificates certifying
to the best of the knowledge, information and belief of each such architect or engineer
that the portions of the common elements, for which building permits have been issued
after January 1, 1977, referred to in each such certificate have been constructed substantially in accordance with the plans and specifications therefor and a certificate of the
declarant that the one or more architect's or engineer's certificates delivered cover all
common elements described in such plans and specifications, and that the common
elements have been constructed substantially in accordance with the plans and specifications for which such certificates are required and the representations with regard thereto
made by the declarant in the disclosures required by this chapter; (15) the requirements
of subdivisions (6) and (14) of this subsection shall not apply to condominium property
constructed prior to January 1, 1977.
(P.A. 76-308, S. 21, 36; P.A. 77-453, S. 2, 7.)
History: P.A. 77-453 amended Subsec. (d) to clearly distinguish between declarant's certificates and those of architects
or engineers; (Revisor's note: In 1995 references in Subsec. (d)(6) to "this subsection (6)" were changed editorially by the
Revisors to "this subdivision" for consistency with statutory usage).
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 210 C. 6, 10.
Sec. 47-74b. Limitation on grants, reservations and contracts made by declarant or declarant-controlled association. (a) Except for covenants, liens and easements
permitted by subsection (d) of section 47-70, any grant or reservation made by or pursuant to the condominium instruments, and any contract made by the declarant or by an
association prior to assumption of control of the association by unit owners other than
the declarant that provides for management, maintenance or operation of the condominium, or of any common elements serving the unit owners or available to them, shall
expire not more than five years from the date of the recording of the original declaration,
unless extended by vote of a majority of the unit owners other than the declarant. Any
such grant, reservation or contract may be cancelled prior to its stated expiration date,
or amended, notwithstanding any provision to the contrary therein, by the unit owners'
association by vote of a majority of the unit owners other than the declarant. Such action
may be taken by the association at any duly held meeting upon the expiration of three
months from the date on which unit owners other than the declarant assume, or have
the right to assume, control of the association under subsection (a) of section 47-74a,
and shall take effect not less than sixty days from the date of the meeting at which such
action is taken. Such meeting may be called and notice given by a unit owner if the
association fails to do so.
(b) The declarant shall not establish any corporation or other instrumentality, or
require the execution of any writing, having as its purpose or effect the continuation of
control by the declarant, or the continuance of any grant, reservation or contract, after
action by the unit owners other than the declarant to assume control and to terminate
any such grant, reservation or contract, except for covenants, liens and easements permitted by subsection (d) of section 47-70 and the establishment of any such corporation or
instrumentality, or the execution or enforcement of any such document, shall be a violation of this chapter.
(P.A. 76-308, S. 22, 36.)
See Sec. 47-90c re effective date and applicability of chapter.
Sec. 47-74c. Declarant not to retain ownership interest in recreational facilities. The declarant shall not retain ownership of, and lease or otherwise require payment
for the use of the recreation facilities nor shall the declarant convey such recreation
facilities to any person other than to the unit owners of the condominium served by such
recreation facilities, which shall be common elements of the condominium within which
they are located or which they serve; provided any condominium may provide by its
condominium instruments that by affirmative vote of the unit owners at any time after
the unit owners other than the declarant have assumed or have the right to assume control
of the unit owners' association under section 47-74b, all or part of the recreational
facilities serving such condominium shall be conveyed to a nonstock corporation organized under chapter 602, the board of directors of which shall be composed exclusively
of unit owners of the condominium served by such recreational facilities.
(P.A. 76-308, S. 23, 36; P.A. 96-256, S. 202, 209.)
History: P.A. 96-256 replaced reference to Ch. 600 with Ch. 602, effective January 1, 1997.
See Sec. 47-90c re effective date and applicability of chapter.
Sec. 47-74d. Architect's or engineer's certificate required. Declarant's certificate. Escrow account. (a) With respect to buildings for which building permits have
been issued after January 1, 1977, if a declarant contracts to sell a unit that has been
completed, such declarant shall provide the purchaser with one or more architect's or
engineer's certificates certifying to the best of the knowledge, information and belief
of each such architect or engineer that the building in which such unit is located, or
the portions thereof described in each certificate, has been constructed substantially in
accordance with the plans and specifications referred to in each such certificate, except
for the equipping of any other units in such building. The declarant shall also provide
the purchaser with a certificate by the declarant that the one or more architect's or
engineer's certificates provided to the purchaser cover all of such plans and specifications and that such building has been completed in accordance with the representations
made by the declarant in the disclosures required by this chapter. The requirements of
this section shall not apply to condominium units constructed prior to January 1, 1977.
(b) With respect to units in buildings for which building permits have been issued
after January 1, 1977, and with respect to common elements of the condominium within
which such units are situated, without regard to any expansion of the condominium at the
option of the declarant, if a declarant contracts to sell a unit that has not been completed or
equipped or whose common elements have not been completed, equipped or landscaped
substantially in accordance with the plans and specifications and representations made
by the declarant in the disclosures required by this chapter, and if there is no payment
and performance bond in the amount of the construction contract price that covers such
completion, equipping or landscaping, the declarant shall establish an escrow with a
bank or trust company having trust powers, an attorney who is a member of the bar in
this state, or a title company authorized to do business in this state, with whom shall be
deposited all payments received by the declarant from the buyer of such unit upon the
sale price of the unit, until the amount deposited shall equal ten per cent of the sale price.
The funds so escrowed may be deposited in separate accounts, or in common escrow
or trust accounts, or commingled with other escrow or trust moneys handled by or
received by the escrow agent. The conditions for the release of funds from the escrow
shall conform to the following: (1) One-half of such funds shall be disbursed to the
declarant at the closing of the sale of the unit, provided the certificates required under
subsection (a) of this section have been delivered to the buyer of such unit or, if the unit
is not completed or equipped at the closing of the sale of the unit, the buyer and the
declarant may otherwise agree as to the disbursement of such funds and the time within
which such certificates shall be so delivered. If prior to such disbursement the escrow
agent has received from the purchaser written notice of a rescission pursuant to section
47-74f, all funds so deposited by or to the account of such purchaser shall be returned
to the purchaser free of all costs of escrow. (2) One-half of such funds shall be held by
the escrow agent as security for the completion of the common elements and shall be
released upon delivery by the declarant to the escrow agent of a written certificate from
one or more architects or engineers certifying to the best of their knowledge, information
and belief that the common elements, or the portions thereof described in each certificate
for which building permits were issued after January 1, 1977, have been completed
substantially in accordance with the plans and specifications referred to in each such
certificate and a certificate of the declarant that the common elements have been completed in accordance with the representations made by the declarant in the disclosures
required by this chapter, and in accordance with the plans and specifications used in the
completion of the common elements and the declarant shall also deliver to the escrow
agent, and the escrow agent may rely on, a certificate of the declarant that the one or
more architect's or engineer's certificates delivered to the escrow agent cover all of the
common elements described in such plans and specifications for which such certificates
are required. Any liability of the escrow agent shall terminate upon delivery of such
architect's or engineer's and declarant's certificates to such agent and such agent's
payment of the escrow funds to the declarant. If the common elements have not been
completed within five years after issuance of the first certificate of occupancy on any
building in the condominium for which the building permit was issued after January 1,
1977, the balance of the escrow funds shall be refunded to the unit owners' association.
(3) If the escrow funds earn interest, the interest shall be paid to the declarant if and
when he is entitled to receive the principal or paid to the purchaser if he properly voids
the contract and is entitled to return of the principal or to the unit owners' association
if and when entitled thereto. The reasonable expenses incurred by the escrow agent in
discharging his duties shall be an expense of the escrow. (4) Escrow funds shall not be
subject to attachment by the creditors of either the declarant or the purchaser.
(c) If a declarant who is required by this section to establish the escrow required
by this section fails to do so, or if such declarant, or any person acting on behalf of the
declarant, procures the wrongful release of any escrow funds to the declarant or to a
third party, with intent to defraud the purchaser, the person responsible shall be deemed
guilty of embezzlement and upon conviction shall be punished in the manner provided
by law.
(d) No architect or engineer who has a legal or equitable ownership interest in a
condominium may issue a certificate in accordance with this section with respect to
such condominium.
(P.A. 76-308, S. 24, 36; P.A. 77-453, S. 3, 7; P.A. 82-472, S. 163, 183; P.A. 83-28.)
History: P.A. 77-453 added references to engineer's certificates and added provisions re required certificate by declarant;
P.A. 82-472 made a technical change in Subsec. (b) by correcting an internal reference; P.A. 83-28 added Subsec. (d)
prohibiting architects or engineers with an ownership interest from issuing a certificate.
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 192 C. 150, 151.
Sec. 47-74e. Implied warranties. (a) An implied warranty of fitness and merchantability shall attach (1) to each building or other improvement completed not more
than two years prior to, or at any time after, the date of the recording of the original
condominium instruments; and (2) to the personal property that is transferred with or
is appurtenant to each of such buildings or other improvements. For the purpose of this
section, completion of a building means issuance of a final certificate of occupancy or
the equivalent authorization issued by the governmental body having jurisdiction.
(b) This implied warranty shall inure to the benefit of each unit owner and his successors, and to the benefit of the declarant, as follows: (1) As to the roof and structural
components of a building or other improvement, and as to mechanical, electrical and
plumbing components serving a building or improvement, as distinguished from mechanical components serving only a unit, there shall be the following warranties: (A)
From the declarant for the period beginning with the date of the first occupancy or use
of a building or improvement by a unit owner other than the declarant, and ending one
year thereafter; (B) from the contractor, subcontractors and suppliers for a period of one
year from the completion of construction or installation. (2) As to all other components
of a building or other improvement there shall be the following warranties: (A) From
the declarant for a period of one year from the date of the closing of a sale of a unit or
from the date of first occupancy of the unit, whichever shall first occur, as to such unit
and the limited common elements appurtenant thereto, and as to all other buildings and
real estate improvements beginning with the date of first use of the same by a unit owner
other than the declarant; (B) from the contractor, subcontractors and suppliers, as to
each building or other improvement, for a period of one year from the completion of
construction thereof.
(c) The warranties herein provided may be asserted by a unit owner or by the unit
owners' association on its own behalf or on behalf of one or more unit owners, and shall
be conditioned upon the performance of routine maintenance.
(P.A. 76-308, S. 25, 36.)
See Sec. 47-90c re effective date and applicability of chapter.
Although statute applies only to units sold on and after January 1, 1977, it is not exclusive remedy and nonstatutory
implied warranty will be imposed on builder-vendor of condominium. 36 CS 160, 164, 165.
Sec. 47-74f. Nonbinding reservation agreements. Cancellation. (a) No declarant may dispose of any interest in a condominium unit unless he delivers to the purchaser
a current public offering statement, on or before the date on which a nonbinding reservation agreement is signed by the purchaser. Said nonbinding reservation agreement shall
be expressly and without qualification effective for at least fifteen days from the date
on which the purchaser signs it.
(b) No declarant may dispose of any interest in a condominium unit to a purchaser
who has not signed a nonbinding reservation agreement for said unit unless he delivers
to such purchaser a current public offering statement, on or before the date on which
the purchaser signs a contract for disposition of said unit. Any contract signed by such
a purchaser shall be expressly and without qualification subject to cancellation by the
purchaser in the same manner as a nonbinding reservation agreement.
(c) Cancellation of contracts for the disposition of a condominium unit shall be
by notice to the declarant, sent by certified mail, return receipt requested, or by hand
delivery.
(d) Failure to comply with this section shall be grounds for action by a purchaser
against the noncomplying declarant for rescission, damages or injunctive relief of for
any other relief to which the purchaser may be entitled. No action may be commenced
enforcing the rights contained in this section unless commenced and a notice filed on
the land records within fifteen days from the date on which the purchaser signed a
contract for the disposition of the unit which is the subject of the violation asserted. If
any such action results in a final judgment or decree in favor of the party instituting
such action, such judgment or decree may incorporate a provision for reasonable attorney's fees as specified in such judgment or decree, to be paid by the party against whom
such decree is entered.
(P.A. 76-308, S. 30, 36.)
See Sec. 47-90c re effective date and applicability of chapter.
Sec. 47-75. Obligations of unit owners. Limit on liability of unit owner. (a)
Each unit owner, and the association of unit owners, shall comply with this chapter,
the condominium instruments, and the rules and regulations adopted pursuant thereto.
Failure to so comply shall be ground for an action to recover damages or for injunctive
relief, or for any other relief to which the party bringing such action may be entitled.
Such action may be brought by the association of unit owners against any unit owner
or owners or, in any proper case, by one or more aggrieved unit owners on their own
behalf or as a class action. If any such action results in a final judgment or decree in
favor of the party instituting such action, such judgment or decree may incorporate a
provision for reasonable attorney's fees, as specified in such judgment or decree, to be
paid by the party against whom such judgment or decree is entered.
(b) No unit owner shall do any work which may jeopardize the soundness or safety
of the property, reduce the value thereof or impair any easement, right, appurtenance
or other interest constituting a common element without the unanimous consent of all
the other unit owners.
(c) Except in proportion to his percentage interest in the common elements, no unit
owner, officer or director of the association shall be personally liable for (1) damages
resulting from injuries arising upon or in connection with the common elements, solely
by virtue of his ownership of a percentage interest therein; or (2) liabilities incurred by
the association of unit owners, its directors and its agents.
(1963, P.A. 605, S. 7, 8; P.A. 76-308, S. 20, 36.)
History: P.A. 76-308 provided for compliance with chapter 825, the condominium instruments and any rules or regulations adopted pursuant thereto by each unit owner and the association of unit owners and provided for punitive damages
for failure to comply.
See Sec. 47-90c re effective date and applicability of chapter.
Sec. 47-75a. Resale of unit by person other than declarant. (a) In the event of
any resale of a condominium unit by a unit owner other than the declarant, such owner
shall obtain from the unit owners' association and furnish to the purchaser, prior to the
settlement date of the disposition, the following: (1) Appropriate statements pursuant
to subsection (b) of section 47-87 and, if applicable, subsection (c) of this section; (2)
a statement of any capital expenditures anticipated by the unit owners' association within
the twelve months next following the date of the statement; (3) a statement of the status
and amount of any reserve for replacement fund and any portion of such fund earmarked
for any specified project by the board of directors.
(b) The principal officer of the unit owners' association or such other officer or
officers as the condominium instruments may specify, shall furnish the statements prescribed by subsection (a) hereof upon the written request of any unit owner within fifteen
days of the receipt of such request.
(c) If the condominium instruments create any rights of first refusal or other restraints on free alienability of the condominium units, such rights and restraints shall
be void unless the condominium instruments make provision for promptly furnishing
to any unit owner or purchaser requesting the same, within fifteen days after the association acts on such request but not longer than forty days, a recordable statement certifying
to any exercise, waiver of, or failure or refusal to exercise, such rights and restraints, in
all cases where such exercise, waiver, failure or refusal does in fact occur. Failure or
refusal to furnish such a statement within forty days after delivery of a written request
by a unit owner or purchaser in accordance with the provisions of the condominium
instruments shall make all such rights and restraints inapplicable to any disposition of
a condominium unit in contemplation of which such statement was requested. Any such
statement shall be binding on the association of unit owners and every unit owner. No
action may be commenced enforcing such right unless commenced and a notice recorded
on the land records within six months of the recording of such conveyance.
(P.A. 76-308, S. 26, 36.)
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 208 C. 318, 327.
Sec. 47-76. Allocation of profits and expenses. (a) The common profits of the
condominium shall be distributed among the unit owners according to the percentage
of the undivided interest in the common elements or be credited to their assessments for
common expenses according to the stated percentage, or be used for any other purpose as
the association of unit owners decides.
(b) Funds for the payment of current common expenses and for the creation of
reserves for the payment of future common expenses and funds for improvements, replacements and additions shall be obtained by assessments against the unit owners in
proportion to their percentage interests in the common elements; provided any declarant
who owns a unit occupied by a holdover tenant may increase the rent of such tenant
only by the amount of any such assessment for the payment of current common expenses
not already included in the rent.
(c) Except as provided otherwise by the condominium instruments, any expenses
associated with the maintenance, repair, renovation, restoration or replacement of any
limited common element shall be common expenses, provided no expenses for repairs
or reconstruction of units which occur prior to the original sale of the unit by the declarant
shall be considered as a common expense.
(d) To the extent that the condominium instruments expressly so provide, any other
costs incurred by the association caused by the negligence or wilful misconduct of any
unit owner or his licensee or invitees, or for a specific service rendered to a unit owner
which is different from services regularly rendered to all unit owners, shall be specially
assessed against said unit owner in accordance with such reasonable provisions as the
condominium instruments may make for such cases.
(1963, P.A. 605, S. 9; P.A. 76-308, S. 12, 36; P.A. 80-370, S. 3, 9; P.A. 81-319, S. 4, 6.)
History: P.A. 76-308 made provision for the division of common profits and assessment of common expenses according
to the percentage to undivided interest in the common elements and provided that damage caused by negligence or wilful
misconduct shall be specially assessed against the unit owner causing such damages if the condominium instruments so
provide; P.A. 80-370 added provisos in Subsecs. (b) and (c); P.A. 81-319 amended Subsec. (b) to clarify that the rent of
a holdover tenant may be increased "only" by the amount of any assessment for common expenses not already included
in the rent.
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 208 C. 318, 327.
Sec. 47-77. Assessment of common expenses. Liens and foreclosure. (a) All
sums assessed by the association of unit owners, but unpaid, for the share of the common
expenses chargeable to any unit shall constitute a lien on such unit prior to all other
liens, except only (1) tax liens on the unit in favor of any assessing authority and special
district, including any state and federal tax liens, and (2) all sums unpaid on mortgages
of record. Such lien shall exist from the due date of the assessment as established by
the association of unit owners, and shall be perfected by filing a notice of lien signed
by an officer of the condominium on the land records of the municipality in which the
property lies, and by leaving a true and attested copy thereof with the unit owner against
whom such lien is claimed or at his usual place of abode, or, if such unit owner resides
outside the municipality in which the property lies, by mailing such copy to him at the
place where he resides. Such notice of lien shall contain the address of the property,
volume and page of record of the declaration, the name of the record owner of the unit,
the unit designation, the amount due and the date when due. Such lien shall be limited
and discharged in accordance with sections 49-39 and 49-40a. Such lien may be foreclosed by suit by the association in like manner as a mortgage of real property, and shall
include reimbursement for costs and reasonable attorneys' fees. Any officer or agent
of the condominium, acting on behalf of the unit owners, shall have power, unless
prohibited by the declaration, to bid in the unit at foreclosure sale, and to acquire and
hold, lease, mortgage and convey the same in the name of the association of unit owners.
Suit to recover a money judgment for unpaid assessments shall be maintainable without
foreclosing or waiving the lien securing the same.
(b) Where a mortgagee or a purchaser at a foreclosure sale obtains title to a unit,
such acquirer of title, his heirs, successors and assigns, shall not be liable for the entire
unpaid share of the common expenses or assessments by the association of unit owners
chargeable to such unit which became due prior to the acquisition of title to such unit
by such acquirer, but such expenses or assessments, if not fully satisfied out of the
proceeds of such sale, shall become common expenses collectible from all of the unit
owners, including such acquirer, his heirs, successors and assigns.
(1963, P.A. 605, S. 22; 1971, P.A. 813, S. 8; P.A. 76-308, S. 13, 36; P.A. 79-602, S. 130.)
History: 1971 act set the requirements for perfecting a lien by the association of unit owners; P.A. 76-308 provided the
lien may be perfected by an officer of the condominium and that the lien may be foreclosed by the association of the unit
owners; P.A. 79-602 substituted Sec. 49-40a for Sec. 49-40 in provision re discharge of lien in Subsec. (a).
See Sec. 47-90c re effective date and applicability of chapter.
Sec. 47-78. Owner may not exempt himself from liability. (a) No unit owner
may exempt himself from liability for payment of the common expenses by waiver of
the use or enjoyment of any of the common elements or by abandonment of the unit
against which the assessments are made, except if every unit owner is so exempted from
the payment of all or part of the common expenses.
(b) A declarant shall become liable as a unit owner for payment of his share of the
common expenses commencing on the day of the recordation of the original declaration
and shall remain liable for his share of the common expenses, so long as the declarant
owns a unit in the condominium.
(1963, P.A. 605, S. 19; P.A. 76-308, S. 14, 36.)
History: P.A. 76-308 provided that no unit owner may be exempted from payment of common expense unless all unit
owners are so exempted and further provided that the declarant shall be liable for payment of expenses so long as he owns
a unit in the condominium.
See Sec. 47-90c re effective date and applicability of chapter.
Sec. 47-79. Collection of taxes and assessments. (a) Taxes, assessments, including special assessments, and other charges of this state or of any political subdivision,
or of any special improvement district, or any other taxing or assessing authority shall
be assessed against and collected on each individual unit, each of which shall be carried
on the tax books as a separate and distinct entity for that purpose and not on the building
or property as a whole. Neither the building, the property nor any of the common areas
and facilities shall be deemed to be a parcel, but each unit shall be deemed to have an
undivided interest therein and assessments against any such unit shall include such
proportionate undivided interest. In the event the land or the building, including common
areas and facilities, is separately owned, and leased to the unit owner for a period of not
less than fifty years and such lease, duly recorded, provides that the lessee shall pay all
such taxes, such unit and its percentage of undivided interest in the common areas and
facilities shall be deemed to be a parcel and shall be separately assessed and taxed in
the name of the lessee.
(b) No forfeiture or sale for delinquent taxes may be made other than against the
individual unit on which the taxes are delinquent and no forfeiture or sale of the improvements or the property as a whole for delinquent real property taxes, special assessments
or charges shall ever divest or in any manner affect the title to any individual unit so
long as the real property taxes and duly levied share of special assessment charges on
the individual unit are currently paid.
(1963, P.A. 605, S. 20; 1971, P.A. 813, S. 9; P.A. 76-308, S. 15, 36.)
History: 1971 act provided for payment of taxes in a leasehold condominium by the lessee; P.A. 76-308 provided that
no forfeiture or sale for delinquent taxes may be made except against the individual unit on which the taxes are delinquent.
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 44 CA 517.
Subsec. (a):
Cited. 44 CA 517.
Sec. 47-80. Bylaws. (a) The administration of every condominium shall be governed by bylaws, a copy of which shall be annexed to the declaration and recorded as
a part thereof. No modification of or amendment to the bylaws shall be of legal effect
until set forth in an amendment to the declaration and such amendment is recorded.
(b) Each residential unit in the condominium, other than in a nonresidential condominium, shall be entitled to a vote in the unit owners' association in proportion to its
interest in the common elements established pursuant to subsection (b) of section 47-74. If a unit is owned by more than one person, the bylaws shall set forth the method
by which the vote attributable to such unit is to be cast and counted.
(c) The bylaws shall provide for the following: (1) The election from among the
unit owners of a board of directors, the number of persons constituting and the term of
office of such board; a provision that the terms of at least one-third of such board shall
expire annually; the powers and duties of the board; the compensation, if any, of the
directors; the method of removal from such board; the powers of the board in engaging
the services of a manager or managing agent; provided, (A) during the first five years
following the recording of the declaration pursuant to the provisions of this chapter and
so long as the declarant is the owner of any units, the bylaws may provide for a board
of directors which consists of persons other than unit owners and (B) the bylaws may
provide that a unit owner's spouse, having no ownership interest, may be a director if
such spouse is a resident of the condominium; (2) the method of calling meetings of the
unit owners; and the percentage, if other than a majority, of unit owners which shall
constitute a quorum; (3) the qualifications of the officers of the association, and their
powers, duties, manner of selection and removal and term and compensation, if any; (4)
maintenance, repair and replacement of the common elements and payments therefor,
including the method of approving payment vouchers; (5) the manner of assessing
against and collecting from the unit owners their share of the common expenses; (6)
designation and removal of personnel necessary for the maintenance, repair and replacement of the common elements; (7) the method of adopting and amending administrative
rules and regulations governing the details of the operation and use of the common
elements; (8) such restrictions on and requirements respecting the use and maintenance
of the units and the use of the common elements as are not set forth in the declaration,
designed to prevent unreasonable interference with the use of their respective units and
of the common elements by the several unit owners; (9) such provisions governing the
alienation, conveyance, sale, leasing, purchase, ownership and occupancy of units as
are deemed desirable; (10) such provisions for the establishment of reserves to provide
for maintenance, improvements, replacements, working capital, bad debts, depreciation,
obsolescence, and similar purposes as are deemed desirable, except that for a conversion
condominium, provisions for reserves for capital expenditures shall be required; (11)
the manner by which the bylaws may be modified or amended, consistent with the
provisions of this chapter, provided that no amendment shall be contrary to the requirements of this section; (12) other provisions deemed necessary for the administration of
the condominium consistent with this chapter.
(d) Notwithstanding the provisions of section 47-90c, a condominium unit owners'
association may adopt or amend its bylaws to provide that a unit owner's spouse, having
no ownership interest, may be a director if such spouse is a resident of the condominium.
(1963, P.A. 605, S. 16, 17; 1971, P.A. 813, S. 10; P.A. 76-308, S. 16, 36; P.A. 79-123; P.A. 80-396, S. 4, 5; P.A. 82-356, S. 7, 14.)
History: 1971 act provided for bylaws concerning the procedures for electing a board of directors while the declarant
owns any unit in the condominium, the establishment of reserves and provisions governing alienation, conveyance, sale,
leasing, ownership and occupancy of units; P.A. 76-308 provided for bylaws concerning voting rights of unit owners,
qualifications of officers of the association and the method of assessing common expenses; P.A. 79-123 allowed unit
owner's spouse, although having no ownership interest, to be a director if he or she resides in the condominium; P.A. 80-396 added Subsec. (d); P.A. 82-356 amended Subsec. (c) to require that the bylaws include provisions for reserves for
capital expenditures if it is a conversion condominium.
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 24 CA 554, 555.
Sec. 47-80a. Powers of unit owners' association. Except to the extent prohibited
by the condominium instruments, and subject to any restrictions and limitations specified therein, the unit owners' association, whether incorporated or unincorporated, shall
have the power to: (1) Employ, dismiss and replace agents and employees to exercise
and discharge the powers and responsibilities of the association; (2) make or cause to
be made additional improvements on and as a part of the common elements; (3) grant
or withhold approval of any action by one or more unit owners or other persons entitled
to occupancy of any unit which would change the exterior appearance of any unit or of
any other portion of the condominium, or elect or provide for the appointment of an
architectural control committee, to grant or withhold such approval; (4) acquire, hold,
convey and encumber title to real property, including, but not limited to, condominium
units and the common elements appurtenant thereto, recreation facilities and personal
property; (5) sue and be sued in any court; appear on behalf of all unit owners before any
officer, agency, board, commission or department of the state or any political subdivision
thereof and appeal from any judgments, orders, decisions or decrees rendered by the
same; (6) to grant easements through the common elements and accept easements benefiting the condominium or any portion thereof. The foregoing enumeration of powers
shall not be construed to prohibit the grant by the condominium instruments of other
powers and responsibilities to the unit owners' association, nor to divest a unit owners'
association incorporated as a stock corporation under chapter 601 or any predecessor
statutes thereto, or as a nonstock corporation under chapter 602 or any predecessor
statutes thereto, of any powers which it may exercise thereunder.
(P.A. 76-308, S. 18, 36; P.A. 96-256, S. 203, 209; 96-271, S. 215, 254.)
History: P.A. 96-256 replaced reference to "chapter 600" with "chapter 602 or any predecessor statutes thereto", effective
January 1, 1997; P.A. 96-271 replaced reference to "chapter 599" with "chapter 601 or any predecessor statutes thereto",
effective January 1, 1997.
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 41 CA 249, 251.
Section provides acceptable alternative to a class action suit but is restricted by section 47-90e(a) to condominiums
established after January 1, 1977. 35 CS 199, 203. Cited. 36 CS 160, 164.
Subdiv. (5):
Cited. 36 CS 160, 164.
Sec. 47-81. Accounting records. Audit. (a) The declarant and the association shall
maintain accounting records according to generally accepted accounting practices. Such
records shall include: (1) A record of all receipts and expenditures; (2) an account for
each unit which shall designate the name and address of each unit owner, the amount
of each assessment, the dates on which the assessment comes due, the amounts paid on
the account, and the balance due; (3) a record of the actual cost, irrespective of discounts
and allowances, of the maintenance of the common elements; (4) an accurate account
of the current balance in the reserve for replacement and for emergency repairs.
(b) Records maintained by the declarant, by the association or by the manager shall
be available for examination and copying by any unit owner, his duly authorized agents
or attorneys, at the expense of the unit owner, during normal business hours and after
reasonable notice.
(c) From the date of the recording of the declaration until the declarant relinquishes
control of the association pursuant to subsection (d) of section 47-74a he shall cause to
have prepared a certified audit of the books of the condominium by a certified public
accountant not less than once in every calendar year which shall be available for examination by the unit owners. Thereafter on the written petition of unit owners of not less
than twenty-five per cent of the units then completed, a certified audit by an independent
certified public accountant shall be made, but not more than once in any consecutive
twelve-month period; provided the cost of the audit shall be a common expense.
(1963, P.A. 605, S. 18; P.A. 76-308, S. 17, 36.)
History: P.A. 76-308 required the declarant and the association of unit owners to maintain specified accounting records,
provided for examination and copying of the records and provided for certified audits of the books.
See Sec. 47-90c re effective date and applicability of chapter.
Sec. 47-82. Liens against units. (a) Subsequent to recording the declaration as
provided in this chapter, and while the property remains subject to this chapter, liens or
encumbrances shall arise or be created only against each unit and the percentage of
undivided interest in the common areas and facilities appurtenant to such unit, in the
same manner and under the same conditions in every respect as liens or encumbrances
may arise or be created upon or against any other separate parcel of real property subject
to individual ownership, provided no labor performed or materials furnished with the
consent or at the request of a unit owner or his agent shall be the basis for the filing of
a mechanic's lien against the unit or any other property of any other unit owner not
expressly consenting to or requesting the same, except that such express consent shall
be deemed to be given by the owner of any unit in the case of emergency repairs thereto.
Labor performed or materials furnished for the common areas and facilities, if authorized
by the association of unit owners, the manager or board of directors, pursuant to the
declaration or bylaws, shall be deemed to be performed or furnished with the express
consent of each unit owner and shall be the basis for the filing of a mechanic's lien
against each of the units and shall be subject to the provisions of subsection (b) of this
section.
(b) If a lien against two or more units becomes effective, the owner of any such unit
may remove his unit and his percentage of undivided interest in the common areas and
facilities appurtenant to his unit from the lien by payment of the fractional or proportional
amount attributable to his unit. Such individual payment shall be computed by reference
to the percentages appearing in the declaration. Subsequent to any such payment, discharge or other satisfaction, such unit and the percentage of undivided interest in the
common areas and facilities appurtenant thereto shall thereafter be free and clear of the
lien so paid, satisfied or discharged. Such payment, satisfaction or disch